Aktualności BHP 2018/126(07-08)

  •  News
    • Exemption from periodic training of administrative and office employees suspended in time (1-2)
      Employers wishing to save on the costs of periodic health and safety training of administrative and office employees and on external OSH service must be patient. A change in regulations in this area will not come into force soon. Works on the act to amend, among others in the Labor Code, they are still in progress, and the law is unlikely to go to the Parliament deliberations before the holidays.
    • Check how to use monitoring in post-accident proceedings without breaking the rules of the RODO (3-4)
      Factory monitoring recorded an accident at work. The monitoring film shows that the employee behaves in an inappropriate way and contributes to the accident. Can you use this recording in an accident investigation? Who can you show the video so as not to violate personal data protection regulations (RODO)?
    • Video monitoring must be adjusted by the end of September 2018 (4)
  • Accidents at work
    • Does an accident at work in a state of intoxication mean loss of compensation from the Social Insurance Institution? (5)
      Driving a car in order to perform activities related to a business activity, in a state of intoxication by an injured insured person conducting such activity and causing an accident in which he died, does not mean that the relationship between the activity and the event causing the accident was broken. In such a situation, the entitled person is entitled to one-time compensation.
    • When will the labor inspector ask for an increase in the accident contribution? (10)
      It might seem that the labor inspector may, by virtue of control, direct an order, prohibition, speech or verbal order to the controlled entity. However, the above traditional legal measures do not exhaust the inspector's possible reactions - especially when there are serious breaches in the field of occupational health and safety. In this case, the labor inspector can apply for an increase in the accident contribution by the Social Insurance Institution.
    • Is compensation for an accident at work based on a foreign court judgment subject to PIT (13)
      The taxpayer - a Polish tax resident - received, on the basis of an Icelandic court's judgment, compensation for an accident at work which was paid to him along with interest by the insurer of his former employer. The amount of compensation is exempt from taxation in Poland, but interest on this payment is subject to personal income tax.
  • Number subject
    • How to assess the working conditions of office workers (8-9)
      The care for safe and hygienic work conditions in every enterprise should consist in particular in collecting and processing reliable information on the threats and occupational hazards associated with them at all workplaces, including office workplaces. Conclusions resulting from the occupational risk assessment provide the basis for taking appropriate measures to reduce the likelihood of accidents at work.
  • Working conditions
    • What to look for during an internal health and safety inspection at a catering establishment (6-7)
      One of the best ways to prevent occupational hazards that may result in accidents at work is proper health and safety management. Its basic element is reliable internal health and safety control adequate to the technical and technological conditions in the company.
    • What truck exploitation documents are required during the inspection? (11)
      Should the forklift operators keep a daily book of machine operation if they have personal cards and work records are made electronically? Does every day have to be printed and stored in paper form - to be shown in the event of an inspection? If so, where and how long should these documents be stored?
    • How to determine the organizer of work using forklifts? (12)
      In connection with the upcoming entry into force of the new regulation on occupational health and safety on 10 August 2018 when using forklift trucks, a problem arose with the identification of the work organizer. Who will be the organizer of the work in a situation where work will be carried out on the premises of the enterprise using forklifts, but by another company, for example on commission? Will the employer on whose site the work will be carried out be obliged to verify if the operating operators are authorized, if they have their own equipment? Is there an obligation to issue a written order, even if there is no particular threat to employees?
    • What specific requirements must be fulfilled by ventilation in hygienic and sanitary rooms? (15-16)
      Work in the service of health and safety at work is also a concern for the comfort of employees. This one always translates into the quality and efficiency of work in the company. How to effectively combine these elements on examples of ventilation of sanitary (often neglected) and special rooms. There are, after all, types of work that require special ventilation requirements. If such work is done in your company, being an employee of the OSH service, you should know these requirements and make sure that they are met.

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