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Legal Aspects of Occupational Health and Safety - Module-I
Legal Aspects of Occupational Health and Safety - Module-I
Legal Aspects of Occupational Health and Safety - Module-I
The subject of protection in “labour protection” is man and his health. Labour protection is a
system of legal guarantees that serve to safeguard human health and life in the work process. The
guarantees cover the content of all labour law standards established in the interest of employees
and protecting their interests. This includes also the labour law standards which directly serve the
purpose of protecting employees’ health from hazards that may arise in the work process.
Due to the variety of production, technological, research and teaching processes it is impossible
to regulate everything by means of general regulations. Moreover, it should be noted that
universities have their own specificity and that health and safety regulations are changing at a
slower pace than science and technology.
The following material is an attempt to present the standards and principles of work safety,
compliance with which will help to avoid risks that students and doctoral students may encounter
during classes at the university, as well as proper conduct should any risk or accident occur.
4 I. SOURCES OF POLISH LAW, INCLUDING
LABOUR LAW
The sources of the universally binding law of the Republic of Poland are:
✓ The Constitution
✓ Legal acts
✓ Ratified international agreements
✓ Regulations
✓ Local law acts (in the area of operation of the bodies that adopted them)
✓ Polish standards
5 THE CONSTITUTION
The most important legal act (the supreme law of the Republic of
Poland), passed on 2 April 1997 by the National Assembly,
approved in a nationwide referendum on 25 May 1997.
Announced in the Journal of Laws of 1997 No 78 item 483,
entered into force on 17 October 1997.
The Constitution consists of the preamble and 13 chapters,
including 243 articles.
źródło:democracyok.org
Relevant articles of the Constitution regarding labour-related rights:
6
✓ Art. 24
Work shall be protected by the Republic of Poland. The State shall exercise supervision over
the conditions of work.
✓ Art. 66
Everyone shall have the right to safe and hygienic conditions of work. The methods of
implementing this right and the obligations of employers shall be specified by statute. An
employee shall have the right to statutorily specified days free from work as well as annual
paid holidays; the maximum permissible hours of work shall be specified by statute.
7 LABOUR LAW
• Regulation,
a normative act of a lower order than a law, issued by
a supreme executive body (President, Council of Ministers,
Prime Minister, etc.), on the basis of a specific authorization
contained in a law for its implementation.
• Polish standards,
national standards, adopted by consensus and approved by the źródło: tehnovar.com
national standardisation body – Polish Committee for
Standardisation; publically available and marked with the
symbol PN. Their use is voluntary.
Standardisation is carried out in order to:
10
✓ rationalise production and services by applying recognised technical rules or technological
solutions,
✓ remove technical barriers to trade and prevent their formation,
✓ ensure the protection of life, health, the environment, and the interest of consumers, as well as work
safety,
✓ improve the functionality, compatibility and interchangeability of products, processes and services,
and to regulate their diversity,
✓ ensure the quality and reliability of products, processes and services,
✓ promote national interests in European and international standardisation,
✓ facilitate communication by defining terms, definitions, signs and symbols for general use.
11 LOCAL LAW ACTS
Are issued by units of state administration (voivodes) and local government (Commune and
Poviats Councils, Voivodship Seyms) on the basis and within the limits of authorisation
contained in a law. Are valid in, respectively, voivodships, poviats and communes.
Voivodes may also issue order ordinances in matters not regulated by laws and other
generally applicable regulations if it is necessary to protect life, health or property, or to
ensure order, peace and public safety. Order ordinances are announced in public
announcements or in another manner customarily adopted in a given area, and in the mass
media.
12 WORKPLACE REGULATIONS
In labour law, the rights and obligations of the employer and the employee arise not only
from generally applicable acts and regulations but also from regulations applicable only to a
given organisation and its employees. These are company regulations, including mainly
workplace regulations and collective agreements.
The employment relationship within an organisation is regulated by various collective
agreements and statutes.
