Occupational safety and health (basic issues) Training resources

Materiały szkoleniowe wersja: 1.3 Zatwierdzono: 30 stycznia 2016

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TABLE OF CONTENTS:

INTRODUCTION .................................................................................................... 4

1. DUTIES OF EMPLOYER IN THE AREA OF OSH ........................................................ 4

2. EMPLOYEES’ RIGHTS AND DUTIES ...................................................................... 5

3. WORK BUILDINGS AND WORK ROOMS ................................................................. 7

4. MACHINERY AND OTHER TECHNICAL DEVICES ...................................................... 8

5. CHEMICAL SUBSTANCES, HARMFUL AND HAZARDOUS PRODUCTS .......................... 9

6. PROTECTION OF EMPLOYEES’ HEALTH ................................................................. 10

7. ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES ........................................ 12

8. TRAINING OF EMPLOYEES ................................................................................. 15

9. WORKING CLOTHES AND PERSONAL PROTECTIVE EQUIPMENT .............................. 16

10. OCCUPATIONAL SAFETY AND HEALTH SERVICE .................................................. 17

11. CONSULTATION ON OCCUPATIONAL HEALTH AND SAFETY. OCCUPATIONAL SAFETY

AND HEALTH COMMITTEE ...................................................................................... 18

12. LIABILITY FOR NON-COMPLIANCE WITH LABOUR LAW REGULATIONS .................. 19

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INTRODUCTION

The basic legal act regulating the duties in the area of occupational safety and health

(OSH) is the Labour Code.

As a result of three amendments in the last few years to the Labour Code, the OSH

issues have been defined in a different, and also significantly wider, way than they used

to be. The changes in the Labour Code Chapter X had the following aims:

1) description of the basic duties resting on the employer;

2) establishment of new employee rights;

3) adjustment of the legal provisions to the requirements of the European Union and

the International Labour Organisation.

These changes mean an increased responsibility of the employer for the state of working

conditions.

1. DUTIES OF EMPLOYER IN THE AREA OF OSH

It is not a coincidence that the provisions of Chapter X of the Labour Code (LC) entitled

Occupational Safety and Health begin with an emphasis on the role and responsibility of

the employer in the field of occupational safety and health. Art. 207 of the LC states that

“the employer shall be responsible for the state of occupational safety and health in the

workplace”. Further, this same provision states that the employer is obliged to protect the

health and life of employees by ensuring safe and healthy working conditions, with an

appropriate application of the achievements in science and technology. The Labour Code

lays a requirement on the employer to have knowledge of the provisions and rules in the

field of work protection as well as his duties in this respect.

Where employees are employed by different employers and perform their work at the

same time in the one place, the provisions require the employers to co-operate, appoint

a coordinator to provide supervision over occupational safety and health of all the

employees employed in that place and establish the rules of joint action in case of the

emergence of hazards to the health or life of employees.

. Many more duties derive from the remaining provisions of Chapter X of the Labour Code

and several tens of legal acts concerning the technical safety of work.

In summary, it ought to be pointed out that in an enterprise the employer bears the

responsibility for the state of occupational safety and health. Under Art. 3 of the LC, the

manager or the management body of the unit or another person assigned for this,

performs for the employer activities in the field of labour law, and hence also in the field

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of occupational safety and health.

2. EMPLOYEES’ RIGHTS AND DUTIES

The amended Labour Code is an expression of trust in the employee, in his good will and

intentions. These tendencies are demonstrated first and foremost in Art. 210 of the

Labour Code which gives the employee the right to refrain from performed work if the

working conditions do not meet the occupational safety and health provisions and cause

a direct risk to his health or life.

If refraining from performed work does not remove the risk, then the employee has the

right to distance himself from the place of danger and immediately inform his superior

about this situation. The employee retains the right to salary for the time of refraining

from work or distancing himself.

Hence, as one can see, the Labour Code has given the employee the right to assess the

state of working conditions in the enterprise.

The employee also has the right to refrain from work that requires a particular

psychophysical competence when his state does not ensure safe performance of work

and creates a danger for other people. In practice this means that when the employee

informs his superior of the fact of not feeling well and does not start work, then such

absence should be treated as justified, although in this case without the right to

remuneration.

The implementing provision of the Labour Code has listed 36 types of work requiring

particular psychophysical competence. This list includes among others the work of:

drivers, operators of pressure devices, operators of heavy construction machinery,

operators of gantries and those working at the renovation of traction grids.

