Aktualności BHP (OSH News) 2020/165 (09-10)

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Category: Aktualności BHP

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•  News
  • The new definition of mobbing may cause many problems (3)
    Work is underway to amend the Labor Code as regards the definition of mobbing. It is about extending it by a category that distinguishes the amount of remuneration according to gender. However, according to the expert, extending the definition of mobbing to include this issue already raises many doubts. Why?
  • Until when to use anti-crisis solutions (4)
    Some provisions of the anti-crisis shield will expire in early September. How does this affect the anti-crisis solutions? Which of them can still be used?
• Recipes with commentary
  • Correct identification of the employer on the new model of the initial training card (6)
    It is the responsibility of every employer to provide employees with health and safety training, which should then be properly documented. Not only training programs are used for this, but in particular the initial training cards. Such a card, filled in in accordance with the applicable model, should contain the name of the employer. But the term - Employer's details - is not very precise. So what information should be included?
• Court case law
  • The amount of compensation for an accident at work is influenced by the employee's joint liability (7)
    The employer's liability to the employee under Art. 430 of the Civil Code (liability for damage caused to third parties), the rule applies, which allows to determine the amount of compensation (compensation) due to the employee, taking into account the possible contribution of the injured employee to the damage.
• The subject of the issue
  • Health and safety requirements at the position of a car tinsmith (8)
    The body shop is the place where the car body is repaired. The tinsmith's working conditions vary, depending on the type and nature of the works performed. Work usually takes place in a standing position, and the tinsmith works mostly in closed rooms. A car tinsmith is exposed to many harmful, burdensome and dangerous factors that have a direct impact on work safety. What minimum health and safety requirements should a body shop meet?
• Questions & Answers
  • How to keep a record of workers exposed to biological agents (12)
    Is it possible to create a register once and then only every year add employees who start work? If it is a paper register, is it enough to add employees on a separate sheet or create a new register every year? What should the cooperation with the HR department look like, how should the staff inform the behaviorist about changes so that these records are kept well?
  • Do you have to pay Social Security contributions for the social labor inspector's salary (13)
    Should an employee pay social security and health insurance contributions on the additional remuneration received by an employee as a social labor inspector?
• Employer Responsibilities
  • When an employee informs about contact with a person infected with coronavirus (14)
  • On what basis to process the employee's data in the certificate of disability (15)
    The disability certificate contains not only ordinary personal data, but also data of a special category - information about the disability and the symbol assigned to it. Who can access this information? And on what basis can the employer process them?
• OHS training - questions and answers
  • Periodic training for managers. Can the employer be its organizer (16)
    Can the organizer of training for managerial staff only be an organizational unit conducting training activities in the field of OSH? Can the training be provided by the employer?
  • Periodic training for an employee in economic downtime. Is it possible (16)
    Can blue-collar workers who are currently in an economic downtime participate in periodic OSH training?

    Read more: Aktualności BHP (OSH News) 2020/165 (09-10)

Monitor Prawa Pracy (Labor Law Monitor) 2020/09

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Category: Monitor Prawa Pracy

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• News
  • Determining the working time by the employer and overtime
  • Changes in the law
  • Increase in the minimum wage to PLN 2,800
  • Assessment of the admissibility of employing a sole partner of a limited liability company under an employment contract
• Articles
  • Restrictions on the rights of employees in Shield 4.0 - some reflections in the context of constitutional principles
  • Preamble to the Constitution of the Republic of Poland of 1997 - does Polish labor law “remember” about it?
  • Principles of material liability of employees for entrusted property
  • Performance of work outside the EU by an EU citizen residing in a Member State - determination of applicable social security legislation
  • Mutually agreed position of the representative trade union organizations in the event of the employer introducing changes to the remuneration regulations

