Aktualności BHP (OSH News) 2019/146 (09)

  • Recipes with commentary
    • What changes will be the recognition of the qualifications of the operator of earth moving equipment and scaffolding fitter (3)
      Coming soon qualifications incl. the operator of earthworks equipment, the operator of machinery and equipment for the production of concrete, the scaffolding fitter, obtained in another EU country or EFTA member states, will be approved by the Łukasiewicz Research Network - Institute of Mechanized Construction and Rock Mining on the basis of a new regulation. Where does this change come from and what qualifications will it be about?
    • Employee sobriety testing is controversial (4)
      The Ombudsman for Small and Medium-sized Entrepreneurs applied to the Ministry of Family, Labor and Social Policy for legal clarification regarding the employer's right to self-control employee sobriety. It was a reaction to the position taken by UODO in this matter.
  • Court case law
    • Is the occupational disease judgment rebutted by 'ordinary' evidence (5)
      If the units adjudicating about an occupational disease uniformly declare that a given disease is not such a disease, these rulings following them decision refusing to recognize the disease as an occupational disease cannot be rebutted by other evidence in the form of testimonies of witnesses or medical certificates obtained in the course of consultations or examinations - Supreme Administrative Court ruling in the judgment of March 29, 2019.
  • Risk assessment
    • Actions to be taken following an occupational risk assessment (6)
      Carrying out a risk assessment by determining if the risk is small or large is not enough. It is also necessary to indicate what actions should be taken to reduce the level of occupational risk where it is unacceptable. So the assessment is not eternal.
  • OHS training - questions and answers
    • What consequences will be drawn for an employee absent from OSH training (7)
      The employer organized periodic health and safety training for employees and informed them about the date and place of its implementation. If the employee does not come to the training because of his own fault, can the employer demand that he undergo training at his expense and present a certificate of training?
    • How to document an exam from periodic OHS training in oral form? (7)
      Can the exam after periodic OHS training be conducted orally as an interview with a trainee? Does the file have to contain any document confirming that the exam took place? How should the exam take place in the case of guided self-study?
    • Is health and safety training needed when posting an employee to work abroad? (8)
      Employees go on a business trip to another workplace abroad. They will do the same work as in the country. They have current job and periodic health and safety training. Should they undergo OSH training in the new workplace? Is it enough for them to perform the on-site training they have undergone at the plant in the country?
    • Is it possible to have several days of on-the-job training given by several instructors (9)
      Can initial job instruction for workers' positions be spread over several days (e.g. 4 days for 2 hours)? Can the initial on-site instruction, which is spread over two days, be carried out and signed by two managers/masters/foremen?
  • Number of issue
    • How to use data on the costs of accidents at work in a company (10)
      Appropriate information about accidents and their costs is needed to effectively manage work safety in a company. Using the results of calculating accident costs, it is worth creating an appropriate system of information about accidents and their costs.
  • OSH service
    • The role of the labor inspector in shaping the structure of the OHS service (12)
      The employer's role as the organizer of the business is to adapt the organizational structure to the needs and specificity of the plant. An exception to full freedom within the cast of individual departments is the OHS unit. Restrictions in its structure result from labor law provisions, including the rights of labor inspectors as control and supervision bodies.
    • Who can replace a sick worker from the OSH service (13)
      At plant "X", an employee of the OSH service is on sick leave L4. Can an employee of the same company performing other functions in the plant, having completed studies in the field of OSH / specialization, replace him during his absence? The employee, despite the major studies in health and safety at work, did not perform this function before. Is it possible for this person to conduct initial training for newly recruited employees?
  • Rights and obligations
    • Meeting of the OHS commission and the right to dismiss an employee from vacation leave (14)
      It is the duty of every employer employing over 250 employees to set up an OHS commission as an advisory and consultative body. Committee meetings should be held once a quarter - in the composition resulting from the provisions of the Labor Code. If the commission meeting falls during the holiday season, does the employer have the right to dismiss a member of the commission from the holiday leave?
    • Can the employer carry out checks on the contents of employee lockers (15)
      What employees keep in employee lockers sometimes amazes employers. They often find out about their content only after termination of the employment contract with the employee. Former employees leave various souvenirs, e.g. alcohol bottles. So the question arises whether the employer has the right to control employee cabinets in terms of their content? What consequences will the employee have if the control finds that there is e.g. alcohol in the cabinet?
    • Is it possible to confirm photocopies of OSH documents "for conformity with the original" (16)
      Can I confirm a photocopied document with a stamp for compliance with the original while conducting business activity in the field of health and safety?
  • Court case law
    • PLN 50,000 as compensation for the lack of OSH training (17)
      The consequences of not providing the employee with sufficient knowledge regarding health and safety at work are borne by the employer. This is because the employee's obligation to comply with health and safety regulations is also a right to have knowledge in this area. Only after training the employee can you be required to comply with health and safety regulations.
  • OSH documents
    • Checklist for the review of school-owned facilities (19)
      To make sure that the state of health and safety of all facilities belonging to the school complies with the regulations, as well as to properly conduct their reviews, it will be helpful to use the checklist. This is an auxiliary document and may constitute evidence in the event of irregularities in the functioning of school facilities.
    • The injured party's reservations regarding the circumstances and causes of the accident at work (20)
      Pursuant to the provisions of § 11 of the Regulation of the Council of Ministers of 1 July 2009 on determining the circumstances and causes of accidents at work, the injured party has the right to submit comments and objections to the findings contained in the accident report, of which the accident team is obliged to instruct the victim. However, the form of reporting such comments and reservations by the injured party was not specified by law. However, it can be assumed that for the purposes of evidence, such reporting by the injured party should take the form of a written form. Unfortunately, the template for such a document was not strictly defined by the regulations. With this in mind, we have developed a formula that will definitely facilitate the documentation of post-accident proceedings.

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