5. wypadki 47

Szkolenie okresowe BHPSzkolenie okresowe BHPBasic and periodic trainingBasic and periodic training

Szkolenie okresowe BHPSzkolenie okresowe BHPBasic and periodic trainingBasic and periodic training 22

Topics

1. Accident at work;

2. Kinds of accidents;

3. Obligations of the victim and the employer in

case o fan accident;

4. Post-accident procedures;

5. Benefis for accidents at work

6. Causes of accidents at work.


An accident at work is a sudden

incident caused by an external factor,

leading to injury or death, which took

place in relation to work.

DEFINITIONDEFINITION DEFINITIONDEFINITION

Accident at work


For an accident to be considered an accident at work four conditions need to be fulfilled simultaneously:

1. Immediacy of the happening

2. External cause

3. Injury or death

4. Connection with work

ELEMENTS OF ACCIDENTS AT ELEMENTS OF ACCIDENTS AT WORKWORKELEMENTS OF ACCIDENTS AT ELEMENTS OF ACCIDENTS AT WORKWORK

Accident at work


Immediacy of the happening means that it is sudden and unexpected. It is also connected with time framing in which it takes place.

It is considered that a happening is sudden when it lasts no

longer than one work-day.

IMMEDIACY OF THE HAPPENING

Accident at work



A happening is considered an accident at work only if it took place as a result of operation of external causes, i.e. those

originating outside the victim’s body, such as: temperature operation (e.g. burns, scaldings and chilblains),operation of elements of moving machines, mechanical devices, work tools,

operation of electricity,operation of chemical substances,physical effort (e.g. load carrying/ lifting), tripping or fainting because of an external cause.

EXTERNAL CAUSE

Accident at work



An injury of body tissues or organs of a person as a result of an external cause (skin cut, limb fracture, amputation, tearing

off a limb etc.).

INJURY OR DEATH

Accident at work



There is a relation between an accident and work when the happening takes place at work.

Work itself does not have to be a direct cause of a detriment to worker’s health.

RELATION TO WORK

Accident at work



Breaking the relation to work takes place when the worker is performing activities considered his/ her private sphere.

BREAKING THE RELATION TO WORK

There is no question about breaking the relation to work while the worker is taking a break during work (to

which he/ she has the right) as well as during travelling from the premises to the place of performing

work.

Accident at work



Kinds of accidents;

A serious accident at work;

A collective accident at work;

A fatal accident at work;

An accident equal to the accident at work;

An accident on the way to or from work.


A SERIOUS ACCIDENT AT WORKA SERIOUS ACCIDENT AT WORK A SERIOUS ACCIDENT AT WORKA SERIOUS ACCIDENT AT WORK

A serious accident at work is an accident in the result of which a serious body injury followed. Serious body injuries include:

loss of sight, hearing, speech, reproductive abilities,

other body injuries or health disorders which disturb or violate basic functions of the body,

incurable or life-threatening disease,

permanent mental illness,

complete or partial inability to practise profession,

considerable disfiguration of the body.

Kinds of accidents;


A COLLECTIVE ACCIDENT AT WORKA COLLECTIVE ACCIDENT AT WORK A COLLECTIVE ACCIDENT AT WORKA COLLECTIVE ACCIDENT AT WORK

It is an accident at work in the result of which at least two people suffered.

Kinds of accidents;


A FATAL ACCIDENT AT WORKA FATAL ACCIDENT AT WORK A FATAL ACCIDENT AT WORKA FATAL ACCIDENT AT WORK

A fatality at work is an accident in the result of which death followed, in the period of no more than 6 months from the day

of the accident.