Besides the employee’s rights the Labour Code in Art. 211 lists a register of the

employee’s duties in the field of OSH. The employee is obliged to:

1) know the provisions and rules of occupational safety and health, participate in the

training and instruction in this field and take the required exams;

2) perform work in compliance with the provisions and rules of occupational safety

and health and follow the recommendations and instructions of superiors in this

field;

3) take care of the appropriate state of machinery, devices, tools and equipment,

and keep order at the workplace;

4) apply collective protective equipment and also the received personal protective

equipment, clothes and footwear, in accordance with their intended use;

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4) submit to preliminary, periodical, check - up and other required medical

examinations and obey medical instructions;

5) inform without delay his superior of a noticed accident or risk to health or life in

the enterprise and warn colleagues as well as other persons present in the dangerous

area about the hazard;

6) co-operate with the employer and superiors in fulfilling the duties regarding

occupational safety and health.

A particular responsibility for the state of work safety rests on those employees who, as a

result of their professional position, manage other employee. Practically speaking, it is on

their attitude that the observance of regulations in the workplace depends. Under Art.

212 of the Labour Code the person managing other staff is obliged to:

1) organise the place of work in compliance with the occupational safety and health

regulations and principles;

2) take care of the condition of the personal protective equipment and its application

in accordance with the intended use;

3) organise, prepare and conduct work taking into account the protection of

employees from accidents at work, occupational diseases and other diseases

related to the work environment;

4) take care of the safe and hygienic state of work rooms and technical equipment,

as well as the efficiency of the collective protective equipment and its application

in accordance with the intended use;

5) enforce the observance by employees of the provisions and rules of occupational

safety and health;

6) ensure the following of recommendations of doctors providing employee health

care.

As one can see, the basic duty of the employee (as well as of the employer) is the

knowledge and observance of provisions and rules of occupational safety and health. By

provisions it is meant to be understood the provisions contained in Chapter X of the

Labour Code and many detailed provisions regarding first and foremost the technical

issues of safety at work. The rules of occupational safety and health should be

understood as non-legal rules which derive from technical and life experience, and whose

observance ensures work safety and hygiene.

The variety of manufacturing and technological processes renders total regulation

impossible. Thus, the OSH principals must be observed, which is a legal obligation. Lack

of relevant regulations does not release the employer from the duty to take measures to

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protect employees from possible dangers.

The judicatory practice of the Supreme Court, which increasingly enters the domain of

the liability of the employer for safety at work, has already established several legal

principles in this scope. In one of its rulings the Supreme Court such held: “the liability of

the employer results from the very breach of general principles...” and further: “it is not

necessary to issue specialised executive regulations as these are replaced by commonly

shared everyday experience” (Supreme Court ruling of 31 December 1951, C320/51,

PiP 1952 no. 7, pp. 127 n.)

3. WORK BUILDINGS AND WORK ROOMS

The building and rooms in which the work is performed have and essential influence on

the working conditions. Thus, at the designing stage the provisions require the employer

to ensure that qualified experts provide their opinion as to the documentation.

Under Art. 213 of the Labour Code the construction of a new site, the re-development of

an existing building or its part should be performed on the basis of projects which take

account of OSH.

The forms and content of a construction project have been specified in the Regulation of

the Minister of Transport, Construction and Water Economies on the detailed scope and

forms of a construction project The construction project must be prepared by a planner

properly qualified to provide planning and take into account provisions and technical

standards concerning among others: the surface requirements, intensity of light, number

and types of hygienic-sanitary rooms, foreseen micro-climatic conditions etc.

The planner is required to ensure that the architectural construction project be checked

from the point of view of conformity with the provisions including technical construction

and the binding Polish Technical Standards by a person who has relevant construction

qualifications to provide planning without limitations in the appropriate specialisation, or

by a construction expert, and furthermore obtain the required opinions and agreements

to the extent implied by the provisions.

The project should be prepared in the Polish language and by applying the graphic and

letter marking as specified in the binding Polish Technical Standards.

The employer who is at the same time investor should check whether to the technical

project documentation provided are attached the required opinions of experts in: work

safety and ergonomics, fire protection, sanitary-hygienic, natural environment protection.

In the course of realisation of the investment or re-development of the construction site,

the investor may be represented by the supervision inspector who will ensure that the

object be constructed in accordance with the project documentation, evaluate the quality

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of work etc.

At the end of the construction cycle, not later than 14 days prior to the intended

commencement of its use, the employer has the duty to apply for an official receipt of

the building, or its part after re-development, to the National Labour Inspection, National

Sanitary Inspection, National Fire Brigade and National Inspection for the Protection of

the Natural Environment (Articles 54-56 of the Construction Law).