    Read more: Monitor Prawa Pracy (Labor Law Monitor) 2020/09

ATEST - ochrona pracy (Certificate - work protection) 2020/09

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Category: ATEST

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• Summer school for work at height (3)
• ABC of OHS
  • In how wellbeing (4)
• People and events
  • Memoirs of a labor inspector from 1972-1977 (part 6) (9)
  • Who is who in labor protection - Maciej Abramowicz (17)
• Information
  • On an ongoing basis… (12)
  • Coronavirus time (34)
  • Memory about Andrzej Bądkowski (35)
• Regulations and standards
  • Preventive examinations of "occasional drivers" (123)
  • Medical certificate admitting to work (38)
  • New health and safety regulations and labor law (41)
  • Vegetable slicers (42)
  • Technologies and security
  • Machine overload on the example of presses and tower cranes (18)
• Conferences
  • BeNiSz 2020 - "Safety in Science and Higher Education (25)
• Interview
  • We have to use our experience to prepare for the next epidemic - an interview with Barbara Kopeć, DIAGNOSTYKA's operational board representative (28)
  • Behapowiec, or who? - an interview with Dr. Paweł Religa, University of Technology and Humanities in Radom
• Education
  • English for Behapists (Lesson 128) (36)

    Read more: ATEST - ochrona pracy (Certificate - work protection) 2020/09

Monitor Prawniczy (Law Monitor) 2020/17

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Category: Monitor Prawniczy

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• News
  • The running of the limitation period for claims not reported in the proceedings before the insurer of the perpetrator
  • Admissibility of requesting data from an internet provider of a person infringing personal rights
  • Guarantee of public faith in land and mortgage registers and the establishment of an easement of passage and passage
  • Suspension of court deadlines due to COVID-19
  • Deduction of fees for private use of a company car from the salary
  • Refusal to restore the deadline for lodging a complaint
  • Suspension by the administrative court of the implementation of a decision which has been made immediately enforceable by law
  • Relief from debt does not mean income
• Articles
  • The course of proceedings in civil cases during the epidemic. Part I - urgent matters
  • Shaping the civil law obligation relations in the light of epidemic legislation
  • On the inconsistency with the Polish Constitution, the levy collected from creditors in the event of ineffectiveness of enforcement

    Read more: Monitor Prawniczy (Law Monitor) 2020/17

Polityka Społeczna (Social Policy) 2020/08

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Category: Polityka Społeczna

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• Conditions for building reintegration instruments. Conclusions from evaluation studies of the project national reintegration network (1-8)
  The presented article presents the results of the evaluation of the project "National Reintegration Network - strengthening social employment institutions in the activities of social policy in the face of social exclusion". The aim of the project was to introduce a new profile of reintegration services in the area of social and professional reintegration based on multi-sector cooperation of various institutions, entities and non-governmental organizations aimed at extending the thematic scope of classes in social integration centers and clubs, also covering the area of education, culture, health prevention and sports and recreation.
• Benefits of the network - Local network of social reintegration (9-17)
  The main topic of the article are local networks of cooperation between institutions working for the reintegration of people at risk of social marginalization. The author is interested in answering the question about an effective way of creating local networks of social and professional reintegration and whether social employment entities (social integration centers and clubs) can act as local institutional leaders around which such support networks are created. The basic conclusion is that social integration centers and clubs can act as leaders initiating the creation of networks, but their creation and functioning also depend on many factors characteristic of local communities - the favor of local authorities, the potential of social employment entities, relations with other entities of local social policy.
• Identification of forces supporting and inhibiting the implementation of HB-HTA in Poland (18-27)
  The growing costs of health care in the scale of the system and the deteriorating situation of hospitals force the search for new methods of improving management. One of the proposals is to base the investment decision-making process in hospitals on HB-HTA, i.e. hospital assessment of medical technologies, which is reflected in the implementation of the project entitled "Implementation of the Hospital-Based HTA (HB-HTA) system - Hospital Assessment of Innovative Medical Technologies." The introduction of such a significant change for the functioning of hospitals and the entire system requires careful planning. One of the stages of this change is the analysis of its determinants. The aim of the article is to present the results and discussion of the results carried out in the first stage of the Gospostrateg project (Project No. 1/395107/18 / NCBR / 2018 "Implementation of the Hospital-Based HTA (HB-HTA) - Hospital Assessment of Innovative Medical Technologies", carried out by the consortium of the National Health Fund, the Stefan Cardinal Wyszyński Institute of Cardiology - National Research Institute and the Lazarski University in Warsaw) research on the conditions for the implementation of hospital-level medical technology assessment procedures into the Polish health care system (Hospital - Based) Health Technology Assessment, HB-HTA). In the conducted research, an exploratory research strategy was applied, typical for the grounded theory, using the Lewin force field analysis methodology for data collection. The research showed 28 factors in the macro-environment that actively influence the process of implementing HB-HTA in the practice of hospital operation. The analysis of Lewin's force field allowed for the identification of 5 inhibitory forces and 5 forces supporting the HB-HTA implementation process with a visible predominance of the forces supporting the change process. The proposed strategy of action when introducing the change should focus on weakening the inhibitory forces, including the main force, which is the shortage of financial resources, and strengthening the competences of the management in the area of applying the HB-HTA methodology in hospital management.

