ATEST - ochrona pracy (Certificate - work protection) 2023/01
- Category: ATEST
- Published: Tuesday, 17 January 2023 14:25
- Written by Grzegorz Makarewicz
- Hits: 538
- Changes in the statistical sheet of accidents at work
On January 1, 2023, the regulation of the Minister of Family and Social Policy of December 9, 2022 on the statistical accident card (Journal of Laws of 2022, item 2750) entered into force, which replaced the previous one (of January 7, 2022). 2009).
- More inspections by the National Labor Inspectorate this year
After the pandemic period, it will be possible to meet labor inspectors in Polish companies again more often. The National Labor Inspectorate announced an increase in the number of inspections this year. As we read in her work plan: she intends to carry out 60 thousand. control. It also devotes more and more time and resources to activities in the field of accident prevention and broadly understood promotion of labor protection.
- Specifics of marine yacht accidents
The inspiration for writing the following text was an article by Dr. Maciej Kijowski entitled "On the suicides of Polish seafarers on sea ships and their faking in order to cover up the traces of homicides and accidents at work" published in issue 7-8/2022 of Atestu. The article draws attention to the specificity of work on a ship, which, according to Dr. Kijowski results in a significant number of suicides. This specificity consists of isolation (despite being in a group), long periods of lack of personal contact with family, fatigue and working conditions that are different from those on land. The ship, despite modern means of communication, is lonely at sea and dependent on the skills of the captain and crew. The same can be said about a sea yacht. In both cases, it is often impossible to correct the decision made, "drive to the side of the road", remove the fault by roadside assistance, etc. The sea is ruthless and reveals all errors, including seemingly insignificant shortcomings, carelessness and mediocrity.
- A draft amendment to the code provisions on fixed-term employment contracts
Amendment1, which is to implement into the Polish legal system the provisions of two directives, i.e. Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L no. 186, p. 105) and Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (Official Journal EU L No. 188, p. 79) will also introduce changes to fixed-term employment contracts. This material brings the essence of these changes closer.
- Amendments to the regulation on testing and measurement of factors harmful to health
On January 3, 2023, the regulation of the Minister of Health of December 12, 2022 came into force amending the regulation on testing and measurement of factors harmful to health in the work environment (Journal of Laws of 2022, item 2662). The amendment introduced changes to the Regulation of the Minister of Health of February 2, 2011 on testing and measurement of factors harmful to health (Journal of Laws, item 166) issued on the basis of art. 227 § 2 of the Act of June 26, 1974 - Labor Code.
- Can low performance of an employee be the reason for termination of the employment contract?
An employment contract is a contract of due diligence, not a contract of result. Therefore, the employee cannot generally be expected to achieve a specific result, only to perform his duties diligently. We talk about various problems related to these regulations with Marta Gazda from the Katowice law firm JKM i Partnerzy.
- Modernization with a lethal effect
The fall from a height and, as a result, the victim's death occurred in a building undergoing general renovation, modernization and reconstruction, including on the replacement of ceilings with a wooden structure for ceilings made of steel I-beams filled with WPS type boards (Wrocław floor slab). A fifty-something carpenter with over twenty years of professional experience in the construction and renovation industry was injured.
- Workers Particularly Vulnerable to Dangerous Substances (3) Lesson 154
This factsheet provides practical guidance on legal obligations and good practice for vulnerable workers who may be exposed to hazardous substances at work. It is important that risk assessment and prevention measures take into account groups of workers with specific needs who may be particularly vulnerable. The fact sheet summarizes the legal obligations of employers and analyzes specific groups, i.e. new or young workers, migrant or temporary workers, workers with medical conditions, pregnant or breastfeeding workers and female workers.
- Memories of a labor inspector - supplement (part 2)
The first part of the memoirs of the long-time labor inspector, which concerned the years 1972–1977, was published in ATEST 1–4, 7–10/2020. The second part - from the years 1980-1990 - was printed in issues 11/2020-3/2021. In issue 11/2022, we finished the third part, started with issue 4/2021, devoted to the period 1991-2011. The author adds a handful of memories and anecdotes from various periods - we have included them in the supplement to this series of articles. The first part of the supplement was published in the December issue (12/2022). Now we are printing the second, closing the whole of the labor inspector's memoirs. All episodes (available on the Technical Information Portal) are not only a historical story, but also an in-depth analysis of the functioning of the labor inspection, from which it is easy to draw conclusions regarding the current situation of the National Labor Inspectorate and ideas for improving the work of the office.
- New health and safety regulations and labor law
Review of legal provisions published in the Journal of Laws and Monitor Polski in 2022. 140. Regulation of the Council of Ministers of 26 October 2022 amending the regulation on the rules of remuneration for employees who are not members of the civil service corps employed in government administration offices and other employees (Journal of Laws item 2278). Effective date: November 10, 2022
- New Polish versions of standards for personal protective equipment
In the third quarter of 2022, the Polish Committee for Standardization published three standards in the Polish language version harmonized with Regulation (EU) 2016/425 of the European Parliament and of the Council of March 9, 2016 on personal protective equipment and repealing Council Directive 89/686/EEC.
- Work related accident
The relationship between the event and work is broken when the employee, at the time and place designated for work, performs activities directly or indirectly unrelated to the performance of his/her employee duties and does so for private purposes, and in any case other than those related to the employment relationship. Even more so, there is no such connection when the event occurred outside the time and place of work.
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