The beginning of use of a new or re-constructed building is conditional on obtaining the

required permit for use. The construction law only allows the employer to use a building

which has been applied for receipt to the relevant institution and if that institution, within

a period of 14 days following the receipt of the application, has put forward no

objections.

The employer is required to maintain the buildings and workplaces contained within as

well as the connected premises and devices in a state ensuring safe and hygienic working

conditions.

The Act on the Construction Law imposes on the owner or administrator of a building the

duty to control periodically the building’s elements, installations and to maintain for each

building the construction object book which is a document for the recording of performed

research and technical inspections, renovations etc.

Furthermore, in relation to the work buildings and work places, the following provisions

are applicable:

1) ci) Regulation of the Minister of Infrastructure on the technical conditions which

should be met by buildings and their location cii)Regulation of the Minister of

Labour and Social Policy on general provisions concerning occupational safety and

health

2) Regulation of the Minister of Interior Affairs and Administration on the fire

protection of buildings, other construction objects and areas

4. MACHINERY AND OTHER TECHNICAL DEVICES

Similar comments to those concerning buildings refer to machinery and other technical

devices. The duty to fulfil the requirements of work safety and ergonomics in the

constructed machinery rests on its constructor and manufacturer.

Machinery and technical devices should be constructed and built in the way protecting

the employee from, among others, injuries, effects of dangerous chemical substances,

electric shocks, excessive noise, harmful shock, vibration effects and radiation.

In case when the installed devices and machinery do not meet the safety requirements

or where the conditions of their use create additional requirements in this matter, it is the

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employer’s duty to equip them with appropriate safeguards.

Machinery and other technical devices and work tools should be:

1) labelled with a safety mark as long as they are subject to the duty of submission

for certification and labelling with a safety mark in accordance with the Regulation

on the lists of products subject to the duty of submission for certification and

labelling with a safety mark and of products subject to the duty of issuing a

conformity declaration;

2) equipped with a declaration of conformity of those products with the technical

standards introduced for their obligatory application, and with the requirements

described in the appropriate provisions (should they not be subject to

certification).

Under Art. 217 of the Labour Code it is not permissible to equip work posts with

machinery and other technical equipment or work tools which do not meet conformity

assessment requirements.

The same rules apply to devices equipped with screen display monitors. In

implementation of the provisions contained in the Directive of the European Economic

Community Council 90/270/EEC of 29 May 1990 on the minimum health and safety

requirements for work with screen display equipment, an Regulation of the Minister of

Labour and Social Policy has been issued on health and safety at work with display

screen equipment The Provisions of this Regulation set out among others the following:

1) occupational safety and health and ergonomics requirements for work posts

equipped with screen display monitors;

2) requirements regarding the organisation of work at the work posts equipped with

screen display monitors.

A very important group of technical instruments in terms of work safety are devices

subject to technical supervision.

Technical devices which are subject to technical supervision can only be used in the

enterprise when the enterprise has been granted a positive decision from the Technical

Supervision Office.

5. CHEMICAL SUBSTANCES, HARMFUL AND HAZARDOUS

PRODUCTS

A problem which has emerged in its entire severity in the last few years has been the

application during the work process of materials and substances of an unknown origin. In

order to counteract such occurrences, the Labour Code has for the first time formulated

clear duties imposed on the employer in this area.

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Hence, in the first place, the employer may not apply materials and technological

processes without being aware of the extent to which they may be harmful or of the

ways of protecting the employees.

Secondly, it is not permissible to apply chemical substances which are not marked in a

visible manner which allows for its identification. In case when the dangerous chemical

substances is being used, it is not permissible either to apply them without the chemical

safety data cards or without the application of packaging protecting against harmful

action, fire or explosion.

In case of employing employees in conditions where there is a risk of exposure to

carcinogenic substances and factors, the employer is required to replace these

substances with the substances less harmful to health or apply other available means

limiting the degree of such exposure together with making appropriate use of the

advancements in science and technology.

The employer is obliged to register all types of work involving contact with carcinogenic

substances and factors.

Similar duties rest on the employer in case of the creation of sources of ionising

radiation. In this case it is of a particular importance that the permissible limit doses of

ionising radiation should not be exceeded.

The employer who conducts activity which involves the possibility of sudden dangers to

the health or life of employees is obliged to take steps to protect employees from such

danger, and in particular to equip employees with appropriate rescue equipment, arrange

the training of employees showing the use of such equipment and providing first aid.

In case of work where there is a possibility of the occurrence of a particular danger to

health or human life, the employer should ensure its performance by at least two persons

for additional assurance.

