Aktualności BHP (OSH News) 2020/168

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Category: Aktualności BHP

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•  News
  • Report: Impact of the coronavirus pandemic on the Polish labor market (3)
    Due to the coronavirus pandemic, almost half of employers expect investment suspension, and every fourth employee - salary reduction. These are just some of the conclusions from the latest report of the Safe at Work Coalition "Work safety in Poland 2020. The impact of the coronavirus pandemic on the Polish labor market". They show that employers reacted quickly to the current epidemic situation and introduced many sanitary measures before the relevant regulations came into force. However, there is a belief in the labor market that some of the solutions will remain in companies for longer, but the economic outlook is pessimistic.
• Recipes with commentary
  • How to understand auxiliary work on energy devices (5)
    The employer's right is to include additional tasks in the auxiliary works that do not fit both within the operational works and in the list of examples of auxiliary works. This is due to the fact that the latter type of work has been regulated only in the open catalog included in the provisions on health and safety at work for energy devices. So what can be auxiliary work?
• Questions and Answers
  • Who is the subject of an employee of the OHS service employed in MOPS (6)
    In the municipal social welfare center, the employer is a person employed in the position of director. Subordinating the health and safety inspector to the head of the MOPS human resources section or another person, e.g. the deputy director, would constitute a clear violation of the provisions.
  • How to protect the driver who steps on the tanker at a height of 3 m (6)
    Exemption from the obligation to use personal protective equipment will depend on whether the railings installed on the cistern have a certain height and sufficiently protect the employee against falling from a height.
• Accidents at work
  • Accident analysis - the fall of a young carpenter (7)
    The article presents an analysis of an accident that occurred during works related to the assembly of the roof structure of a newly constructed residential building. An employee fell from a height of 14 meters and suffered general bruises and fractures in the heel bone of his right leg. What were the causes of the accident in the opinion of the labor inspector?
• The subject of the issue
  • Occupational health and safety service for employers (8)
    The health and safety service is a one-person or multi-person organizational unit separated within the structures of the workplace, the responsibility of which is primarily consultancy and control in the field of occupational health and safety. Creating a health and safety service is obligatory for some larger employers. So when is the employer obliged to establish this service, and when can he resign from it?

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Menedżer Produkcji (Production Manager) 2020/10 (59)

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Category: Menedżer Produkcji

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• From the practice of a production manager
  • Internal trainer academy. How to take care of knowledge transfer using the potential of employees?
    Every company has such expressions and abbreviations, the meaning of which can only be explained by its employees. Therefore, if you want to get to know the Arjo language better, it is worth e.g. know that medical beds are created in the PPT area, IPC is the department responsible for the production of cuffs used for the prevention of thrombosis, and lifts are devices for lifting patients. The internal nomenclature, of course, is not only used to describe the production reality. Although I could multiply similar examples from the area of administration, today I will focus on one of them. This year in Arjo, AWT, the Academy of the Internal Trainer, has become a particularly important acronym.
  • How to increase production efficiency? Luxon Led case study
    Are you also wondering how to increase production efficiency with the use of your resources? You have a team of professionals, you know your field, customers value your products, but the analyzes show that better results are needed. Additionally, operating during a crisis makes it the best option to optimize the available resources and thus increase efficiency, without incurring high costs. How can this be achieved?
• The subject of the issue
  • GEMBA WALK for everyday use
    Taiichi Ohno, called by some the father of the Toyota Production System, on which the Lean Management is based today, said: "Toyota managers should be absolutely committed to working on the production floor to wash their hands at least three times a day." It is personal presence and a go-and-see approach that form the foundation of Gemba Walk.
• The art of motivating
  • Coaching in Lean, or Lean coaching
    The implementation of Lean Management in an organization is a real challenge. However, the benefits it brings are well worth the effort. But is there anything that can help not only to implement, but also to maintain and develop a culture of lean thinking in an organization? Can any solutions that are not an official element of Lean effectively support this concept? Such a supplement is the use of methods offered by coaching.
  • Mental resilience in times of crisis - how to deal with work and more
    Living and working in a situation of uncertainty lasts longer. Currently, probably no one is able to predict when the situation will change and what consequences of the epidemic will meet us. This applies to a large extent to working life. We are slowly getting information on how employees are coping with a pandemic. Unfortunately, these are not positive data.

