Aktualności BHP (OSH News) 2022/199

  •  News
    • Changes in the legalization of work of foreigners (3)
      In connection with entrusting work to a citizen of Ukraine, the employer is obliged to provide the poviat labor office with certain data. On July 15, 2022, new regulations entered into force, thus expanding the catalog of data required in the notification of entrusting work to a citizen of Ukraine. Check why the scope of this data has increased.
    • Big change of the Labor Code, but later (4)
      The amendment to the Labor Code (concerning, inter alia, contracts, information on employment conditions and parental and guardianship regulations), about which we have already written many times in the monthly, will not enter the planned date, i.e. at the beginning of August . Most likely, it will be adopted in the fall. As the government assures, the work is still ongoing. Here is a summary of everything we know so far.
  • Recipes with a comment
    • How to entrust remote work - summary (6)
      Remote work will no longer be a temporary solution (during a pandemic). It will be permanently entered into the Labor Code, which we have already written about many times, as follows from the draft amendments to the Labor Code adopted by the government. However, there were doubts as to how to entrust remote work. All possible methods are presented in the table.
  • Questions and Answers
    • Does oxygen/acetylene welding hoses have a service life?
      On the other hand, the tightness and strength of the operated welding hoses should be checked in periods determined according to the conditions of their operation, but not less frequently than once a quarter.
    • Does the AED require special procedures?
      There is no need to make a decision to introduce such a device. However, if required by police procedures, an appropriate document can be issued. There is no need to establish rules for using the AED, as the messages are issued by the device in Polish.
    • Is it possible to refer an employee for prior preventive examinations?
      An employer may refer an employee for medical examinations when the employee reports to him a potential deterioration of his health, especially when it concerns people with disabilities. Such activities must be performed at the expense of the employer - they must not be imposed on employees.
    • Can checkups be performed at the end of the employee's L4
      The duration of the illness is the period during which the employee cannot perform work. Bearing in mind the provision of Art. 229 of the Labor Code, the employee should perform the tests immediately after the end of the sick leave period - in this case it will be Monday.
    • Is it necessary to update the occupational risk assessment in relation to monkey pox
      The mere issuance of regulations by the minister of health, without clearly indicating the obligation to update the occupational risk assessment, does not yet oblige employers to update in the context of monkey pox. The same, as for now, you can postpone such an update. At least until the National Labor Inspectorate makes a decision on the above issue.
  • Working conditions
    • Remote and hybrid inspections of the National Labor Inspectorate during the epidemic threat (10)
      The abolition of the epidemic and its replacement with an epidemic threat raises not only questions about the obligations directly related to the area of occupational health and safety, but also the inspection procedure carried out by the state Labor Inspectorate. Does the lifting of the epidemic affect the manner in which labor inspectors carry out controls at workplaces? If so, which one?
  • Court case law
    • An employee quits his job. How to deal with such a situation (12)
      With the formation of the employee market, full-time employees more and more often break the provisions of the labor law regarding the termination of employment. The fear of an employment certificate containing a disciplinary entry is replaced by the will to immediately change the employer when the employee is offered better employment conditions. Employers increasingly face the problem of employees quitting their jobs. How to avoid such problems? Or maybe sue a former employee for compensation?
  • The subject of the issue
    • What to pay attention to when training the chimney sweep (14)
      The work performed by chimney sweeps is important for our health and safety, but it carries many risks for employees. In their work, chimney sweeps must keep up with the development of heating technologies, bearing in mind the large variety of heating techniques (with old heating devices still present), which require frequent inspection and maintenance to function properly. During the on-the-job training, it is very important to pay attention to compliance with the requirements of safe work. But not only. Knowing the dangers at the workplace will allow the chimney sweep to carry out his tasks in a life-threatening manner. Properly conducted training will also contribute to reducing the number of accidents at work.
  • Social Labor Inspectorate (SIP)
    • Provision of safe working conditions by the workplace - the basic goal of SIP (18)
      In workplaces with workplace labor organizations, there may also be social supervision over working conditions, i.e. social labor inspection. Contrary to appearances, this inspection has a very wide range of powers, determined in the basic scope by Art. 1 of the act on social labor inspection. How to interpret it? This article started a series devoted to the tasks of social labor inspectors.
  • Health and safety training - experts answer
    • By what document to confirm the withdrawal from periodic training (20)
      Neither the Labor Code nor the regulation on training in the field of health and safety at work specify the manner in which the arrangements referred to in the question are to be carried out. The regulations also do not specify the manner / form of their internal implementation, leaving employers a freedom of choice.
    • Can the contractor (manager) conduct on-the-job training (21)
      The on-the-job training should be carried out by the employer or the employee's immediate supervisor or another person from the plant's management. The contractor is not an employee of the plant and does not perform a managerial function - he should not be appointed to conduct on-the-job training for employees.
  • Accidents at work
    • Employee's fault as the cause of an accident at work - analysis (22)
      The provisions of the Act do not define the terms "gross negligence" or "intention". In this regard, courts often use the terminology contained in the Penal Code. Indication of the employee's sole fault in the accident report requires thorough investigation by the accident team. Check on an example what doubts may arise.
  • Health and safety instructions
    • Safety instructions in case of fire (24)

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