  Read more: Polityka Społeczna (Social Policy) 2020/08

Bezpieczeństwo Pracy i Ochrona Środowiska w Górnictwie (Work Safety and Environmental Protection in Mining) 2020/08

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Category: BP i Ochr. Śr. w Górnictwie

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• Tunnels made using the mining method will be built in Lower Silesia
  The article presents the problem of internal leakage in the hydraulic props of the powered support section. The results of several years of work on the development of a new application of a valve block structure with two check valves are presented, as well as the results of bench tests and tests in real conditions.
• Cross-border cooperation of offices supervising the revitalization of areas after lignite mining - experiences of the "Life with mining" program
  The article discusses the joint project of the Saxon Mining Authority, the Higher Mining Authority and the Marshal's Office of the Lower Silesian Voivodship - "Life with Mining" (MineLife) and the methods used during its implementation. Thanks to the program, an exchange was initiated between partner institutions, which allowed for acquiring knowledge and increasing competences in the field of administrative procedures, planning and supervision processes as well as available technologies, procedures in open-cast and underground mining in the border region. The participants were also shown land reclamation after the end of brown coal mining. The conflicts between mining enterprises, supervisory authorities and residents are presented. The end result of the program is a manual on how to solve them.
• The condition and prospects of rock mining in the Świętokrzystkie Voivodeship
  Świętokrzyskie Voivodeship is a significant area in the country in terms of the amount of resources and mining of rock raw materials. It is a leading region in the field of limestone and marl, gypsum and anhydrite mining as well as clay resources. Broken stones and block stones are also a significant resource. The condition and prospects of rock mining in the individual counties of the voivodship vary. The poviats of Kielce, Opatów, Jędrzejów, Staszów and Włoszczowa play an important role. The existing state of rock resources is determined by the geological structure of the voivodeship, in particular the Świętokrzyskie Mountains, within which the so-called White Basin.
• The human nervous system and its responses to electrical stimuli (Communication)
  The article briefly describes the structure and physiology of the human nervous system and its responses to electrical stimuli. The perception of electrical stimuli by humans is possible only through the nerve fiber terminals and skin receptors. Shock current penetration into the nervous system outside the nervous system is prevented by a sheath that insulates nerve fibers with a high resistance value. Since the resistivity of the nervous system is several times greater than that of the blood, shock current in the human body flows through the circulatory system, not through the nervous system.

  Read more: Bezpieczeństwo Pracy i Ochrona Środowiska w Górnictwie (Work Safety and Environmental Protection...

Aura - Ochrona Środowiska (AURA Environmental Protection) 2020/09

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Category: Aura Ochrona Środowiska