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Praca i Zabezpieczenie Społeczne (Work and Social Security) 2020/10

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Category: Praca i Zabezpieczenie Społeczne

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• De lege lata and de lege ferenda remote work - change of place of work or a new concept of employment relationship? Part 1 (3-9)
  The purpose of the first part of the article is to analyze remote work de lege lata on the basis of the Act of March 2, 2020 on special solutions related to the prevention, counteracting and combating COVID-19, other infectious diseases and the crisis situations caused by them (the so-called anti-crisis shield) . The author presents the provisions on remote work and their subsequent amendments. Analyzes the employer's competences regarding the introduction of remote work, the conditions for its performance, the material scope, as well as the rights and obligations of the parties to the employment relationship. The second part of the article will be devoted to the prospects of regulating remote work in the Labor Code. The author presents the view that de lege ferenda the essence of remote work is its location at home, i.e. in the private sphere of the employee. In his opinion, from the theoretical and legal point of view, work in a workplace and work at home may become equivalent variants of the employment relationship.
• A few remarks about remote work (10-16)
  Remote work is undoubtedly one of the most important new legal solutions adopted in labor law in connection with the COVID-19 pandemic. The aim of the article is to analyze the concept of remote work, the relationship between remote work and teleworking, as well as to define the place of remote work provisions in relation to other labor law regulations and within this branch of law. According to the author, the main goal of remote work, namely "counteracting COVID-19", prompts to perceive it as an institution of labor protection law.
• Amendment of the directive on the posting of workers in the framework of the provision of services (17-25)
  The aim of the article is to present the changes to the directive on the posting of workers as part of the provision of services, introduced by Directive 2018/957 of June 28, 2018. The author describes the most important of these changes, their genesis and purpose, and at the same time confronts them with the allegations made by the Polish government and Hungary in proceedings C-626/18 and C-620/18, aimed at annulment of the key provisions of Directive 2018/957 or the entire directive, as well as with the current views of the literature against the background of changes introduced in the institution of posting workers.
• Collective agreements in the anti-crisis shield (26-35)
  The unprecedented event, which is the global coronavirus pandemic, resulted in the adoption and implementation of many solutions aimed at preventing and combating the epidemic and the negative social, economic and health consequences it causes in the form of the so-called anti-crisis shield. One of its elements are specific solutions in the field of labor law, among which anti-crisis agreements are of prime importance. The anti-crisis shield made it possible to conclude an agreement on the reduction of working time or economic downtime, an agreement on the application of less favorable employment conditions than those resulting from employment contracts concluded with employees, and an agreement on the introduction of an equivalent working time system. The aim of the article is an attempt at a critical analysis of collective agreements introduced by the anti-crisis shield and a careful assessment of their social and economic effects.
• Exemption from the obligation to pay contributions under the anti-crisis shield compared to the previously applicable solutions for the cancellation of social security contributions (36-41)
  One of the mechanisms making it easier for the payer of social insurance contributions to meet his obligations towards the social insurance system is their cancellation. Legal solutions adopted in order to counteract the effects of the COVID-19 pandemic differently define the effects of the write-off of certain contributions. The author, presenting the rules for the redemption of social security contributions specified in the provisions of the Act of 13 October 1998 on the social insurance system, other legal acts, known as "abolition acts", indicates the consequences of differences between them and the covid provisions. It also formulates de lege ferenda conclusions, which may be of importance in the future, not only due to the current pandemic, but also other phenomena affecting the economic, health and social security of society.

