Information for employee

Both the examinations and the training course will be provided by the employer. They will be repeated periodically throughout the employment relationship. If possible, periodic medical examinations and check-ups shall be performed during working hours. Workers will retain the right to remuneration for the time not worked in connection with examinations, and if they need to travel to another location for these examinations, they are entitled to reimbursement of their travel expenses in accordance with rules applicable to business travel.

Working conditions and equipment

The worker has the right to healthy and safe working conditions, i.e. the right to work in conditions compliant with applicable rules, including ergonomics principles and specific standards (e.g. noise, lighting, lifting standards). The employer provides all equipment necessary to perform the work. The technical condition of the premises, equipment provided and other devices must be such that
work can be performed safely. Depending on the type of work and working conditions, the worker is entitled, in certain cases, to
receive working clothes, personal protective equipment and supportive meals and beverages free of charge.

Special health protection

IMPORTANT! Specific OHS rules are in force concerning the rights of adolescent workers, disabled workers, pregnant and breastfeeding women.

Procedure to be followed in dangerous situations

IMPORTANT! The supervisor must be notified immediately of an accident or threat to human life or health noticed in the workplace, and co-workers and other persons in the immediate area must be warned about the danger. If the working conditions do not comply with OHS rules or pose an immediate risk to the worker’s life or health or if the work performed poses such a threat to other persons, the worker may refrain from working (or move away from the place where he works if refraining from work does not eliminate the risk), immediately notifying the supervisor accordingly.

After notifying the supervisor, the worker has the right to refrain from work that requires special physical and mental fitness in the event that his physical and mental state does not ensure safe work performance and poses a risk to others. Relevant provisions set out the procedures to be followed if an accident at work (and on the way to/from work) occurs and if an occupational disease is suspected.

Responsibilities of the worker

IMPORTANT! The main responsibility of the worker is to comply with occupational health and safety provisions and rules.
In particular, the worker is required to:

• be familiar with OHS provisions, participate in training courses and follow instructions in this field,
• perform work in compliance with OHS regulations,
• follow the instructions and guidance of his supervisor in the field of OHS,
• maintain all machines, devices, tools and equipment in proper condition,
• keep the workplace clean and tidy,
• use collective protective equipment,
• use the provided personal protective equipment, working clothes and shoes in accordance with
• their intended purpose,
• undergo pre-employment medical examinations, periodic medical examinations and check-ups,
• immediately notify his supervisor of an accident or a threat to human health noticed in the
• workplace and warn co-workers and other persons in the immediate area about the danger,
• work together with his employer and supervisor in fulfilling the occupational health and safety
• responsibilities.

 

Information for the employer

The employer is responsible for occupational health and safety at the company. He should organise work in a healthy and safe manner and ensure compliance with OHS regulations. While the information provided below applies to all sectors of the economy, specific OHP rules may apply depending on the type of activity.

Risk assessment and protection measures against hazards

The employer’s primary responsibility in the field of OHS is to perform an occupational risk assessment. This means that the employer must, by himself or with the assistance of experts, identify hazards to workers’ lives and health, taking into account, inter alia, mechanical, physical, chemical and biological agents occurring or likely to occur at individual work positions. The employer must also try to eliminate these agents, and if this is not possible, determine how to reduce the occupational risk associated with them. The occupational risk assessment should be documented and periodically updated. It may be performed using any method – relevant guidelines have been described on, inter alia, the websites of the National Labour Inspectorate (Państwowa Inspekcja Pracy) and the Central Institute for Labour Protection – National Research Institute (Centralny Instytut Ochrony Pracy – Państwowy Instytut Badawczy). Based on the risk assessment performed, the employer should introduce measures to eliminate the risks. If this is not possible, he should reorganise the work process, put in place preventive measures reducing these risks, including providing workers, free of charge, with personal protective equipment, as well as working clothes and shoes, which he is required to maintain in good condition, ensuring that they are washed, maintained, dedusted and decontaminated.

Informing workers about hazards and means of protection

The employer must inform workers about occupational risks and rules of protection against hazards, including how to use personal protective equipment. He must also inform them how they can protect themselves against accidents at work and occupational diseases and how they should behave in the event of an accident and other health or life-threatening situations.