6. PROTECTION OF EMPLOYEES’ HEALTH

Each job applicant is subject to a preliminary medical examination. The provisions do not

provide for any exceptions from this requirement. Hence, the signing of an employment

contract with an employee should be preceded by a medical opinion stating the non-

existence of contra-indications as to work at a specified post.

The duty of the employer to send candidates for work and employees for medical

examination is regulated by the provisions of Art. 229 of the Labour Code and the

implementing provisions of the Regulation of the Minister of Health and Social Welfare on

conducting medical examinations of employees within the scope of employee preventive

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health care and medical opinions for purposes set out in the Labour Code Medical

examination ought to be conducted on the basis of a written direction issued by the

employer, which should contain:

1) description of the type of preventive examination to be carried out;

2) in case of persons being recruited or transferred to other posts, a description of

the work post at which the person is to be employed;

3) in case of employees, a description of the work post at which the person is

employed;

4) information about the occurrence at the post or posts of factors harmful for health

or difficult conditions and the up-to-date results of testing and measurement of

factors harmful to health carried out at these posts.

All employees are equally subject to periodical examinations which, depending on the

working conditions, state of health and the age of the employee, are repeated not earlier

than after one year of working and at least once every 5 years.

In case of an employee who has been ill for longer than 30 days, it is necessary to send

him for a check - up medical examination to establish the ability to perform work at the

current post.

The employer cannot permit to work an employee without a valid medical opinion stating

non-existence of contra-indications as to work at the specified post.

In the case where the medical examinations are conducted during working hours, the

employee retains the right to remuneration for the period of not performing work and

when it is necessary to travel to another locality for such examinations he is entitled to

reimbursement of the travel costs.

Where the employee is exposed to carcinogenic substances and factors during his

employment, the employer has the duty to ensure medical examinations, even after the

contact has stopped and also, on demand of the one concerned, after the termination of

employment.

The medical examinations are conducted at the expense of the employer.

In the event that symptoms of an occupational disease have been determined, the

employer is required to transfer the employee to another work at which he would not be

exposed to the action of the factor causing those symptoms. If such a transfer results in

a decrease in remuneration then the employee is entitled to an equalising allowance for a

period not exceeding 6 months. To such an allowance are also entitled employees who

have been transferred to other posts as a result of an accident at work.

The protection of employees’ health consists not only of medical examinations abut also

of the entire system of preventive measures.

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The scope of employee preventive health care covers in particular:

1) conducting medical examinations;

2) examinations and tests in the case of the occurrence of an occupational disease

with the aim of early diagnosis of any health changes in employees employed in

conditions of dangerous factors which lead to an occupational disease;

3) training employees in the scope of protection against hazards and the possibilities

of limiting occupational risk which is related to the performed work.

Under Art. 229 § 6 of the Labour Code the employer covers the costs of employee

preventive health care which is indispensable because of the working conditions.

Within the aforementioned activities the employer has the duty to inform employees of

the occupational risk involved in the work performed and of the rules of protection from

hazards. This duty should be fulfilled during OSH training.

If the working conditions in the enterprise are harmful, which has been confirmed by

measurements demonstrating excess in the allowable standards, then the employer

should undertake efforts to eliminate these.

Under Art. 232 of the Labour Code the employer is obliged to ensure for the employees

who are employed in particularly difficult conditions free meals and drinks, if this is

indispensable for preventive reasons.

The kinds of such meals and drinks, the requirements which should be fulfilled, as well as

the cases and conditions of their provision, are described in the Regulation of the Council

of Minister Preventive meals and drinks are provided to employees on the days when it is

justified by the nature of the performed work.

The employees are not entitled to a monetary equivalent for such meals and drinks.

In each enterprise the employer is required to ensure appropriate hygienic-sanitary

facilities and to provide necessary means for the provision of first aid in case of an

accident.

7. ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES

Despite the employer taking many preventive measures, employees are subject to

accidents at work.

Under the provisions of Art. 211 § 6 of the Labour Code a basic duty of an employee is,

among others, to inform immediately the superior of a noticed accident in the enterprise

or of a risk to life or health, and to warn the co-employees as well as other people

present in the dangerous area about the hazard.

A similar duty as regards accident notification results from the provisions of the

Regulation of the Council of Ministers on determination of the circumstances and reasons

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of the accidents at work, and their documentation and the scope of information in the

register of accidents at work. Each employee who has suffered from an accident, if his

state of health allows him, should inform his superior about the event.

Summing up, the duty of informing the employer of the work accident rests equally on

the employee who suffered from the accident and on the witness of the accident.