  Read more: Praca i Zabezpieczenie Społeczne (Work and Social Security) 2020/10

ATEST - ochrona pracy (Certificate - work protection) 2020/11

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Category: ATEST

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• With coronavirus paper (3)
• Regulations and standards
  • Railings are not everything (4)
  • Part of the working day (14)
  • Sickness insurance for a person running a non-agricultural business after the end of maternity allowance (42)
  • Rear mounted excavators (46)
• Organization and Economics
  • Is "lean management" in OSH possible? (6)
  • Hazards on the construction site (part 2) (9)
  • Fire safety guide (Part 29) (26)
• Information
  • Respiratory protection in the time of a pandemic, or how Sundström and Brammer help fight the coronavirus in industry and beyond (24)
• Health and safety lessons
  • Warehouseman - warehouse worker (Part 3) (32)
• People and events
  • Memoirs of a labor inspector from 1980-1990 (part 1) (38)
  • Working outside - expert hints (45)
• Education
  • English for Behapists (Lesson 130) (40)
• Permanent columns
  
  • Texts-pretexts (2)
  • Everyday technique (30)
  • Contest (31)

ATEST - ochrona pracy (Certificate - work protection) - the whole list

BHP w Firmie (Work safety in the company) 2020/230

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Category: BHP w firmie

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• Subject of the issue: Organization of safe work during an epidemic - work performed in one place and time by employees of different employers
  The period of the epidemic is a serious test for every employer in the context of ensuring safe working conditions. The issue of the safety of employed persons is of particular importance - including the level of complexity in a situation where employees employed by different employers perform work in one place. Unfortunately, the period of the epidemic has not yet been regulated in detail in such a complex organizational situation - thus it is necessary to rely on the previously applicable regulations, taking into account the specific period and the new biological threat, which is the coronavirus.
• Remote work instead of telework? We are awaiting changes in the code regulations
  The Ministry of Family, Labor and Social Policy is planning changes to the applicable regulations and teleworking may soon disappear from the Labor Code - remote work will appear in its place. According to the assumptions of the amendment prepared by the ministry, remote work is to be used on the basis of solutions specified in the agreement concluded by the employer with the employees. Such an agreement could include an agreement on the principles of compensation for outside labor costs.
• Remote work and OHS - an expert on the employer's responsibility for the conditions of remote work
  Will the employer be responsible for the health and safety of remote employees? MRPiPS has developed a draft version of the draft amendments to the Labor Code, which includes new regulations regarding remote work. The proposed changes concern, among others the elimination of telework and its replacement with remote work, enabling remote work only with the consent of the employee or excluding the employer's liability for the safety of remote employees. How does the expert of the Safe at Work Coalition - Ewa Gawrysiak assess the planned changes?
• What information may be requested by the National Labor Inspectorate and the Social Insurance Institution - explanations from the Personal Data Protection Office
  When and to what extent can the labor inspectorate and the Social Insurance Institution have access to employee documentation and what else they can request from the employer (in the context of data protection). Get to know the explanations of the Personal Data Protection Office.
• Chronic periarticular shoulder inflammation in a wiring harness fitter - when to be considered an occupational disease
  The employee was employed as an electric harness fitter. Its main tasks included mounting electric harnesses at the board or on a table, taking electric wires and other parts from the warehouse, and then building components, mainly cubes - casings, fastening and putting on locks. In her work, she repeatedly repeated unchanging movements, creating the risk of overloading the upper limbs in the wrist area. She was also exposed to overload of the locomotor system - lifting hands (overloading the right and left shoulder) and monotypic movements stressing the peripheral nervous system. Can chronic periarticular shoulder inflammation found in workers be considered an occupational disease?