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• The EU Action Plan for the Circular Economy
  Tjisse Stelpstra, minister of the province of Drenthe in the Netherlands, member of the EU's Environment, Climate Change and Energy Commission, is preparing the opinion of the European Committee of the Regions on the EU's circular economy action plan, published by the European Commission in March this year. This plan will be adopted during the plenary session on October 12-14 this year. The circular economy is of great importance in the fight against global warming. It is also the main pillar of the European Green Deal, the EU's growth strategy that aims to achieve climate neutrality by 2050.
• Evening primrose - a plant with valuable pro-health and healing properties
  In the soil and climatic conditions of Poland, two species of evening primrose are the most important - Oenothera paradoxa Hudziok and Oenothera biennis L., which occur naturally or are grown on special purpose plantations. Their chemical composition of seeds is similar, they are particularly rich in valuable ingredients with pro-health properties, such as oil containing unsaturated fatty acids - linolenic (LA) and unique β-linolenic (GLA), tocopherols, polyphenols and tannins. GLA and LA acids are important in the prevention and treatment of many diseases, such as cardiovascular, neurological, skin, and diabetes. Their protective effect in the course of bacterial and viral infections and their consequences is also important. Due to its properties, evening primrose should permanently appear in our daily diet, especially nowadays in people who are ill or struggled with COVID-19.
• Trees and investments
  The article deals with the problem of collisions between trees and investments. The most important legal articles on this subject are cited. Methods of securing trees during the investment were presented. In a situation where it is not possible to preserve the trees, the landowner is obliged to make replacement plantings, which are controlled after three years. It was also noted that the application is not always fully prepared.
• The problem of removing hazardous materials from the Baltic Sea in the light of game theory
  The audit of the Supreme Audit Office in 2016-2019 regarding the prevention of threats resulting from the deposition of hazardous materials on the bottom of the Baltic Sea, i.e. poisonous warfare agents, products of their decay, fuels and petroleum products from shipwrecks, showed insufficient and ineffective actions of the administrators - maritime administration (Minister of Maritime Economy and Inland Navigation and directors of maritime offices) and environmental protection administration (Minister of the Environment and Chief Inspector of Environmental Protection). These authorities indicated that it was impossible to take action due to the lack of powers, resources or knowledge, and shifted mutual responsibility for the implementation of tasks in this area. NIK decided that the explanations were unacceptable and assessed the ministers negatively. In the light of game theory, these omissions appear to be specific non-cooperation strategies chosen by "players", but they turn out to be wrong, as only cooperation, not free riding, gives the right solution. The article presents the author's private view based on the results of the Supreme Audit Office's audit and game theory.
• Subsidizing "electricians"
  Electric cars are widely considered an ecological solution. This belief is based on the lack of an exhaust pipe from which pollutants would be emitted. However, the actual impact of "electricians" on the environment depends on the origin of the electricity used to charge them. It also depends on what kind of transport work the electric car replaces. Since it contributes to the increase in transport performance, its positive impact on the environment is doubtful. Nevertheless, "electrics" are readily subsidized, which calls into question the rationality of the policy that sanctions it.
• Judgment of the Court of 2 July 2020 on the protection of the habitats of the European hamster in Vienna, C– 477/19
  Operative part of Article 12 (1) 1 lit. d) Council Directive 92/43 / EEC of 21 May 1992 on the protection of natural habitats and of wild fauna and flora must be interpreted as meaning that the concept of "resting areas" referred to in that provision also includes resting areas which are no longer occupied by one of the protected species of animals referred to in point (a). (a) of Annex IV to that directive, such as Cricetus cricetus (European hamster), provided that there is a sufficiently high probability that the species will return to those sites, which should be checked by the referring court. Facts The construction developer has started works related to the construction of a building in the area where the European hamster had its habitat. The owner of the land, who was aware of the situation, informed the developer about it, who had commissioned an environmental expert prior to the commencement of works.
• Solar heating installations
  In the next article on heating water with solar energy in a solar installation, I will present some technical solutions of these installations. In the following sections, I will discuss some other types of solar installations and the devices that they install.
• Summer with the scent of the American tulip tree, a pioneer in the dendroflora of Europe
  The American tulip tree Liriodendron tulipifera L. comes from the eastern parts of North America. It is one of the first species of North American trees brought to Europe, as it reached our continent as early as 1663. It was brought by John Tradescant, court gardener of King Charles I of England. Historical sources mention several specimens of this species, growing in 1688 in London gardens Fulham Palace. Tulip tree belongs to the magnolia family and is a component of the oak-tulip forests growing in the Atlantic part of North America. This species occurs in nature in river valleys, on wet mountain slopes, it is mainly an admixture in the stands of deciduous and mixed forests, although sometimes it also forms pure stands.
• Pill…
  Mrs. Zuzanna reaches sixty. She is the caretaker. Sometimes, in the elevator, he likes to talk to people. Also about your health. Incredibly, the only pills she took in the last dozen or so years were forced by the flu. Home remedies and vitamin C were helpful. She says that a long walk was good for the headache, and she chased away the creeps in the cross with tapping carpets. He knows well that these are archaic recipes, but they can be effective. Most people, however, prefer more "civilized" ways. So he loves to use various types of preparations, including those from TV commercials. Pharmacies attract with an increasing offer of various medical products - paralets, dietary supplements, micronutrients and vitamins.