Kinds of accidents;


A typical example is an accident during a business trip

AN ACCIDENT EQUAL TO THE ACCIDENT AN ACCIDENT EQUAL TO THE ACCIDENT AT WORKAT WORKAN ACCIDENT EQUAL TO THE ACCIDENT AN ACCIDENT EQUAL TO THE ACCIDENT AT WORKAT WORK

It is not an accident at work, but rather, in scope of the right to receive benefits and the procedure of determining

circumstances and causes of it treated as an accident at work

Kinds of accidents;


AN ACCIDENT ON THE WAY TO AN ACCIDENT ON THE WAY TO OR FROM WORKOR FROM WORKAN ACCIDENT ON THE WAY TO AN ACCIDENT ON THE WAY TO OR FROM WORKOR FROM WORK

An accident on the way to or from work is a happening:

sudden,

incurred by an external cause,

which took place on the way to or from the workplace or the place of performing another activity, if the way was the shortest and was not interrupted.

Kinds of accidents;


An accident is also considered an accident on the way to and

from work during a break on the way to and from work if the break

was justified for the life-safety reasons and the time of this break

was no longer than necessary, and also when the way not being

the shortest, was the most convenient for the insured for reasons

connected with communication.

Kinds of accidents;

AN ACCIDENT ON THE WAY TO AN ACCIDENT ON THE WAY TO OR FROM WORKOR FROM WORKAN ACCIDENT ON THE WAY TO AN ACCIDENT ON THE WAY TO OR FROM WORKOR FROM WORK


Obligations of the victim and the employer in case of an accident

VICTIM’S OBLIGATIONVICTIM’S OBLIGATION VICTIM’S OBLIGATIONVICTIM’S OBLIGATION

The worker, who has had an accident is obliged to immediately

notify his/ her supervisor about the accident. Of course, if only his

health condition allows for that.

REMEMBER!


EMPLOYER’S OBLIGATIONEMPLOYER’S OBLIGATION EMPLOYER’S OBLIGATIONEMPLOYER’S OBLIGATION

To secure the place of the accident until the circumstances and

causes of the accident are determined

REMEMBER!



1. To take appropriate actions to remove or reduce the threat,

2. To ensure that the victim(s) are provided with the first aid,

3. To take appropriate measures to prevent similar accidents in the future,

4. To immediately notify a proper organ of the National Sanitary Inspectorate and the proper labour inspector about a fatality, a serious or collective accident at work,

5. To methodically analyze causes of accidents at work and based on these analyses, use proper preventive measures,

6. Determine the circumstances and causes of the accident,


EMPLOYER’S OBLIGATIONEMPLOYER’S OBLIGATION EMPLOYER’S OBLIGATIONEMPLOYER’S OBLIGATION


Post-accident procedure

COMPOSITION OF THE POST-COMPOSITION OF THE POST-ACCIDENT COMMITTEEACCIDENT COMMITTEECOMPOSITION OF THE POST-COMPOSITION OF THE POST-ACCIDENT COMMITTEEACCIDENT COMMITTEE

A post-accident committee should always be composed of 2 persons:

A worker of the occupational health and

safety service,

A representative of the employees.


In the workplace of an employer who, in accordance with art. 237 § 1 LC is not obliged to create an occupational health and safety service, the composition of the post-accident committee should include, instead of the worker of the occupational health and safety service, the employer or a worker employed at different work, but who was designated by the employer to perform tasks of the occupational health and safety service, or a specialist from outside the company.




If the employer is unable to carry out his/ her duty to create a

post-accident committee composed of two persons because

of a very small number of employees, then the circumstances

and causes of an accident are determined by a post-accident

committee composed of the employer and a specialist from

outside the company




Obligations of the post-accident committeeObligations of the post-accident committeeObligations of the post-accident committeeObligations of the post-accident committee

The post-accident committee is obliged to determine the circumstances and causes of an accident, i.e.:

To carry out an examination of the place of accident and of the technical condition of devices,

To analyze the conditions of performing work and other circumstances which may have had any influence on the accident,

To hear explanations of the victim,

To gather information from witnesses of the accident,

If necessary, to consult a physician or other specialists,

To determine the kind of the accident and formulate conclusions and suggest preventive measures, adequate to the determined causes and circumstances of the accident.