Legal issues related to the definitions of an accident at work and occupational disease as

well as with compensation benefits are regulated by the provisions on social insurance

against accidents at work and occupational diseases.

Under Art. 3 of the above mentioned act an accident at work is a sudden event caused by

an external factor, resulting in death or injury, which occurred in relation to work:

1) during or in connection with the performance by the employee of regular activities

or orders of superiors;

2) during or in connection with the performance by the employee of activities for the

benefit of the employer even without an order;

3) at the time when the employee is at the employer’s disposal, on the way between

the employer’s premises and the place of performance of the duty resulting from

the employment relationship.

In terms of the right to benefits, accidents treated equally as the accident at work are

any other accidents which occurred:

1) during a business trip in circumstances, save where the accident was caused by

the employee’s behaviour which was not related to the performance of the

assigned tasks;

2) during training in public self-defence;

3) at the time of performing tasks ordered by professional organisations (trade

unions) active in the employer’s premises.

The provisions of the above mentioned act have additionally introduced the conception of

thirteen different accidents at work for certain kinds of persons e.g. those hired on the

civil-law contract basis, practising sports in certain circumstances, employers, members

of the parliament.

The employer is liable for accidents at work on the risk basis. This means that virtually all

events occurring in the workplace are accidents at work.

If from the circumstances of the accident it results that the employee was drunk, the

employer or relevant body sends the employee for examination necessary for

establishing the alcohol content in the employee’s body. The employee must submit to

such an examination. Refusal to submit to the examination will be evaluated during the

procedure of establishing the circumstances and causes of the accident, taking into

account all the circumstances of the case.

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A state of intoxication does not at all determine that the event from which the employee

suffered is not an accident at work. The employee may, however, be deprived of

compensation benefits where the examination of the causes of the accident shows that

the exclusive cause of the accident at work was, proven by the employer, an infringement

by the employee of the provisions regarding the protection of life and health, which was

caused by him intentionally or as a result of gross negligence. Accident damages are not

due either to the employee who in the state of intoxication with alcohol, drugs or

psychotropic substances contributed to a significant degree to the work accident.

However, regardless of the circumstances, the family of a deceased employee may not be

deprived of the benefits if the event from which the employee suffered was recognised as

an accident at work.

Compensation benefits are paid out upon the application of the injured party or his

family.

In case of a work accident the employer is obliged to undertake necessary efforts

eliminating or limiting the danger, ensure the provision of first aid to the injured people

and establish, in the way as legally regulated, the circumstances and causes of the

accident.

The causes of the accident must be established obligatorily, the injured party's initiative

is not necessary. Relevant procedures may be started upon the notification of such an

accident by the injured party or otherwise received.

The circumstances and causes of the accident are included in a post-accident report

prepared by the team. Responsibilities of such a team include in particular description of

the circumstances of the accident, establishing the causes of the accident, classifying the

situation as the accident at work, establishing whether any factors occured which could

deprive the employee of the right to compensation and benefits on account of an

accident at work. If the report states that the accident was not an accident at work or

that there are circumstances affecting the employee's right to compensation and benefits

on account of accident at work, then such a statement will require a detailed justification

and provision of evidence for such a statement.

Art. 234 § 2 of the Labour Code imposes on the employer the duty to notify without

delay the appropriate labour inspector and prosecutor of a fatal, serious or collective

accident at work, and of any other accident which had any of the afore-mentioned results

and which was related to work, if it can be recognised as a work accident.

As notification without delay it should be understood the time which is necessary for

conveying the information about the accident, from the moment when the employer

received the information about the accident and a preliminary description of its effects.

The employer is obliged to keep a register of accidents at work for the period of 10 years

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Similarly, the employer should immediately report to the proper unit of the National

Sanitary Inspection and the Labour Inspector about each case of a diagnosed

occupational disease or the suspicion of such disease. In case when the diagnosed

employee’s occupational disease is confirmed, the employer is obliged to establish the

causes of its occurrence, immediately take steps to remove the factors causing the

disease or apply necessary preventive measures and follow the doctor’s

recommendations. As occupational diseases which entitle to compensation benefits are

considered to be the diseases contained in the Regulation of the Council of Ministers of

30 June 2009 on occupational diseases (Official Journal of 2013, item 1367).

8. TRAINING OF EMPLOYEES

The provisions of the Labour code unambiguously forbid to employ any employee without

the required qualifications and skills or sufficient knowledge of the occupational safety

and health regulations and principles.

The employer is required to ensure training of the employee in the area of OSH before

permitting him to work and to arrange for periodic training in this field. Such training

takes place during the working hours and at the expense of the employer.