Training courses

IMPORTANT! The employer cannot allow a worker to perform work for which that person does not have the required qualifications or skills, or sufficient knowledge of occupational health and safety rules. The employer must provide workers with training courses on occupational health and safety (always before admitting them to work and periodically, depending on the nature of work performed) and must undergo training himself to the extent necessary to perform his duties.

Medical examinations

IMPORTANT! The employer cannot allow a worker to work without a valid medical certificate stating that there are no contraindications to working in a specific work position under the working conditions described in the referral for medical examinations. The employer must refer workers for medical examinations (pre-employment examinations, periodic examinations, and check-ups), issuing referrals (in duplicate) which take into account the type of position and a description of working conditions, including information on hazardous and harmful factors (together with their current measurements results) and nuisance factors. The examinations must be performed at the employer's expense. If possible, periodic medical examinations and check-ups shall be performed during working hours. Workers will retain the right to remuneration for the time not worked in connection with examinations, and if they need to travel to another location for these examinations, they are entitled to reimbursement of their travel expenses in accordance with rules applicable to business travel.

First aid and fire hazards

The employer must appoint workers to provide first aid in emergency situations and take action to fight fires and evacuate other workers. The employer must also provide relevant training courses, resources and materials.

Consultations

The employer must consult workers or their representatives on matters relating to occupational health and safety, and if more than 250 workers are employed, set up an occupational health and safety committee, which advises the employer and issues opinions on the OHS policy at the company.

OHS service and performance of their tasks

If more than 100 workers are employed, the employer must set up OHS service, serving as an advisory and control body in occupational health and safety matters, and if up to 100 workers are employed, the employer may perform this service tasks by himself or delegate these tasks to a worker responsible for other work. If there are no competent workers, the tasks may be outsourced. Please bear in mind that only suitably qualified workers may perform the OHS service tasks.

PLEASE NOTE! An employer who has completed the training necessary to perform the OHS service tasks may perform these tasks by himself if:
1) he employs up to 10 workers, or
2) he employs up to 50 workers and is classified into a group of activities for which a risk category no higher than risk category 3 within the meaning of the provisions on social insurance against accidents at work and occupational diseases has been assigned.

Employment of special groups of workers

The employer is required to take into account the special health protection of adolescents, pregnant workers or workers who are breastfeeding, as well as disabled workers.

The employer may employ adolescents (i.e. persons who have reached the age of 15 but are younger than 18) to do light work or to train them for a profession, provided that they work shorter hours and do not perform professional activities that are hazardous to their lives or health. The list of these activities are specified by law. The employer is obliged to provide adolescent workers with care and assistance necessary for their adaptation to proper performance of work. The employer may not employ pregnant and breastfeeding women to perform certain types of work involving excessive physical effort or which could adverse effect on women or their children health. The list of such works is specified by law. When employing disabled workers, the employer should adapt the workplace to these persons’ individual needs, taking into account OHS rules and apply provisions on shorter working hours and additional breaks to this group of workers.

Accidents at work and occupational diseases

IMPORTANT! In the event of an accident at work, the employer is required to take the necessary measures to eliminate or reduce the hazard and ensure that first aid is provided to the injured persons. If an accident occurs, the employer is required to determine the circumstances and causes of that accident, draw up a report (and retain it for 10 years) and take measures to prevent similar accidents in the future. He is also obliged to immediately report each fatal or serious accident and a collective accident to the district labour inspector and prosecutor. The employer must also keep a register of accidents at work. The employer must take similar steps if an occupational disease is diagnosed and must notify the competent institute of occupational medicine and the relevant state sanitary inspector about the effects of this disease. Whenever an occupational disease is suspected, the employer must notify the competent state sanitary inspector and district labour inspector about this fact. If symptoms of an emerging occupational disease are found in a worker, the employer is required, on the basis of a medical certificate, to assign the worker to another job where that person is not exposed to the factor that has caused these symptoms, within the time and for the period specified in that medical certificate.

NAME OF THE ENTITY RESPONSIBLE FOR THE CONTENT OF THE INFORMATION
Ministry of Economic Development, Labour and Technology
Department of Labour Low
email: sekretariat.dpr@mrips.gov.pl