POST-ACCIDENT REPORTPOST-ACCIDENT REPORT POST-ACCIDENT REPORTPOST-ACCIDENT REPORT

Following the determination of circumstances and causes of an accident, the post-accident committee prepares, within 14 days from receiving the information about the accident, a post-accident report. The period of time may be prolonged only if there are some significant reasons which make meeting the deadline impossible.



The post-accident committee is obliged to introduce the injured worker with the content of the report before it is

approved.

The injured worker has the right to submit his/ her comments and objections to the findings and decisions included in the report, however, the committee is obliged to inform him/ her.




Post-accident report must be authorized by the employer, immediately after it has been prepared, no later than within

5 days after its preparation.




The authorized post-accident report must be promptly delivered to the injured worker instructing him/ her about

the way and course of appeal.

The post-accident report in case of a fatality, serious and collective accident must be immediately delivered by the employer to the appropriate local organ of the National

Labour Inspectorate.




Post-accident report, together with other post-accident documentation must be stored by the employer for the period of 10 years.




ATTACHEMENTS TO THE REPORTATTACHEMENTS TO THE REPORT ATTACHEMENTS TO THE REPORTATTACHEMENTS TO THE REPORT

1. Victim’s explanations,

2. Information obtained from witnesses,

3. Other documents collected during establishing cinrcumstances and causes of the accidents (e.g. written opinion of a physician, written opinion of experts, drawings or photos),

4. Alternatively an opinion submitted by a member of the post-accident committee,

5. Comments and reservations of the victim (if submitted).



Ensure the realization of doctor’s orders

Keep the record of cases of occupational diseases and suspicion of such diseases

Immediately notify a proper organ of theNational Sanitary Inspectorate and the proper labour inspector about any case of a recognized occupational disease or of suspicion of such disease.

Systematically analyze causes of occupational diseases and other diseases connected with conditions of the work environment and, based on the results of these analyses, take

appropriate preventive measures

Establish causes of the occupational disease and its character as well as the scope of threat of this disease, while acting in agreement with the proper organ of the National Sanitary Inspectorate

Immediately take appropriate measures to remove factors which caused development of the disease

THE EMPLOYER SHOULD

Obligations of the employer in case of an occupational disease


WHEN AN OCCUPATIONAL DISEASE IS EITHER DIAGNOSED IN A WORKER OR THERE IS SUSPICION OF

SUCH DISEASE, THE EMPLOYER IS OBLIGED TO TRANSFER THE WORKER

TO OTHER WORK WHERE HE/ SHE WILL NOT BE THREATENED BY THE FACTOR.

Obligations of the employer in case of an occupational disease


1. Poisonings 2. Metal fume fever 3. Pneumoconiosis 4. Diseases caused by asbestos dust 5. Chronic bronchitis 6. Bronchial asthma 7. Allergic infection of pulmonary alveoluses8. Acute allergies 9. Byssinosis 10. Berylliosis 11. Lung diseases caused by hard metal dusts12. Allergy-related laryngitis 13. Allergic rhinitis 14. Septal perforation caused by caustic chemical fumes15. Chronic diseases of the voice organ caused by an excessive voice

effort 16. Diseases caused by ionizing radiation

Occupational diseases


17. Malignant tumours caused by operation of the work environment factors

18. Dermal diseases 19. Chronic diseases of the movement system caused by the way of

performing work 20. Chronic diseases of the peripheral nervous system21. Permanent bilateral hearing loss caused by noise 22. Vibration syndrome 23. Decompression sickness 24. Diseases caused by work in the conditions of the raised

atmospheric pressure 25. Diseases caused by operation of high or low ambient temperatures26. Diseases of the optical system caused by physical, chemical or

biological factors

Occupational diseases


For the insured, whose inability to work was caused by an accident at work or an occupational disease; granted to the

amount of 100% of the assessment base, which comprises of the amount of money which is the basis of accident insurance

premiums (max. 6 months).

SICK BENEFITSICK BENEFIT SICK BENEFITSICK BENEFIT

Provisions in case of accidents at work and occupational diseases


For the insured who, after the sick benefit has been used up, is still unable to work and further medical treatment or

rehabilitation holds promise for regaining ability to work (max. 12 months).

