Aktualności BHP (OSH News) 2022/189 (01-02)

  • Subject of the number: Control of the National Labor Inspectorate (PIP) may concern the temperature in work rooms
    PIP control may concern the temperature in work rooms. The winter season is in full swing. However, not everyone has the opportunity to perform their duties at home, as part of remote work or telework. The vast majority of people work outside the home, where temperatures in the workplace tend to be far from the ideal required by the regulations. In such a situation, the employer may expect that the employee, the trade union or the social labor inspector who derives from it will notify the National Labor Inspectorate of the failure to ensure the proper temperature in the work room. This may result in a PIP inspection in the establishment. What should you know about her?
  • Comprehensive occupational risk assessment of a tower crane operator
    Occupational risk is the probability of the occurrence of undesirable work-related events causing losses, in particular the occurrence of unfavorable health effects on employees as a result of occupational hazards in the work environment or the way of performing work. We present a comprehensive occupational risk assessment of an employee employed as a tower crane operator. The document was prepared on the basis of the RISK SCORE method.
  • The new act on electromobility and alternative fuels
    The new regulations are to facilitate and accelerate the development of electric transport in Poland. The act implements the provisions of EU directives and extends the powers of the inspectors of the Office of Technical Inspection (UDT) and the Transport Technical Supervision (TDT) to allow for ad hoc inspections in the event of a suspicion of a threat to the safety of users, due to breakdowns or damage caused during the operation of the station and points charging.
  • Disposal and storage of medical and veterinary waste
    At the end of last year, the provisions of the new ordinance on the disposal and storage of medical and veterinary waste entered into force. The previous regulation on this issue was repealed on September 6, 2021.
  • Is it possible to reduce the distance between workplaces
    Question: During the ongoing COVID-19 epidemic, can the employer reduce the distance between employees (1.5 m) in the case of using plexiglass curtains at workplaces?
  • Whether an injury during a "cigarette break" will be an accident at work
    When examining the circumstances of an accident at work, it is very important to establish whether the employee has broken the work relationship. For example, if there is a smoking ban in a company, and an employee left the company for a paper-based one and was injured in front of the building, what then? Has the relationship with work been severed, or does such an event have to be recognized as an accident at work?
  • It will be possible to conclude employment contracts online
    Work is underway on the act establishing a portal for employers, where it will be possible to conclude an employment contract or a civil law contract with an employee. The employer will also be able to report it to the Social Insurance Institution or calculate the leave entitlement.
  • Business activity and civil contracts included in the length of service
    Today, the regulations make it impossible to take into account the periods of business activity and performance of civil law contracts in the work experience. They also prevent access to many jobs, for which the qualification tariffs only provide for a specific work experience under the employment relationship. In the opinion of the Human Rights Defender, such provisions do not fit the current situation on the labor market.
  • Tests and measurements of factors and modification of the workplace - practical doubts
    The employer's obligation to carry out tests and measurements of harmful factors in the work environment is valid despite the ongoing COVID-19 epidemic. Tests and measurements should be carried out with a specified frequency resulting from the regulations. But what if the time limit for carrying out the final measurement tests coincides with the modernization of workplaces?
  • Participation in consultations and OHS committees as the 21st task of the OHS service
    Some of the tasks performed by the OHS service are independent, while some relate to cooperation, cooperation and participation in various projects aimed at ensuring an appropriate level of safety in the workplace. The scope of the service's activities includes participation in consultations on health and safety and in the work of the occupational health and safety commission. Employees of the health and safety at work service also have a guaranteed participation in every commission established at the workplace level, the subject of which is safety-related matters.
  • Instruction on the right to raise objections to the accident report
    The information contained in the accident report is not always accepted by the injured person or family members. According to the regulations, the accident investigation team is obliged to instruct these persons in the scope of the right to submit comments and objections to the report. The right to submit such comments also results from the content of the accident report form. Is it necessary, then, to provide additional information by the post-accident team about the right to raise comments and objections? What if the accident team does not separately inform the victim or his family about the right to raise comments and objections?
  • Can an employee from another company replace him during the absence of a behavioral worker?
    In the event of absence, can another behaviorist replace him in the field of OSH training?
  • Does the employer have to buy an ergonomic chair for a disabled employee?
    Question: An employee with a moderate degree of disability (motor disability) asked the employer for an ergonomic and health chair for PLN 1,600. Is the employer obliged to purchase such a chair?
  • What conditions must be met during the OHS training for foreign-speaking employees
    Is it required to prepare documentation in the language of the trainee during the OHS training, when foreign-speaking employees are present?
  • Who may conduct general instruction
    The persons authorized to provide general instruction include "an employee designated by the employer who has the knowledge and skills to ensure the proper implementation of the instruction program and who has a current certificate of completion of the required health and safety training". Can the head of department or another person who has training for people managing employees be treated as a person authorized to conduct general briefing?
  • Analysis of a fatal accident during the repair of a sewage pumping station tank
    The article presents an analysis of an accident at work which occurred during the repair of a domestic sewage pumping station tank. What exactly happened and what were the causes of the accident in the opinion of the labor inspector?
  • Work accident link
    When considering whether the work accident link has been maintained, it should be remembered that the Act on Social Insurance for Occupational Accidents and Diseases does not require the link to refer directly to the performance of work itself. This is indicated by the wording in which the legislator used the term "in connection with work" and not "in connection with the performance of work".
  • The procedure for introducing work regulations and the obligation to consult
    For the validity and legal effectiveness of work regulations, it is necessary that they are introduced in accordance with the procedure provided for in applicable law. The work regulations are established by the employer in agreement with the company trade union organization. On the other hand, the work regulations issued by the employer without the required agreement with the trade union organization are not binding.

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