  Read more: Aura - Ochrona Środowiska (AURA Environmental Protection) 2020/09

Menedżer Produkcji (Production Manager) 2020/08-09 (58)

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Category: Menedżer Produkcji

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• From the practice of a production manager
  • Lean Management in family businesses, or how you can take care of constant and profitable improvements in your business
    Family businesses are this unusual type of business that retains its employees for years. Why unusual? Because we live in an age where many people are climbing the career ladder, moving from one corporation to another. No ties, no deeper relationships. It is different in the case of family businesses, which focus on people, are able to develop their potential for many years, and both parties benefit from this cooperation to the fullest. This is a great advantage and often a challenge when the idea of introducing changes in the way the company operates. How to make the wolf full and the sheep whole? Lean Management comes in handy. What is it and how can it grow your business?
  • Efficient production teams - understand how your employees think and use their potential
    Building effective production teams, as well as creating efficient teams in an organization, is a big challenge. Employers more and more often face the problem of selecting the right people so that the goals of the company/department are met at a satisfactory level. On the one hand, it results from the constantly decreasing level of unemployment, and therefore experts and specialists are not left without work for long. On the other hand, the reason is that employers (as well as heads of departments or managers) do not know how to select the right people for the team.
• The subject of the issue
  • 3P - Production preparation process
    Our processes must be as thin as possible, so that they result in the highest possible value for the client, and we are burdened with the least possible costs. Therefore, both when planning new processes and when we want to optimize the existing ones, we should reach for 3P.
• The art of motivating
  • Development in times of plague
    It is worth taking care of the professional development of employees and raising their qualifications throughout their professional career. We are currently dealing with an exceptional situation in which some tools that we have always used (training, postgraduate studies) do not function or function in a changed or limited scope. Moreover, many organizations have to reduce budgets for employee training and development and give up expensive forms of training. Is it worth investing in employee development in the current situation? If so, what should you focus on?
  • The role of the immediate superior in the process of developing subordinates' competences
    The situation is slowly normalizing. However, workplaces operate in accordance with the recommendations of the sanitary regime. As a result, not all management functions have returned to their former form. This also applies to training for production workers.
  • Communication and commitment in a production company, or how to use content, graphics and video to engage employees
    Communication in the company has always been a challenge, especially in the manufacturing sector. A large number of people of different ages and a dispersed team of office workers and production halls do not make the task easier for the managerial staff. How can the manager's work be easier? How to effectively reach recipients thanks to an accessible form of materials and a simple message?
• Inspector's eye
  • Termination of the employment contract - form and method of delivery
    When signing an employment contract, even for an indefinite period, we are aware that we are not bound with the employee "forever". The duration of employment will play an increasing role. The volatility of the market environment and the speed of technological changes will force both employees and employers to make decisions about shortening the length of employment in a given organization.

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Monitor Prawa Pracy i Ubezpieczeń (Labor Law and Insurance Monitor) 2020/09

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Category: Monitor Prawa Pracy i Ubezpieczeń

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• Subject of the issue: Posting of workers - what changes in the regulations have been introduced by the EU directive
• You need to know about it
  • Granting outstanding annual leave during the coronavirus pandemic (4)
  • The Social Insurance Institution will cancel the contributions of some payers who have not previously obtained exemption under the COVID-19 Act (6)
  • By September 30, 2020, the 2nd installment of the allowance should be transferred to the company social benefit fund (8)
  • Remuneration for annual leave granted during downtime - the position of Chief Labor Inspector (10)
  • Employer use of private contact details of the employee - position of the Personal Data Protection Office (UODO) (12)
• The Office for Personal Data Protection explains
  • Who is the administrator of data processed for the needs of the loan and assistance fund operating at the employer's (14)
• Answers to HR questions
  • How does the employee's remuneration affect the time off granted for overtime work (17)

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