There are also rules of occupational health and safety that are not specified in legal
regulations. These are rules of safe conduct required in the performance of specific work or
activity, resulting from experience as well as scientific and technical reasons.
13 OHS INSTRUCTIONS
§ 41 of the Regulation of the Minister of Labour and Social Policy of 26 September 1997 on generally health
and safety regulations obliges employers to prepare OHS instructions for individual workstations.
OHS instructions concern:
✓ technological processes used in the workplace and the performance of work exposing employees to
accident or health hazards,
✓ operation of machines and other technical devices,
✓ handling materials that are harmful and dangerous to employee health,
✓ providing first aid.
Instructions should comprehensively specify the following:
✓ activities that should be performed before beginning given work,
✓ principles and methods of safe work performance,
✓ activities to be performed after finishing work,
✓ rules of conduct in emergency situations posing a threat to the life or health of employees.
14 INTERNAL LEGAL ACTS OF THE UNIVERSITY OF
WARSAW
The operation of the University of Warsaw is regulated by a set of internal regulations, namely:
✓ Statute of the University of Warsaw
✓ Organisational Regulations of the University and Units
✓ Work Regulations
✓ Rules of Study
✓ UW Senate resolutions
✓ Rector’s orders
✓ Chancellor’s orders
✓ Circular letters
All internal legal regulations are posted on the website of the UW Monitor:
www.monitor.uw.edu.pl
15 Statute Of The University Of Warsaw
The statute determines the shape of a given university, defines the principles of cooperation
between its faculties and units, and sets the framework and principles of operation.
Pursuant to the new Law on Higher Education and Science, in force since autumn 2018,
Polish universities were obliged to adopt new statutes reflecting the changes in national law
within one year. Their preparation is a task of university rectors, while their adoption – of
university senates.
The UW Senate adopted the new Statute of the University of Warsaw on 26 June 2019.
It will enter into force on 1 October 2019 (Resolution No 443 of the UW Senate of 26 June
2019 on adoption of the Statute of the University of Warsaw).
16 Responsibility for health and safety at the University
Responsibility for health and safety in the workplace (University) is borne by the employer i.e. the
Rector, who decides whether or not to grant financial resources for the performance of health and
safety tasks.
In a situation of direct threat to employees’ life or health, their direct supervisor/ the Rector is always
obliged to stop the work/ study performed and not to restart it until the threat is removed.
All employees, students and doctoral students of the University of Warsaw are obliged to comply with
the health and safety regulations on its premises.
These regulations are also applicable to classes organised off-campus.
Non-observance or violation of the above provisions has specific official and legal consequences. The
provisions concerning students apply both to the persons receiving education and those participating in
practical or technical classes at the University.
17 Organisational regulations of the University of Warsaw
The University of Warsaw is both a place of study for its students and doctoral students and a place of work for its staff. In
educational institutions, like in other workplaces, health and safety issues are regulated by the Labour Code, together with its
executive acts, general regulations regarding specific categories or types of work, and internal legal regulations.
Whenever the term ‘employer’ is used in the provisions of the Labour Code, it always refers to the Rector. He is the supervisor of
the University's employees, students and doctoral students.
✓ organizational structure,
On 19 June 2019, the UW Senate passed a resolution adopting the new Rules of Study at the
University of Warsaw.
The Rules of Study defines the organisation and course of studies at the University as well as the
rights and obligations of its students. The provisions of the Rules apply to first-cycle studies, second-
cycle studies and long second-cycle studies in both full-time and part-time forms, offering guidelines
regarding course credits and exams, as well as degree thesis and diploma examination.
The student is obliged to follow the content of the oath and the regulations in force at the university.
19 II. SUPERVISION AND CONTROL OF
WORK/STUDY CONDITIONS
• State supervision over work/study conditions is exercised, among others by:
✓ State Labour Inspectorate
✓ State Sanitary Inspection
✓ Office of Technical Inspection
✓ Other state bodies, such as Construction Inspection and Prosecutor’s Office.
