BHP w Firmie (Work safety in the company) 2021/239

  • Subject of the issue: Analysis of the health and safety at work as a special duty of the health and safety service during the COVID-19 epidemic
    One of the tasks of the health and safety service resulting from the generally applicable regulations is to prepare and present to the employer, at least once a year, periodic analyzes of the health and safety at work. These analyzes should include proposals for technical and organizational measures aimed at preventing threats to life and health of employees and improving working conditions. The obligation to submit analyzes becomes particularly important during the COVID-19 epidemic. Unfortunately, the provision regulating the obligation to prepare an analysis is constructed very generally and does not answer any doubts relevant to practice. In this article we will try to dispel them.
  • Whether the employer's order to vaccinate is acceptable - the Ministry of Labor is answering
    Questions about COVID-19 vaccination are multiplying. Can the employer give the employee a binding order to undergo this vaccination? Can he himself decide that such vaccination is compulsory in certain locations? Can an employer terminate a contract with an unvaccinated employee? The Ministry of Labor provided answers to these questions. 
  • Vaccinations against COVID-19 and dismissal
    Does an employee who has a scheduled date for vaccination against COVID-19 during work have the right to leave from work? If so, what should the document exempting the employee from work for the time of vaccination look like? We present the position of the labor ministry on this issue.
  • Remote work and sobriety control in the Labor Code - changes are getting closer
    Work on regulations related to remote work and sobriety control of employees has been going on for some time. In the list of legislative work of the Council of Ministers appeared just two draft amendments to the Labor Code. The first concerns the principles of remote work, the second the grounds for employers to conduct preventive sobriety checks of employees. The proposed changes would enter into force in the third quarter of 2021. Check what is to change.
  • Is commuting to work the working time of a mobile worker
    Should the working time of a mobile worker include commuting to the place of performing work and returning from the place of work to his place of residence? Should the hours of these commuting be classified as working time? The Supreme Court focused on such an issue. Check what conclusions he came to.
  • Employment relationship or civil law contract - it is not the name of the contract that matters
    If in the legal relationship between the parties (assessed not only in terms of contractual provisions, but above all by the manner of performance of obligations), the features characteristic of the employment relationship specified in Art. 22 § 1 of the Labor Code, e.g. performance of work of a certain type for remuneration for the employer and under his management, at the place and time designated by the employer - in such a situation there is employment on the basis of an employment relationship, regardless of the name of the contract concluded by the parties . And if the content of the legal relationship is not dominated by the characteristics of the employment relationship, the legal relationship between the parties was not an employment relationship.
  • What should be included in the OHS procedure for electrical power equipment and installations
    According to § 2 of the Regulation of the Minister of Energy of August 28, 2019 on occupational health and safety at energy equipment (Journal of Laws of 2019, item 1830), energy equipment is devices, installations and networks, within the meaning of the provisions of the energy law, used in the technical processes of production, processing, transmission, distribution, storage and use of fuels or energy. But what are consumer energy devices? How to ensure safe working conditions with such devices? What should be included in the OHS procedure for power equipment and installations?
  • Water and other drinks for employees
    The employer is obliged to provide all employees with drinking water or other drinks, and for employees who are employed permanently or periodically, in particularly arduous conditions, provide other drinks in addition to water. The amount, type and temperature of these drinks should be adapted to the working conditions and the physiological needs of employees. Everything seems clear - but, as usual, doubts may arise in practice.
  • What form of work to choose - remote, teleworking, home office, or maybe a hybrid one?
    The time of the COVID-19 epidemic has noticeably changed our current work model. In addition to the existing stationary work, teleworking and home office, a fourth model has emerged: remote work. We must remember, however, that despite the ongoing legislative work, the Labor Code still lacks appropriate regulations for this model of work. What are the consequences of this? How are the various work models different?
  • How to survive the heat at work - instructions for an employee
    Heat waves can make work very difficult, especially when you spend several hours in a non-air-conditioned room. On the other hand, air conditioning can also be a nightmare for an employee who suffers from allergies or easily catches a cold. How to help yourself without forgetting your colleagues? Here is an instruction for an employee on how to ensure comfort and safety at work on hot days. It provides tips on how to survive hot days at work and keep yourself and your colleagues healthy.
  • Periodic training program for employees working as drivers of hazardous materials
    The basis for a properly conducted OSH training is a well-prepared, detailed program. When training employees working as a truck driver, we must take into account that this position belongs to workers or others who are exposed to harmful, burdensome or dangerous factors. To prepare a periodic health and safety training program for employees working as a truck driver transporting hazardous materials, use our template.
  • A serious accident at work during the construction of the viaduct's retaining wall - accident analysis
    The use of inappropriate equipment, the employees' disregard for the hazards associated with the stabilization of the assembled elements, as well as insufficient qualification preparation of the employees led to an accident, which resulted in the employee seriously injured. In this article, we present an accident analysis that will help you avoid similar consequences in your workplace.
  • Shortened working time by the time the employee is entitled to a break - is it allowed
    Does the employer have the right to shorten the employee's daily working time by the duration of the break due to the employee pursuant to Art. 134 of the Labor Code , in return for failure to provide it? Is the above situation acceptable when such a solution is intended to limit the spread of the Sars-Cov-2 virus by minimizing contacts between employees?

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