Risk assessment and protection measures against hazards

The employer’s primary responsibility in the field of OSH 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

The employer must provide workers with training courses on occupational safety and health (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

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 safety and health, and if more than 250 workers are employed, set up an occupational safety and health committee, which advises the employer and issues opinions on the OSH policy at the company.

OSH service and performance of their tasks

If more than 100 workers are employed, the employer must set up OSH service, serving as an advisory and control body in occupational safety and health 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 OSH service tasks.

This can be done when employer:

1. employs up to 10 workers, or
2. 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 is 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 have 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 OSH rules and apply provisions on shorter working hours and additional breaks to this group of workers.

Accidents at work and occupational diseases

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.