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Monitor Prawa Pracy i Ubezpieczeń (Labor Law and Insurance Monitor) 2020/11

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Category: Monitor Prawa Pracy i Ubezpieczeń

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• The subject of the issue
  • Severance pay and compensation for employees - how to grant and pay them
• You need to know about it!
  • Employees who have been reduced due to COVID-19 during the period of previous unemployment benefit will receive its compensation (4)
  • Financing and accounting for flu vaccination for employees (6)
  • Principles of settlement of business trips of employees posted abroad and Polish employers - the position of Chief Labor Inspector (9)
  • Posting of workers as part of the provision of services after changes in regulations - answers to 4 questions from practice (11)
  • Who will be the benefit payer from 1 January 2021 (14)
  • Support from the employer on the occasion of holidays - rules for granting and accounting for benefits (17)
  • Exemption from contributions from the Social Insurance Institution and a standstill benefit for the tourism industry in the Anti-Crisis Shield 5.0 (20)
• The Office for Personal Data Protection explains
  • Can a trade union have access to data from claims for benefits from the company's social benefit fund (24)

Monitor Prawa Pracy i Ubezpieczeń (Labor Law and Insurance Monitor) - the whole list

Polityka Społeczna (Social Policy) 2020/10

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Category: Polityka Społeczna

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• Education and the labor market in Poland - selected issues
  Education is seen as the strength of a well-functioning economy. Education that meets the needs of the labor market becomes the goal of educating young people and employees who want to adapt to changes taking place on the labor market. Therefore, education in Poland still faces a challenge - how to shape the teaching process and influence the learning process so that education is a significant factor in increasing the quality of human and social capital. Modern education should take into account the changing needs of the labor market, including the needs of current and future employees and employers. An important challenge of education in Poland is adjusting its structure and curricula to the needs of employees not only in the internal - national labor market, but also in the labor markets of other countries, primarily European. At the same time, the Polish education system must be competitive with the education systems of other European countries in order to prepare employees ready to work in different countries
• Integrated qualifications system - a tool linking education with the labor market
  The article presents the solutions of the Integrated Qualifications System, introduced by statutory regulations. Modernizing the national qualifications system by implementing the Polish Qualifications Framework and the Integrated Qualifications Register allows for the gradual integration of various subsectors of the education system in which qualifications are awarded. The Polish Qualifications Framework, as the basis of the Integrated Qualifications System, is a common frame of reference for qualifications awarded in Poland. The second new instrument is the Integrated Qualifications Register, which contains detailed information on qualifications included in the Integrated Qualifications System, together with information on the awarding entities and quality assurance procedures. System solutions introduced by the Act on the Integrated Qualifications System unite the education system in Poland, supporting citizens in lifelong learning and acquiring high-quality qualifications needed in the modern labor market
• Shaping the social competences of students in the light of public policies of higher education in Germany, the Netherlands, Poland, Latvia, the Czech Republic and Great Britain
  Shaping the social competences of university graduates is one of the most important challenges today. The cognitive objectives of the Erasmus + DASCHE project, the selected results of which are presented in this article, were: (1) recognizing good practices in shaping students' social competences in selected higher education centers, (2) supporting public policies in the field of higher education at the European and national levels, and at universities in the field of designing, shaping and verifying students' social competences and formulating recommendations in this regard. The project was carried out using the case studies method at 26 universities. The characteristics of social competences adopted in it say that these are metacompetences built on knowledge and skills, enriched with axiological reflection, allowing for their independent and responsible use for social benefits. The article presents an analysis of public policies in Germany, the Netherlands, Poland, Latvia, the Czech Republic and Great Britain in the context of their impact on whether and how universities shape students' social competences and whether they are obliged, encouraged or supported by regulations legal, development strategies, national qualifications framework and external quality assurance systems. DASCHE's research indicates a large diversity of national public policies in this regard and - with the widespread recognition by the academic staff of the importance of shaping student attitudes - a significant lack of conscious actions leading to their shaping at the national and institutional as well as European level.