Similarly, the employer is obliged to acquaint the employees with the occupational safety

and health regulations concerning the work performed by them as well as issue detailed

instructions and directions regarding OSH.

The employee should confirm in writing the fact of having taken the training.

The mode and rules of training employees in the field of OSH are established in the

Regulation of the Minister of Economy and Labour on training in the field of OSH Under

the above mentioned provision training activity in the field of OSH is conducted by

employers and – on their order – also by organisational units which are authorised for

such activity.

However, the training of employers may only be conducted by authorised training

organisations.

The training in the field of OSH is conducted as:

1) preliminary training;

2) periodic training.

Preliminary training takes the form of an instruction according to programmes specifically

established for individual workstations. Such programmes ought to be based on the

framework programmes set out in the above mentioned provisions as well as the specific

situation of the workplace. Preliminary training includes:

– general preliminary training (general instruction),

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– preliminary training at the workstation (post instruction).

Preliminary training, both general and post-oriented, concerns as a rule all employees. An

employee working at several workstations should be trained for all such workstations.

Periodic training aims at updating and consolidating the knowledge in the field of OSH as

well as at familiarising the employees with recent regulations and technical and

organisational solutions. This kind of training also concerns all employees. Periodical

training should be repeated every 1-6 years depending on the type of work, hazards and

strains involved.

A minimum training period has been set out in the order and may not be shorter than

between several and several tens of hours depending on the type of work and kind of

training.

Additionally there are some specific Regulations on the qualification requirements for :

- persons employed in the operation of devices, installations and grids concerning

persons employed at managerial posts, supervision and maintenance.

- drivers using engine-driven carriage mounted drivers of vehicles transporting

dangerous material - operators of construction vehicles.

9. WORKING CLOTHES AND PERSONAL PROTECTIVE EQUIPMENT

The duty of ensuring safe working conditions means also the necessity to equip the

employees with the free of charge clothes and footwear. The duty of providing clothes

relates to those employees whose own clothes could be destroyed or get very dirty

because of the work conditions and also because of technological, sanitary or the

occupational safety and health requirements.

In certain justified cases the employer may establish posts where it is allowed for the

employees, who have consented to it, to use their own working clothes and footwear

which meet the requirements of OSH.

The employer is obliged to equip the employees with free of charge personal protective

equipment, protecting against dangerous and hazardous factors occurring in the working

environment.

The work clothes and shoes, which are provided to the employees, should fulfil the Polish

Technical Standards requirements and in case of personal protective equipment have the

required certificate of safety mark.

The kinds of personal protective equipment and work clothes and footwear as well as the

expected period of use of the clothes and shoes is established by the employer in

agreement with the trade unions, and where there are no trade unions in agreement with

the employee representatives selected by the staff.

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The personal protective equipment and work clothes and footwear are the employer’s

property.

The employer may not permit to work an employee without the personal protective

equipment, working clothes or footwear as specified in the enterprise norms.

Further, the employer has the duty to ensure the washing, maintenance, fixing, de-

dusting and disinfecting clothes and personal protective equipment.

An employee who, with his consent and in accordance with the binding provisions, wears

his own work clothes or washes them himself is entitled to a monetary equivalent in the

amount of the costs incurred.

10. OCCUPATIONAL SAFETY AND HEALTH SERVICE

An employer bears the responsibility for the state of working conditions existing in

the enterprise. The employer realises the duties in this area with the assistance of many

internal services.

A particular role in this area is that of the occupational safety and health service.

Such a service should be created if the level of employment exceeds 100 employees. If

the employer – with the level of employment not exceeding 100 employees – does not

set up such service, then the duties of such service should be performed by an employee

employed at a different postion. The employer, after obtaining the qualifications required

from an OSH service, may himself perform the duties of such a service if:

- he employs not more than 10 employees,

- he employs not more than 20 empoyees and his core activity belongs to a group

which has not been assigned higher than at the 3rd category of risk defined by the law on

social insurance on accont of accidents at work and occupational diseases.

Having no competent employees at his disposal the employer may entrust the duties of

an OSH service to an external specialists. An OSH service member, an employee

employed at a different post performing the OSH service duties as well as an external

specialist must be adequately qualified to perform OSH service duties and complete

training in the area of occupational safety and health for members of such service.