• Internal supervision over work/study conditions is exercised by:
✓ OHS service
✓ Social Labour Inspection
✓ Trade Unions
20 NATIONAL LABOUR INSPECTORATE (NLI)
✓ Managing the activities of the Chief Labour inspector and district Labour Inspectors.
✓ Examining appeals against the decisions of district labour inspectors.
✓ Developing annual and multi-annual NLI action programmes.
✓ Exercising general supervision over:
- compliance with labour law,
- fines proceedings in misdemeanour cases,
- giving opinions about draft legal laws regarding occupational health and safety,
- initiating projects for the implementation of technological progress in the field of OHS,
- granting and revoking the rights of an expert in OHS.
22 Labour Inspectors
Are authorised to carry out unannounced inspections of compliance with labour law at any hour
of day or night, in particular the status of OHS regulations and legality of employment. Labour
inspectors carry out inspections after showing their professional ID and authorisation to conduct
a given inspection. Inspection findings are documented in the form of a protocol.
Based on findings made during the inspection, labour inspectors:
✓ make decisions,
✓ file requests,
✓ take other actions if the right or obligation to take them arises from separate provisions.
A decision of the Labour Inspector issued to the controlled entity in writing may be appealed
against to District Labour Inspector within 7 days from the date of its receipt.
23 Tasks Of National Labour Inspectorate
✓ Supervision and control over labour law regulations: health and safety regulations and rules,
employment relationship, remuneration, working time, holidays, rights related to parenthood,
employment of juveniles and disabled persons,
✓ Participation in the acceptance into service of newly constructed or reconstructed buildings,
within the scope determined in separate regulations,
✓ Control of products placed on the market in terms of their compliance with health and safety,
✓ Checking the legality of employment, other paid work, conducting business activity, also by
foreigners,
✓ Controlling compliance with OHS regulations when designing, reconstructing and
modernising workplaces, as well as their machinery, other technical equipment and
technologies,
✓ Providing information regarding minimum employment conditions at the written request
24 of the interested party,
✓ Giving opinion on draft legal acts regarding labour law and initiating legislative work in
this field,
✓ Initiating projects implementing technological progress in the field of occupational
health and safety,
✓ Presenting proposals on teaching and training in the field of occupational health and
safety,
✓ Conducting publishing and promotion activity in the field of labour protection,
✓ Participation in the work of government commissions investigating accidents at work,
✓ Preparing and submitting information and reports,
✓ Granting and revoking the rights of an expert for health and safety at work,
✓ Control of compliance with health and safety requirements set out in the Act of 22 June
2001 on genetically modified microorganisms and organisms (Journal of laws of 2007
No 36 item 233),
✓ Cooperation with environment protection authorities in the scope of controlling employers’
25 compliance with regulations on counteracting threats to the environment,
✓ Prosecution of offences against employee rights specified in the Labour Code,
✓ Undertaking activities in the field of researching and analysing harmful and onerous factors in
work environment.
In addition, National Labour Inspectorate supervises and controls the assurance by the employer
of safe and hygienic conditions of classes held on its premises for students and participants who
are not their employees.
26 Powers Of National Labour Inspectorate
In the case of asserted violation of labour law provisions or provisions regarding the legality
of employment, competent NLI authorities have the right to:
✓ Order the removal of identified deficiencies within a set time limit, if the violation
concerns the provisions and rules of OHS,
✓ Order the suspension of works or activity if the violation poses a direct threat to the life
or health of employees or other people performing these works or activity; refer to other
work employees or other people allowed to work in violation of applicable regulations in
prohibited, harmful or onerous conditions, as well as employees or other people who
have been allowed to work in onerous conditions without appropriate qualifications –
orders in these matters are subject to immediate execution,
✓ Order to stop the operation of machinery or equipment in a situation when their use poses a
27 direct threat to people’s life or health – orders in these matters are subject to immediate
execution,
✓ Prohibit work or activity in places which may pose a direct threat to people’s life or health
due to poor work conditions - orders in these matters are subject to immediate execution,
✓ Order to stop work or specific activity if the health and safety conditions threaten the life or
health of employees or natural persons who work on the basis other than employment
relationship, including self-employed people,
✓ Order to establish, within a set time period, the circumstances and causes of the accident,
✓ Order the employer to pay due remuneration for work as well as other benefit to an employee
– orders in these matters are subject to immediate execution,
✓ Order the employer to remove other identified violations and draw consequences in relation
to those responsible for them.
