Praca i Zabezpieczenie Społeczne (Work and Social Security) 2021/03

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Category: Praca i Zabezpieczenie Społeczne

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• The institution of oath in employee and non-employee service relationship (3-9)
  The article concerns the legal institution of taking the oath by persons entering into employee and non- employee service relationships. This institution has a long tradition and its source is the duty of faithfulness. The oath is an act of conventional character performative , which for its effectiveness must meet certain requirements regarding the form and content. Although the acts of oath fulfill a functionally similar role, individual provisions unreasonably differently define the moment when the obligation to take the oath arises and the consequences of its violation (e.g. invalidity of a legal act, dismissal from service, termination of employment). These regulations have an impact on the procedural status of employees and officials of state services related to the pursuit of possible claims.  
• Suspension or reduction of contributions to PPE (10-14)
  Occupational Pension Schemes (PPE), under the third pillar of social security, are a voluntary form of group saving for retirement. The author's considerations concern issues related to institutions that are to encourage employers to create PPE. The possibility of unilaterally suspending basic contributions, reducing their amount and not financing obligatory contributions during the period of economic downtime or shorter working time was analyzed . With regard to the former, the article focuses in particular on the consequences of suspending basic contributions for a single period of more than 90 days or reducing them to an amount lower than 3.5% of the PPE participant's remuneration.
• Autonomous definition of an employer in European social security law. Considerations against the background of the judgment of the Court of Justice of the European Union in the AFMB case (15-23)
  In the case C-610/18, the Court of Justice of the European Union formulated an autonomous definition of an employee in social security law. It ruled that the employer of employees who are drivers of international transport, obliged to pay contributions for insurance benefits to the national social security institution, is - in the light of the provisions of Regulations 1408/2004 and 833/2004 - an entity or a natural person actually, and not fictitiously, employing employees who are actually available to it for an indefinite period and its subordinates. Such an employer actually bears the relevant salary costs of the employees. He is vested with full powers to control and make decisions on the termination of employment relationships with employees. On the other hand, the fact of concluding an employment contract by an entity or a person who does not meet the above criteria does not have legal consequences on the part of the employer , as it does not result in the establishment of an employment relationship.
• The concept of an employee in the Directive of the European Parliament and of the Council (EU) 2019/1152 on transparent and predictable working conditions in the European Union and the concept of an employee in Polish labor law (24-31)
  The aim of the article is not only to define the subjective scope of the new directive on transparent and predictable working conditions in the European Union, but above all to reflect on the concept of an employee functioning in EU legislation. For this purpose, the authors reviewed the occurrence of the concept of an employee on the basis of the key EU legal acts and selected judgments of the Court of Justice of the European Union. On this basis, they identified a number of features that characterize an employee in EU law, and then compared them with the premises of Polish national legislation. They also pointed to the danger of a different understanding of similar premises in EU and national law.

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Aura - Ochrona Środowiska (AURA Environmental Protection) 2021/03

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Category: Aura Ochrona Środowiska

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• Technological curiosities from the world
  A new way of obtaining hydrogen The world needs an alternative to fossil fuels. Not only are they a non-renewable energy source, they are one of the causes of global warming and air pollution. Hence, many scientists around the world are looking for solutions for the so-called the fuel of tomorrow - hydrogen. Although it is a clean fuel, its production poses many technical challenges. Breaking down water molecules is perhaps the most common method of producing hydrogen. There are many ways to do this, but the most effective technologies require electrocatalysts made of expensive metals such as platinum, ruthenium or iridium. The problem is that the known electrocatalysts made of common metals are ineffective in causing the reaction needed to break down the water molecules.
• Obligation to clear mud, snow, ice and other debris from sidewalks along the property
  Question: Is a property owner required to clean a sidewalk along the property but separated from it by a green belt owned by another entity?
• "Cold shower" on the state of the planet - a prerequisite for avoiding a gloomy future
  Although more than half a century has passed since the first warning of the world public opinion about the scale of environmental destruction, its negative consequences and the need for rapid cooperation and action to protect the biosphere (U Thant Report) , the situation worsens dramatically. In January 2021, a group of world-renowned ecologists presented in a report the prospect of a bleak future for the Earth and humanity. In their opinion, biodiversity loss, climate change, overpopulation and over-consumption, combined with ignorance and inaction, are wrecking the world. The scale of the current threats to the biosphere and humanity is so great that it is difficult even for scientists, especially ordinary citizens, to comprehend it. The authors will emphasize that their report is not a call to surrender, but aims to give world leaders a realistic "cold shower". Prof. Ryszard Koziołek, the rector of the University of Silesia, emphasizes that today all scientists are obliged to impart knowledge about the state of the world to the society, because there must be a cognitive shock.
• Oxytree as a chance to reduce the negative effects of human activities in the environment
  The oxygen tree is Paulownia tomentosa, also known as the imperial tree of happiness. Apparently, it was a favorite hangout place for the Phoenix - a bird that systematically reborn from the ashes. The Paulownia has a similar trait to this beautiful magic bird, namely the ability to respawn after being beheaded. It is a beautiful and magnificent tree that comes from the mountains of central China and grows up to 20 m in height in its homeland. Its generic name commemorates the daughter of Tsar Paul I of Russia, Anna Pavlovna. It is interesting that it was the imperial paulownia that was the first plant that appeared and grew on the ruins of the World Trade Center. Historical sources say that these trees have been cultivated in China for over 2600 years, where they are treated as pioneering plants with low soil requirements and exceptionally fast growth, especially in areas with an average annual rainfall of 500-2000 mm.

