Aktualności BHP (OSH News) 2019/134 (01)

  • Health and safety regulations
    • Why employees from Ukraine do not undergo OHS training (1-2, 5)
      According to the report "Safety at work in Poland in 2018, as many as 56% of workers from Ukraine employed by Polish employers did not receive OHS training. Unfortunately, this is reflected in the accident statistics. As many as 18% of respondents declared that they had suffered an accident in the last two years.
    • What documents are necessary in the event of an accident at the work of an employee delinqued for work in the EU (1, 3)
      What is the post-accident procedure, if an employee from Ukraine employed under a contract of employment in Poland as a driver, a place of EU work, suffered an accident in Germany, where was the employee in the hospital? The employee then returned to Poland, handed over the treatment documents and returned to Ukraine and continued treatment there. Should a certificate of fitness for work be issued by a doctor in Poland or a doctor from Ukraine?
    • New health and safety at school rules (4)
      Instead of the new health and safety regulation in schools, there are only changes to the current one that entered into force on November 29, 2018. These changes impose new duties on the school head and those dealing with health and safety at school issues. Among them is the obligation to provide: first aid training for all school staff, space for leaving textbooks and school supplies.
    • Technical conditions of UTB's technical supervision according to the new rules (8)
      On 6 December 2018, the provisions of the new regulation on the technical conditions for technical supervision in the field of operation, repairs and modernization of handling equipment entered into force. This regulation is aimed at unification of dispersed provisions regulating the technical conditions of technical supervision for devices of transport in three different legal acts. The provisions of the new regulation are intended to improve the operational safety of these devices.
    • New regulations on health and safety at power equipment in preparation (11)
      At the end of the year, the regulation of the Minister of Energy on health and safety at work is planned for energy devices. This is one of the most important regulations for a measuring electrician, because it significantly affects the way of measuring work (code-related measuring works are considered to create a potential threat to human health and life) and also have a de facto impact on costs and time of measurements.
  • Case law with a commentary
    • Does the financial situation of the employer affect the amount of compensation (6)
      If the behavior of the employer after an accident at work, which was caused by the failure to ensure safe and healthy working conditions, violated the rules of social coexistence, his allegation of limitation of part of the claim of the aggrieved employee may not be taken into account despite the passage of time. In addition, the financial situation of an employer, which, without complying with health and safety regulations, contributed to an accident at work, does not affect the amount of compensation.
    • Should inspectors receive protection measures from a controlled employer (7)
      An employer subject to control exercised by a public authority is obliged to provide employees of this body, performing control activities, with appropriate protective measures provided for in health and safety regulations. The absence of such measures does not justify refusal to undergo control activities and may lead to the imposition of procedural penalties on the employer.
  • Accidents at work
    • Regulations of the REDO and the person to be notified in the event of an accident at work (9)
      An accident at work gives rise to specific duties, both on the part of the employer and the injured person - assuming that the event does not have the characteristics of a fatal accident with immediate effect. One of the employer's obligations is to notify about the accident at work of the person indicated by the employee in the personal questionnaire. Remember, however, that this person must be indicated and agree to the processing of its data for the purposes of fulfilling the information obligation.
  • Working environment
    • How to equip the wheelchair to ensure work safety (10)
      Every motorized truck operator is a participant of the traffic along internal roads: in production halls, warehouses or on storage yards. When carrying out transport work, it must ensure safety for itself, other road users and persons involved in transport work as well as outsiders performing their tasks in various places of the plant.
    • What protective gloves should be used by public toilet cleaners (12-13)
      What protective gloves should cleaners use when cleaning public toilets? Should they use protective gloves against micro-organisms and with increased protection? What minimum protection category should be? What is the situation when they clean different sanitary rooms, or for gloves with increased protection, apply one-time, is there any other solution not to transfer microorganisms?
    • Dates of performing electrical measurements for buildings and facilities (13)
      When do you need to inspect and measure electrical installations in buildings and work places?
    • How many people should be designated for safeguards working in confined spaces (14)
      How many people must be at work and belaying in a sewage well, and how many workers do the maintenance work on a clean water pumping station?
  • Work safety documents
    • Checklist for fire safety assessment during school events at educational facilities (15)
      When preparing a school event at an educational facility, the fire safety requirements and conditions must be assessed. If you get only positive answers, you can hope that the event will be safe in the field of fire protection. Negative answers to questions will show you what needs to be improved to ensure the safety of participants in the school event.
    • Employers' declaration on the introduction of video monitoring (16)
      In the case of video monitoring, the employer will be responsible for informing employees about the implementation of monitoring, in the manner accepted by a given employer, no later than 2 weeks before its launch. In addition, the employer's duty is to provide the employee before allowing him to work, in writing, information about the purpose and scope and the method of using video monitoring. The employer can fulfill this obligation by using this model statement.
    • Consent to transfer monitoring recordings (16)
      Video monitoring in connection with the provisions of the RODO has been regulated in the Labor Code. The premise for its introduction is widely understood safety considerations at the employer's. It can therefore be assumed that it is permissible to use its records for training purposes. However, due to the lack of detailed indications regarding the principles of using the provisions of workplace monitoring as part of OHS training, in case the registered images allow identification of persons, then they should be allowed to use their image for training purposes.

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