28 Control proceedings
Inspections are carried out by labour inspectors, who operate under the territorial jurisdiction of
District Labour Inspectorates. The control proceedings are aimed at determining the actual status
of compliance with health and safety regulations and rules, as well as the legality of employment.
In course of control proceedings, the labour inspector has right to:
✓ Freely access the premises, buildings and rooms of the controlled institution,
✓ Inspect buildings, rooks, workstations, machinery and equipment as well as technological and
work processes,
✓ Request written and oral information from the controlled entity and all its current and past
employees, as well as the persons who have worked for that entity on a basis other than the
employment relationship, in the matters under control, and to summon and interrogate these
persons in connection with the conducted inspection,
✓ Request to be shown documents regarding the construction, reconstruction, modernisation or
29 establishment of the workplace; blueprints and technical drawings, technical and technological
documentation, results of expert opinions, research and measurements regarding the controlling entity’s
production or other activity, as well as to be provided with samples of raw materials and other materials
used, produced or generated in the production process in the amount sufficient for analysis and
examination, if related to the conducted inspection,
✓ Request the submission of personal files and all documents related to the performance of work by
employees and people working on an basis other than the employment relationship,
✓ Become familiar with the decisions issued by other authorities involved in the control and supervision
of work conditions, as well as their implementation,
✓ Record the course and results of the inspection using the devices and technical means used to capture
the image and sound,
✓ Make copies or extracts of documents as well as statements and calculations prepared on their basis, and
if necessary, require them from the controlled entity,
✓ Check the identity of the persons performing work or staying on the premises of the controlled entity,
interrogate them and ask for statements regarding the legality of their employment or business activity
✓ Use experts, specialists and accredited laboratories.
30 STATE SANITARY INSPECTION
źródło: www.gis.gov.pl
31 Tasks Of The State Sanitary Inspection
Performance of tasks consists in exercising preventive and ongoing sanitary supervision, carrying out preventive and anti-
epidemic activities in the field of infectious and other diseases caused by environmental conditions, and conducting health-
education activities through:
✓ Supervising the maintenance of proper sanitary conditions of real property, workplaces, institutions and public
transport,
✓ Supervising health conditions of the work environment, and especially preventing the occurrence of occupational
diseases and other diseases related to working conditions and hygiene of teaching processes,
✓ Controlling compliance with the provisions of the Act of 22 June 2001 on microorganisms and genetically modified
organisms in the scope of occupational hygiene in genetic engineering facilities,
✓ Controlling compliance with the provisions on putting biocidal and active substances on the market and using them in
professional activity,
✓ Agreeing, in terms of hygiene and heath requirements, project documentation regarding the construction and re-
purposing of buildings and inland water and air vessels, as well as new materials and technological processes prior to
their use production or construction,
✓ Initiating projects and research studies in the field of preventing the negative effects of physical, chemical and
biological factors and phenomena on human health.
32 Powers Of State Sanitary Inspection
✓ Entry, upon the presentation of an authorisation and a professional ID and without the need to obtain a
pass, to premises and facilities where there are technical devices or equipment for the recovery of fuel
vapours.
✓ Free movement around these premises and facilities, unless separate provisions state otherwise.
✓ Access to technical devises or equipment for the recovery of fuel vapours.
✓ Right to request information, documents and research results from the entrepreneur.
✓ Conducting periodical and ad hoc technical tests of technical devices for the recovery of fuel vapours in
course of their operation.
✓ Conducting, at set dates, inspections, tests, measurements and other activities necessary to determine the
state of a technical device, the correctness of its use, maintenance and modernisation, as well as the
correctness of manufacture of specific materials and elements used in the production, maintenance and
modernisation of the technical device.