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Bezpieczeństwo Pracy - nauka i praktyka (Work Safety) 2021/03

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Category: Bezpieczeństwo Pracy

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• Art competition for children and youth entitled "A real real hero wears a mask" (cover page 2)
• Local reports (2)
• 6 medical innovations in 2020 that could change the future (3)
  • Drones transporting medical products between healthcare facilities
  • First-ever Alzheimer's disease test
  • Remote control of pacemakers
  • Implantology eliminates the risk
  • An innovative method of treating injuries of the cruciate ligaments
• Multimedia support the fight against the coronavirus epidemic (6)
  It has been a year of our life in the shadow of the COVID-19 epidemic, and although mass vaccination has begun, the virus is still not going away and the epidemic could be called COVID-19-20. Therefore, efforts to combat it are continuing to ensure that it does not turn into COVID-21. The media, both traditional and electronic, are extremely helpful in this.
• The economy of online platforms and OSH (10)
  The article discusses part of this economy, including platforms that mediate in the paid provision of services. The properties of the economy of internet platforms have been distinguished, which have an impact on the health and safety of service providers. It was found that the way work is organized in the economy of internet platforms has a negative impact on the level of occupational health and safety, creating new threats or increasing the risk associated with the existing ones. It is postulated to continue and deepen research on health and safety in the economy of online platforms in order to identify sources of threats and develop preventive measures in the form of legal and organizational solutions.
• Suicides Polish sailors as one of the causes of death at sea vessels - case and deeds knob in AD (2) (15)
  The second part of the article focuses on the analysis committed suicide, including samounicestwień connected with the sea of people who have taken their lives on land. In addition, the author draws attention to sham suicides (most often killings) and desperate jumps of sailors overboard that are not suicides, although they may resemble them, prima facie suicides. The text ends with a summary in which the author formulates conclusions. One of them is the postulate to include seafarers in suicidological examinations to which policemen were subjected and to recognize sea people as a professional group at a risk of suicide to a degree not less than that of law enforcement officers.

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Bezpieczeństwo Pracy i Ochrona Środowiska w Górnictwie (Work Safety and Environmental Protection in Mining) 2021/03

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Category: BP i Ochr. Śr. w Górnictwie

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• Factors affecting the increase in methane hazard in longwalls in the light of the experiences of the Central Mining Institute
  The publication discusses the factors influencing the level of methane hazard in the areas of longwalls in Polish hard coal mines in the period of implementing restructuring measures, resulting in, inter alia, an increase in extraction concentration. Experiences of GIG Experimental Mine "Barbara", incl. in the field of combating methane and fire hazards in Polish mines and the 20-year cooperation of this scientific and research unit with the State Mining Authority allowed for the development of rules, guidelines and criteria for the assessment of methane hazard, which are tools for practitioners in conditions of gradually increasing methane emission into the environment of the walls . The publication discusses the effects of this cooperation in terms of improving work safety in hard coal mines.
• The impact of mining exploitation in the "Wieliczka" mine on the ground surface
  The article compares the forecasts of rock mass deformation and the ground surface with the observations and measurements performed by the "Wieliczka" salt mine. The voids left after exploitation under the influence of rock mass pressure are subject to the natural process of slow clamping. In order to determine the impact of mining operations on the ground surface, the mine monitors surface and rock mass deformation by means of leveling measurements on the ground surface and convergence measurements in underground workings. Based on these measurements, an analysis of surface subsidence , mine levels and the convergence of excavations was performed in order to obtain the computational parameters used to develop the impact forecast. The forecast was made using a mathematical model to forecast deformation of the rock mass and the terrain surface (the so-called Knothe theory ). The forecast of impacts predicts the occurrence of subsidence of the land surface in a vast zone elongated towards the WE, with several local depression basins within it (Fig. 5-8). The mine measurement results are compared with the forecast results, showing their high correlation. The results of the forecast may therefore constitute the basis for spatial development planning and space development. According to the forecast, in the period from 2012 to 2037, the maximum increase is expected: vertical displacements up to w _max = 0.53 m, horizontal deformations up to ε _max = 2.95 mm / m and slopes in the trough profile up to T _max = 4, 53 mm / m. Above the values correspond at most to category II of the mining area.

