BHP w Firmie (Work safety in the company) 2020/225

  • Subject of the issue: OSH service and social Labor Inspectorate during the COVID-19 epidemic - selected problems and issues

  • Amendments to the provisions on medical examinations are to reduce their costs - draft regulation
    Changes are planned to the provisions on medical examinations of employees. The justification of the draft regulation shows that the proposed changes are a response to the need to rationalize the performance of preventive medical examinations of employees. What are the planned changes about?

  • How to measure the temperature of an employee in accordance with the GDPR?
    Can an employer measure the temperature of its employees only on the basis of the employee's consent?

  • Employee sobriety testing during an epidemic
    Employee sobriety testing before the epidemic raised many doubts. The more so now, when the threat of Covid-2 is high, the problem of using breathalyzers returns. It is known for certain that the use of breathalyzers with replaceable disposable mouthpieces is less likely to expose employees to coronavirus infection, unlike contactless breathalyzers. However, the question remains, can the employer check the sobriety of an employee with a breathalyzer? Do the regulations directly indicate the basis for such an examination?

  • Correct air ventilation in work rooms and COVID-19 hazards
    The threat of COVID-19 is likely to stay with us for longer. Preparing for the restart of workplaces, many changes were introduced to workplaces on the basis of official guidelines. Appropriate distances, apertures or personal protective equipment are not all that is worth taking care of. It is also very important to properly ventilate the air in work rooms, because it allows you to limit the spread of coronavirus. Research shows that improper air circulation increases the risk of coronavirus infection, but also other viruses, of people in rooms. How to ensure proper air exchange in work rooms and reduce the risk of illness among employees?

  • "High probability" sufficient to establish an occupational disease
    The finding of an occupational disease is admissible not only when it cannot be undisputed that the disease listed in the list caused the action of factors harmful to health, occurring in the work environment or manner of work, but also when the causal relationship can be established with a "high probability. " Thus, even this "high probability" is sufficient to establish the occupational aetiology of the disease. If it has been demonstrated that the factors existing in the work environment have an unquestionable influence on the employee's health, even the possible demonstration of coexistence of non-occupational factors cannot result in a refusal to state an occupational disease. This effect could only be achieved by demonstrating that the disease was caused only by non-occupational factors. This problem was considered by the Provincial Administrative Court in Gliwice.

  • The employee did not undergo medical examinations - can he be dismissed?
    Article 211 (4) of the Labor Code indicates that the employee is required to undergo initial, periodic and control tests as well as other prescribed medical examinations and follow medical instructions. This obligation is a basic obligation. What if the employee does not submit to the tests ordered by the employer? Can such employee behavior be the basis for terminating the employment relationship?

  • Video monitoring in the workplace - on what terms?
    According to art. 207 § 2 of the Labor Code, the employer is obliged to protect the health and life of employees by ensuring safe and hygienic working conditions using appropriate achievements of science and technology. This obligation is essential in the context of ensuring safe working conditions for all employees. The employer has the obligation to exercise effective supervision over the work process. Video monitoring is a special form of supervision over safe working conditions. It can be used in particular when it is necessary to provide employees with safe working conditions. It should be remembered, however, that when making a decision about entering it into a camera work establishment, the employer must be aware of the restrictions associated with their use and that the monitoring of the work process is subject to control by labor inspectors. Under what conditions can he use the monitoring? Can monitoring be used in all premises of the workplace?

  • OSH requirements as a car body worker
    The tinsmith performs production, renovation and modernization, as well as prototype works in the field of machining and shaping of elements made of sheet metal and shaped profiles for the needs of the automotive industry with the use of machines, specialized equipment as well as locksmith, assembling, manual and mechanically driven tools, as well as with the use of control and measuring instruments. Due to the wide range of activities and duties at this workplace, the car body worker is exposed to many harmful, onerous and dangerous factors that have a direct impact on work safety. Due to its specificity, the work of a car body worker is subject to many safety-related requirements. To organize safe work, you need to know all these requirements. You will find them in this article.

  • Restarting workplaces and verification of risk assessment
    Recently, employers have often been reminded of the need to update / verify occupational risk assessment in the context of restarting workplaces. You must be aware that occupational risk assessment is not a one-time activity performed once and for all. When should it be verified? How often should you review and further assess your occupational risk?

  • Dangerous fire works - what they are and how to prepare for them
    Which regulations define fire-hazardous works and what is worth knowing about entrusting employees with such works?

  • Safe work when cleaning steel structures - practical tips
    We intend to organize work involving the cleaning of steel structures. It is known that such work is associated with numerous health threats not only to employees, but also to bystanders. How then to ensure the proper organization of work to ensure the safety of employees and people around them? What OSH requirements should such works meet? What personal protective equipment should be provided for employees working on cleaning steel constructions?

  • What determines the amount and type of personal protective equipment?
    Pursuant to the Labor Code, the employer has an obligation to protect the health and life of employees by ensuring safe and hygienic working conditions with appropriate use of scientific and technical achievements. One of the elements of implementing this obligation is to provide employees with necessary personal hygiene measures. What determines the amount and type of these funds? In what document should the norms allocate these funds?

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