✓ Issuing technical recommendations.
The inspector shall make a protocol from the conducted activities of technical supervision,
37 in a written and electronic form, while the entrepreneur who was subject to technical
inspection or the person authorised by them shall confirm the receipt of the protocol.
The entrepreneur who was subject to the activities of technical supervision shall store the
protocols regarding a given technical device or device for the recovery of fuel vapours in
paper or electronic forms in the so-called Device Review Book.
Act of 21 December 2000 on technical supervision (Journal of Laws of 2019 item 667;
uniform text: 10 April 2019).
38 Scope Of Activity Of Office For Technical Inspection
✓ Supervision and control of compliance with technical supervision regulations, as well as technical safety
regulations and rules regarding technical devices.
✓ Performing technical supervision over technical devices, to the extent specified by the statute.
✓ Issuing decisions on matters arising from the performance of technical supervision.
✓ Analysing the causes and effects of damage to technical devices and constant assessment of the degree of
danger posed by these devices.
✓ Popularizing the issues related to safe operation of technical devices and organising consulting in this
field.
✓ Cooperation with Polish and foreign institutions in activities aimed at harmonising the regulations on
technical supervision with the requirements of the European Union.
✓ Certifying the quality systems for technical devices.
39 OHS SERVICE
✓ Supervision and control over working conditions and compliance with health and safety regulations, as well as consulting in the field of
OHS and ergonomics.
✓ Initiating activities aimed at improving working conditions, maintaining ergonomic requirements at workstations and in manufactured
products, as well as popularizing knowledge about OHS and ergonomics.
✓ Cooperation with health service in the organisation of medical examinations and preventive care, and with the employee service and
other organisational units in conducting OHS training and professional orientation of new employees.
✓ Cooperation with trade unions, social labour inspection and external supervisory authorities.
✓ Giving opinions on job instructions and consultancy regarding the selection of appropriate means of personal and collective protection.
✓ Participation in accident investigations.
✓ Participation in the acceptance of newly built or modernised work rooms.
✓ Informing the employer, on an ongoing basis, about identified occupational hazards and making proposals regarding their removal.
✓ Preparing and presenting to the employer, at least once a year, periodic analyses of the state of health and safety at work, containing
proposals for technical and organisational measures aimed at preventing threats to employee life and health and improving working
conditions.
41 Powers of OHS service
✓ Carrying out inspections of the state of health and safety at work as well as compliance with regulations and
rules in this regard in the workplace and in every other place where work is performer.
✓ Presenting to persons managing employees recommendations to remove the identified accident threats and
occupational harmfulness as well as health and safety deficiencies.
✓ Submitting applications to the employer for rewarding employees who excel at activities aimed at improving
health and safety conditions.
✓ Requesting the employer to apply ordinal penalties in relations to employees responsible for neglecting their
duties in the area of OHS, to immediately stop a machine or another device in case of a direct threat to life and
health of the employee or other persons.
✓ Immediate removal from work of an employee performing prohibited work.
✓ Immediate removal from work of an employee who creates a direct treat to own or other persons’ life or health
through their behaviour or manner of preforming work.
✓ Requesting the employer to immediately suspend work in the workplace or its part, or another place designated
for work by the employer, in the event of a direct threat to the life and health of employees or other people.
42 SOCIAL LABOUR INSPECTION
Represents the interests of all employees in a work establishment and its activity is managed by
trade organisations – the Act of 24 June 1983 on social labour inspection (Journal of Laws of
2015 item 567 of 24 April 2015).
Social labour inspectors are elected and dismissed by the employees. The term of office of the
social inspector is 4 years.
The employer may not give notice or terminate the contract of employment with an employee
performing the function of a Social Labour Inspector during the term of the mandate and within a
year from its expiry, unless there are reasons justifying termination of the employment contract
without notice. In such a situation, the employment contract may be terminated after obtaining
the consent of the competent statutory body of the trade union organization.
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