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ATEST - ochrona pracy (Certificate - work protection) 2021/03

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Category: ATEST

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• Don't underestimate the screw (3)
• Regulations and standards
  • NDS Changes (2)
  • WHO recommendations for laboratories with SARS-CoV-2 and more (part 1) (4)
  • Compensation due to the employee for lost or damaged items due to an accident at work (12)
  • Polish versions of standards for agricultural and horticultural machinery (15)
  • Material liability of the chief accountant (42)
  • Potato harvesting machines (44)
• People and events
  • Memoirs of a labor inspector from 1980-1990 (part 5) (10)
• Information
  • OSH training in Russian (18)
  • Meeting with the history of OSPSBHP (24)
  • Technologies and security
  • Cracks in bolts (part 1) (20)
  • Safety of human-robot cooperation (26)
• Education
  • Knowledge map as a tool for measuring the perception of OSH among students of construction faculties ( part 1) (34)
  • English for Behapists (lesson 134) (40)
• Permanent columns
  • Contest (25)
  • Everyday technique (32)

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Medycyna Pracy (Occupational Medicine) 2021/01

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Category: Medycyna Pracy

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• Meaning and importance attributed to professional work by women suffering from cancer
  Limiting professional activity is a very difficult experience for people suffering from cancer, whose self-esteem is related to the work performed. Tumors not only often lead to the deterioration of their socio-economic situation, but also lower the assessment of the quality of life of cancer patients.
• Assessment of 25 (OH) D concentration in people with metabolic syndrome working in agriculture
  Data on the nutritional status of vitamin D in the Polish population are incomplete. Vitamin D deficiencies seem common, but no Polish studies have been found that would verify the concentration of 25-hydroxyvitamin D [25 (OH) D] in people intensively exposed to ultraviolet (UV) radiation. The aim of the study was to assess the plasma concentration of 25 (OH) D in people with metabolic syndrome (MS) working in agriculture, the frequency of its deficiency in these people and the relationship between plasma 25 (OH) D concentration and traditional biomarkers of cardiovascular diseases.
• Issuing judgments on the health of employees and job applicants with the use of ICT media
  The applicable law allows the use of information and communications technology (ICT) in the process of providing health services, including preventive examinations. The right to perform preventive examinations with the use of ICT should not be identified with an absolute obligation in this regard. An occupational medicine doctor may refuse to perform a preventive examination remotely if the specificity of medical activities and the patient's safety require personal contact with a doctor. The state of the epidemic prompted the legislator to adopt solutions enabling employees to continue working on the basis of an invalid decision, provided that it expired after March 7, 2020. The obligation to perform periodic tests was suspended, which means that their conduct during the epidemic is pointless. The obligations of the employee and the employer in this regard must, however, be fulfilled not later than within 60 days from the cancellation of the epidemic.
• Effectiveness of hand disinfection depending on the type of nail plate coating - study among nurses in a specialist hospital
  The maintenance of short, unpainted nails by nurses is an essential part of effective hand disinfection. The aim of the study was to check the qualitative microbiological purity of painted nails after hand disinfection, taking into account the varnish type.
• Air disinfection treatments in a dentist's office during the COVID-19 pandemic
  The 2019 outbreak of the coronavirus disease (COVID-19) put tremendous pressure on healthcare systems around the world and exposed their unpreparedness for a major health crisis. During a pandemic of respiratory diseases, dentists are exposed to a high occupational risk of severe acute respiratory tract infection due to direct contact with the oral cavity, body fluids and airborne pathogens of patients. coronavirus syndrome 2 (SARS-CoV-2). The authors systematically searched the literature using major online databases (PubMed, Google Scholar, MEDLINE, UpToDate, Embase and Web of Science) with the following keywords: "CO-VID-19", "2019-nCoV," " Coronavirus "," SARS-CoV-2 "," Dental COVID-19 "," CO-VID-19 dentistry "," Occupational hazard dentistry "," ventilation "," air disinfection "," airborne transmission ", "Disinfection with hydrogen peroxide", "UV disinfection", "ozone disinfection", "plasma disinfection" and "TiO2 disinfection". These included publications on the characteristics of COVID-19, occupational threats to dental staff during the COVID-19 pandemic, and air disinfection methods. They found that due to the conditions of the working environment, dentists' offices and dental staff could become a dangerous source of COVID-19 transmission if proper infection control measures are not implemented. Therefore, safety protocols in dentistry should be revised and additional decontamination methods should be implemented. The authors advise in particular on the use of commonly accepted methods such as bactericidal irradiation with ultraviolet radiation with additional disinfection systems that have not yet been introduced in dentistry, such as vaporized hydrogen peroxide, non-thermal plasma and air filters with photocatalytic disinfection properties. Due to its toxicity, ozone is not the method of first choice for air disinfection in closed clinical rooms.