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Monitor Prawniczy (Law Monitor) 2020/20

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Category: Monitor Prawniczy

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• News
  • Request to cancel the contract
  • Remuneration for the establishment of the transmission easement
  • The deadline for submitting a complaint against the decision to initiate compulsory restructuring of the bank for all entitled persons
  • Expiry of the decision on the permit to resume construction works
  • Fixed fee for water services
  • Right to compensation in national currency
  • Maximum amount of loan costs beyond interest
  • Equal treatment on the Internet
• Articles
  • Abusive clauses in Swiss franc loan agreements - analysis of the judicature of the Supreme Court
  • Effects of depositing the amount obtained in the course of securing the amount of money in a deposit account (Article 808 of the Code of Civil Procedure)

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Aura - Ochrona Środowiska (AURA Environmental Protection) 2020/11

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Category: Aura Ochrona Środowiska

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• Food losses and waste in Poland. The scale and causes of the problem
  The Food and Agriculture Organization of the United Nations (FAO) reports that 1.3 billion tonnes of edible food are wasted worldwide each year, which is one third of food produced. Globally, we lose about 14% of food produced at various stages, from harvesting to retailing. Moreover, research shows that food losses are recorded at every stage of trade and consumption, from processing, transport, storage, inadequate distribution and sale, to bad consumer habits. It is also important to remember that when food is lost or wasted, all resources used to produce it - including water, soil, energy, labor and capital are wasted. Moreover, the disposal of lost food and waste in landfills leads to greenhouse gas emissions, contributing to climate change.
• Technological curiosities from the world
  Getting rid of lead Commonly available water filters are quite effective in capturing the lead that may come from the pipes. However, they do not inform the user how much harmful substance they have caught. Until now, scientists have had to take a large sample and measure the level of the substance to assess how much lead is in the water. Meanwhile, researchers at the University of St. Louis have developed a new method that allows lead to be extracted directly from the filters, giving a better picture of what comes out of the taps. The examination takes less than an hour. Until now, the most problematic problem was not taking a sample, but proper assessment of how long the water had been in contact with harmful substances. Taking a liter sample was not a good way of assessing the amount of lead in the water, so another method had to be found. This could be to collect lead from a filter that has been in use for a long time.
• Earthworms and Arctic Thawing
  The decline in the extent of sea ice in the Arctic is one of the critical points for the Earth's climate that has already become active. This is due to e.g. combustion of fossil fuels, as well as particles of soot from the industrialized northern hemisphere, depositing on the surface of ice and snow, and as a result reducing its albedo. The Arctic may be completely ice-free in the next few decades. A relatively new threat to the Arctic is the emergence of earthworms. Plant growth is reliant on nitrogen, and earthworms provide nitrogen to plants, promoting their growth. Plants grow taller, stick out of the snow, change the albedo in the region and accelerate snow melt. Earthworms reach the Arctic similarly to plant seeds imported by humans. The burning of fossil fuels turns out to be just one of many threats facing this part of the world.
• Fee for the removal of trees in the event of unauthorized construction
  Question: How is the commune authority to proceed if the owner of the real estate, who is a natural person, removed a tree on the basis of a notification that he was removing it for purposes not related to economic activity, and then, within 5 years, he starts construction, which is related to running a business without occurrence for a building permit?
• Against the grain
  Two guys are sitting on high stools at the bar. One red, the other bald. After two deeper redheads he says aggressively: - She did not give the goddess hair, she did not ... To that the bald man: - Yes, she did, but the redhead did not take it. This anecdote confirms the relativism of aesthetic sensitivity and the important role of hair in life, not only for bar-goers. A certain Sadi Sahiba, a friend and confidant of Muhammad, carried three of the Prophet's hairs with him. It was undoubtedly an honor, but also a path leading straight to the fame of the court hairdresser. In his honor, in Tunisia's Kairouan - the fourth most important city in Islam after Mecca, Medina and Jerusalem - stands the Barrel Mosque. The impressive building, with a raw, mysterious interior, attracts thousands of tourists every year. My master hairdresser, very respectable Wojtek W., although a confidant, does not care about honors.

  Read more: Aura - Ochrona Środowiska (AURA Environmental Protection) 2020/11