The duties of an OSH service include in particular:

1) monitoring the state of working conditions and preparation of relevant

recommendations and conclusions;

2) preparation of periodic analysis of the state of occupational safety and health at

least once a year;

3) participation in the preparation of plans for the modernisation and development of

the enterprise;

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4) participation in the training of newly hired employees;

5) participation in the preparation of internal orders, rules and instructions regarding

occupational safety;

6) participation in establishing the circumstances and causes of work accidents;

7) running documentation regarding working conditions and registers of accidents

at work;

8) co-operation with the health service and authorities inspecting and supervising

working conditions;

9) taking other actions aiming at observance of the provisions and rules of

occupational safety and health in the enterprise.

The detailed area of activities, competence, duties and qualifications of the OSH service

has been laid down in the Regulation of the Council of Ministers on the OSH service

Under the above-mentioned regulation the number of employees of the OSH service is

established by the employer, on the basis of the provisions of the regulation, taking into

consideration the number of employees, the working conditions existing in the enterprise

as well as the occupational hazards involved.

The OSH service employees must have specific qualifications as defined in the above

mentioned regulation of the Council of Ministers.

11. CONSULTATION ON OCCUPATIONAL HEALTH AND SAFETY.

OCCUPATIONAL SAFETY AND HEALTH COMMITTEE

One of the elementary duties of the employer as defined in Art. 23712 of the Labour

Code, is to establish in the enterprise an occupational safety and health committee.

Each employer, regardless of the kind of conducted activity, who employs more than 250

employees is obliged to establish an occupational safety and health committee.

The committee is an advisory and opinion giving organ to the employer. The committee

consists of: the employer, a representative of employees, OSH service member, the

doctor responsible for the employee health care, as well as other people whose function

in the enterprise is essentially related to occupational safety and health.

The creation of the OSH committee should be documented by the employer by issuing a

relevant ordinance, decision or a similar document.

The task of the committee is to undertake periodical reviews of the working conditions,

assess the state of occupational safety and health, provide opinions and regards to the

preventive measures taken by the employer against the work accidents and occupational

diseases, formulate motions to improve working conditions, and co-operate with the

employer to perform duties in the field of OSH.

Moreover, under Art. 23711a of the Labour Code the employer is obliged to consult the

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employees or their representatives on any actions relating to occupational safety and

health including in particular:

1) changes in the organisation of work and equipment at workstations, introduction

of new technological processes, substances and chemical preparations, where

such may present danger to the health or life of the employees;

2) assessment of risk related to performed specific jobs and informing the employees

of such risk;

3) creation of the OSH service, entrusting other people with duties of such service

and assigning the employees to provide first aid;

4) distribution of personal protective equipment, working clothes and footwear to

employees;

5) training the employees in the filed of OSH.

Employees or their representatives may present their suggestions how to eliminate or

limit occupational risks to the employer.

The employer must provide satisfactory conditions for consultation, in particular ensures

that it takes place within the hours of work. The employees retain the right to

remuneration for the time off work spent while consulting.

12. LIABILITY FOR NON-COMPLIANCE WITH LABOUR LAW

REGULATIONS

An infringement by the employee of the occupational safety and health regulations may

constitute the basis for the imposition of one of the disciplinary penalties (also called the

“Works Rules penalties”) as stipulated in Art. 108 of the Labour Code. The catalogue of

disciplinary penalties comprises the following:

1) rebuke;

2) reprimand;

3) fine.

The upper limit of the fine for one fault may not exceed a daily remuneration of the

employee, while the combined fine penalties may not exceed a one-tenth of the full

remuneration to which the employee is entitled after the deduction of advance payments

or the amounts due under an executive order of the court.

The penalty may not be imposed after 2 weeks following the time when the employer

obtained the information about the infringement of an employee's duty, or after 3 months

of the time of the infringement.

The infringement of the employees’ rights stemming from the employment relationship,

from the social insurance provisions or from provisions on occupational safety and health

may constitute a misdemeanour or offence.

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An offence by an employee holding a managerial post as well as the employer may be

subject to penal-administrative liability.

Under the Code of Misdemeanours a misdemeanour is a human act which is socially

harmful, illegal, blameworthy and subject to penalties by the law in force at the time it

was committed.

The Labour Code lists a catalogue of acts whose infringement constitutes a

misdemeanour.

Art. 283 of the Labour Code states that if the person who is responsible for the state of

occupational safety and health in the enterprise or who manages employees fails to

observe the occupational safety and health provisions or rules, then he or she is subject

to a fine penalty in the amount of PLN 1000 up to PLN 30 000 Subject to the same

penalty is, among others, a person who failed to notify the labour inspector and the

sanitary inspection inspector of the place, type and scope of conducted activities, or has

failed to notify the labour inspector and prosecutor of a serious, fatal or collective work

accident, or has failed to obey orders of the labour inspector, or hinders the operations of

the National Labour inspection organs.