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Monitor Prawa Pracy (Labor Law Monitor) 2021/01

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Category: Monitor Prawa Pracy

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• News
  • Termination of the employment relationship without notice due to the fault of the employee
  • Unusual remuneration components - tip as an additional equivalent for work
  • Changes in the law
  • What can the American world of work expect from Joe Biden?
• Articles
  • Contractor of a civil law contract as a contribution payer
  • Voluntary departure programs and the concept of "collective redundancy"
  • Minimum wage initiative: a litmus test of the will to develop the social dimension of European integration
  • Data controller and entrusting data processing in temporary employment - contribution to the discussion
  • Determining the amount of the compensatory allowance
  • Gloss to the judgment of the Supreme Court of January 15, 2020, III PK 5/19
  • Disciplinary dismissal - validity of the reasons and deadline for submitting the declaration
  • Reinstatement or compensation - can the court decide which sanction to award?
  • The right to a survivor's pension and the expiry of the maintenance obligation
  • Leave entitlement only for female employees
  • Framework agreement on fixed-term work in the latest case law of the CJ

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Inspektor Pracy (Labor Inspector) 2021/03

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Category: Inspektor Pracy

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• The Parliament: On payment of wages at the Labor Protection Council (3)
  Payment of employee benefits (including remuneration for work) in 2018-2020 and during the COVID-19 pandemic from March 2020 was the leading topic of the Council's meeting on 23 February 2021 Labor Protection.
• In news not only from home (4)
• A sacred right to pay. Consequences of violation of the provisions on remuneration for work (6)
  The National Labor Inspectorate's bodies are involved in "administering justice" to an employer who breaks the provisions on the correct and timely payment of remuneration for work.
• Suspended. Preventive medical examinations during the COVID-19 threat (11)
  Recognizing the need to use restrictions in preventive medical examinations as a measure to prevent the spread of COVID-19, it seems that due to the prolonged state of the epidemic, the withdrawal of from the restrictions introduced in this regard.
• Under the sign of a pandemic. Labor inspection lawyers answered questions from the readers of Dziennik Gazeta Prawna (part 2) (16)
  The cases reported during the telephone call at the editorial office concerned mainly the application of labor law in situations related to the COVID-19 epidemic.
  • What are the most important OHS obligations in the current epidemic situation that the employer should implement?
  • How to organize training for employees during a pandemic, for example in the field of health and safety?
  • Do employees have to undergo periodic or initial medical examinations?
  • What do labor inspectors pay attention to in the first place when it comes to the proper adaptation of the employer to the epidemiological situation?
• No/Safe Operation of Industrial Trucks (18)

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Praca Socjalna (Social Work) 2020/06 (11-12)

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Category: Praca Socjalna

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• Information for readers
  • Social Work Library (5)
• For reflection
  • SARS-CoV-2 coronavirus, or COVID-19, that changed the world, our world (7)
  • Occupational activity of older people on the labor market overshadowed by the coronavirus pandemic (21)
• Between theory and practice
  • Supporting family as a form of family support (35)
  • Implementation of the Act on supporting the family and foster care system in the field of adapting care and educational facilities to new standards (45)
  • The potential of peer volunteering as a complementary form of support for a professional system of social services (59)
  • Human rights in social work. Validation of instruments for measuring the level of involvement and exposure of social workers to human rights. Polish adaptation of the scales Human Rights Eng a gement in Social Work and Human Rights Exposure in Social Work (78)
• In the field of penitentiary issues
  • Empathy and burnout in employees of the Prison Service (99)
  • The concept and example of assistant assistance as a form of support in social readaptation of prisoners in the context of the activities of the Roman Catholic parish (117)
• Closer to the right
  • Cash benefits from social assistance in the light of the jurisprudence of administrative courts - selected issues. Part 1 (135)
• Reviewers in 2020 (171)

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