REHABILITATIVE PENSIONREHABILITATIVE PENSION REHABILITATIVE PENSIONREHABILITATIVE PENSION



For the insured who is a worker whose salary has been lowered as a result of a permanent or long-lasting damage to health.

COMPENSATORY BENEFITCOMPENSATORY BENEFIT COMPENSATORY BENEFITCOMPENSATORY BENEFIT



For the insured who, as a result of an accident at work or occupational disease suffered a permanent or long-lasting

damage to health.

A ONE-TIME COMPENSATIONA ONE-TIME COMPENSATION A ONE-TIME COMPENSATIONA ONE-TIME COMPENSATION



For the insured who has become unable to work as a result of an accident at work or an occupational disease.

DISABILITY PENSIONDISABILITY PENSION DISABILITY PENSIONDISABILITY PENSION



For the insured who has been decided to be retrained in order to

perform different work because of his/ her inability to work in the

former profession as a result of an accident at work or an

occupational disease.

TRAINING PENSIONTRAINING PENSION TRAINING PENSIONTRAINING PENSION



For members of family of the deceased or the pensioner entitled

to the disability pension as a result of an accident at work or an

occupational disease.

FAMILY PENSIONFAMILY PENSION FAMILY PENSIONFAMILY PENSION



Provisions from the accident insurance are not vested:

if the sole cause of the accident was proved violation of rules concerning life and health protection by the insured, and if he/ she violated the rules deliberately or through his/ her own gross negligence.

when a worker, being intoxicated with alcohol or drugs, for example psychotropic drugs, him-/ herself and to a considerable degree contributed to the accident at work.

REMEMBER!

EXCLUSION OF THE RIGHT TO EXCLUSION OF THE RIGHT TO COMPENSATIONSCOMPENSATIONSEXCLUSION OF THE RIGHT TO EXCLUSION OF THE RIGHT TO COMPENSATIONSCOMPENSATIONS



From 01 April 2013 to 31 March 2014 one-time compensations in case of an accident at work or occupational disease equal:

704 zł704 zł – for each percentage of permanent or long-lasting damage to health,

12326 zł12326 zł – in case of the medical certificate of complete inability to work or to unassisted existence of

the insured person.

THE AMOUNT OF ONE-TIME THE AMOUNT OF ONE-TIME COMPENSATIONSCOMPENSATIONSTHE AMOUNT OF ONE-TIME THE AMOUNT OF ONE-TIME COMPENSATIONSCOMPENSATIONS



Technical (T)

Organizational (O)

Human (H)

Classification of causes or accidents according to TOH taxonomy

Causes of accidents at work


1. Designing defect of the machinery or mechanical devices and tools,

2. Inappropriate use of the material factors,

excessive use of the material factor

inadequate maintenance

inappropriate service and repairs

TECHNICAL CAUSESTECHNICAL CAUSES TECHNICAL CAUSESTECHNICAL CAUSES



1. Improper general organization of work, e.g.:

tolerating, by supervisors, violation of the

occupational health and safety rules and

regulations,

inappropriate commands of supervisors,

lack of supervision,

2. Improper organization of the workstation, e.g.:

improper layout of devices at the workstation,

inappropriate access to and passages between

workstations,

the lack of inappropriate choice of individual

protectors.

ORGANIZATIONAL CAUSESORGANIZATIONAL CAUSES ORGANIZATIONAL CAUSESORGANIZATIONAL CAUSES



1. Not using the means of individual protection by a worker,2. Inappropriate and wilful behaviour of a worker, e.g.:

Entering an unsafe area on foot or by car without making sure that there is no danger,

Too fast driving, 3. Inappropriate behaviour of the worker caused by:

The lack of knowledge of the rules and regulation of occupational health and safety rules,

The lack of experience,Ignoring orders of the supervisor (s),Insufficient attention concentration

HUMAN-RELATED CAUAESHUMAN-RELATED CAUAES HUMAN-RELATED CAUAESHUMAN-RELATED CAUAES


Technology

5. wypadki 47