In addition to such means as inspection, supervision, instruction and advisory services by

the state organs there is also adjudication in case of misdemeanours against the rights of

employees. All these means guarantee the protective role of the labour law and secure

the rule of law in the area of labour relations.

The basic material provisions of the law which define the acts constituting

misdemeanours are contained in Articles 281-283 of the Labour Code.

The range of persons responsible for the above-mentioned misdemeanours has been

differentiated by means of the appropriate statutory formulations. It may be e.g. the

employer, a manager or, in the event of hindering the activities of the labour inspector,

any other person who actually has hindered such activities.

The acts deemed as misdemeanours under Art. 281 of the Labour Code may be

committed either by the employer or any other person acting on his behalf. The

misdemeanours are as follows:

1) concluding a civil-law contract in conditions where, under Art. 22 § 1 of the Labour

Code, an employment contract should be concluded;

2) failure to confirm in writing the fact of entering into an employment contract with

the employee;

3) giving notice or terminating employment without notice in a manner grossly

infringing the provisions of the labour law;

4) imposing on employees penalties other than those specified in the labour law

provisions regarding disciplinary regulations;

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5) infringement of provisions on: working hours, protection of the work of women

and the employment of minors;

6) failure to maintain documentation in matters connected with the employment

relationship and personal employee files.

7) the misdemeanours under Art. 282 of the Labour Code are the following:

8) failure to pay the remuneration or other benefits to which the employee or his

family member is entitled in due time or unjustified deductions from the

remuneration or benefit;

9) failure to admit vacation rest to which an employee is entitled or any unjustified

reduction of its duration;

10) failure to provide the employee with an employment certificate;

11) failure to execute a binding labour court adjudication or an agreement concluded

before a conciliatory committee or a labour court.

Hence, apart from the liability for a misdemeanour involving an infringement of any

orders or prohibitions resulting from the legal provisions or occupational safety and

health regulations (Art. 283 § 1 and 2), the law-maker has provided with a “particular

protection” the infringement of the above-mentioned provisions of the labour law.

Apart from misdemeanours certain other acts are subject to criminal liability. The

offences against the rights of persons performing paid work are listed in Articles 218-221

of the act of 6 June 1997 – the Penal Code (PC) (Official Journal of Laws No. 88, item

553, correction in Official Journal of Laws No. 128, item 840; as amended).

The Penal Code provides for criminal liability for the following acts:

1) malicious or persistent infringement of employees’ rights within the

relationship of employment or social insurance;

2) rejection to re-admit an employee to work who was restored by the

competent court’s decision;

3) infringement of the social insurance regulations by failing to submit, even

with the consent of the interested party, the required data or by submitting untrue

data thus affecting the right to the benefits or their amount;

4) exposing the employee to a direct danger of loss of life or a serious harm

to health;

5) failure to notify the relevant organ within the proper time limit of an

accident at work or of an occupational disease, or failure to prepare or present the

documentation in this area.

Depending on the offence committed, the following forms of punishment may be

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imposed: a fine, limitation of liberty or imprisonment of up to 3 years. In the case of

infringing Art. 221 of the Penal Code regarding the failure to notify the relevant organ of

an accident at work or an occupational disease or the failure to prepare or present the

required documentation, the party found guilty is subject to a fine of up to 180 daily

rates or limitation of liberty.

The court in imposing the above-mentioned penalty fine and in establishing the daily rate

takes into account the income of the offender and similar matters. The amount of the

daily rate may not be lower than PLN 10 nor may it exceed PLN 2000 (Art. 33 of the

Penal Code).

The new Criminal Code has established legal protection of a labour inspector’s official

functions. Under Art. 225 § 2 whoever hinders or makes impossible the official activities

of the person authorised for monitoring within the scope of labour inspection or a person

chosen to help him, is subject to punishment in the form of imprisonment of up to 3

years. It should be emphasised that the authorised person performing the controlling

activities may also be the member of the labour inspection who has been authorised by

the Chief or District Labour Inspector to participate in these activities.

Furthermore, the employer must also take into account the civil liability which most often

is connected with the claim for compensation benefits made by the employee for the

damage suffered due to the fault of the enterprise as a result of a work accident or an

occupational disease. From 2006 on the employer will have to bear the costs related to

the level of occupational risk and its effects (differentiated insurance contribution).

In providing you with this material which highlights the basic problems regarding work

protection, duties, and responsibilities of employers, managerial staff and other persons

responsible for the state of working conditions and the observance of the labour law, we

are convinced that it will serve you as a supplement to the inform.