Aktualności BHP - wydanie specjalne (OSH News) 2019/50 (11-12)

  • Accidents at work
    • Failure to comply with health and safety regulations and accident at work and compensation (3)
      If the behavior of the employer after an accident at work, which was caused by the failure to ensure safe and hygienic conditions of work, violated the rules of social coexistence, his charge of limitation of part of the claims of the injured employee may not be accepted despite the passage of time. In addition, the amount of compensation is not affected by the financial situation of the employer who, while not complying with health and safety regulations, contributed to the accident at work.
    • Will the employer be punished if he does not provide the persons with protection measures (4)
      The employer subject to control exercised by a public authority body is obliged to provide employees of that body performing control activities with appropriate protective measures provided for in the health and safety regulations. Lack of such measures does not justify refusing to undergo control activities and may lead to imposing sanctions on the employer.
    • Loss of compensation from the Social Insurance Institution due to an accident of an intoxicated worker (5)
      Driving a car for the purpose of performing activities related to business activities, 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 has been broken. In such a situation, the entitled persons should be entitled to one-off compensation.
    • Does failure by the employer to result in liability for mishaps at work (6)
      The employer is liable for damage suffered by an employee as a result of an accident at work, when it can be considered that the incident occurred as a result of failure to comply with the obligations incumbent on the employer, e.g. in the field of occupational health and safety.
  • Working conditions
    • Equivalent for washing clothes exempt from Social Insurance Institution contributions and taxation? (8)
      The payment of amounts, even if differentiated due to the time of work, specified in the company regulations as an equivalent for washing and maintenance of work clothes, should be treated in full as equivalent for washing clothes and exempt from taxation and Social Insurance Institution contributions.
    • Is the employee entitled to compensation for washing protective clothing (10)
      The employer is obliged to pay the equivalent for laundering of work clothing when it is not possible to provide laundering at the workplace. Does this duty include work and protective clothing, or is it only defined as work clothing? The problem concerns the clothing of people supervising work, mainly equipped with all-year protective jackets, warning jackets and protective footwear.
    • The date of the OSH decision must be realistic and take into account the legitimate interest of the employer (10)
      The deadline for the implementation of sanitary or OSH decisions should be set by the inspection bodies so that the performance of the duties can be completed within the prescribed period. The deadline must be realistic to meet. Setting the date should also take into account the legitimate interest of the employer.
    • Is full medical documentation required when determining one-off compensation (11)
      When determining the damage to health in order to determine the amount of one-off compensation from the Social Insurance Institution, the basis for its determination should be all medical documentation created since the accident, also in other matters related to this event, and not only the current examination of the certifying physician of the Social Insurance Institution or forensic experts.
    • Is it possible to seek compensation for an accident at work  when conducting business activity? (12)
      The owner of the building or apartment has an obligation to properly secure holes, hatches and entrances to basements and other similar rooms.
    • Convergence of post-accident proceedings with the imposition of a procedural penalty (13)
      Accidents at work are events that occur in a variety of circumstances. Some are caused by force majeure, others are due to the employer's failure to ensure proper working conditions, and others are a consequence of employees' violating the principles of safe work. In the latter case, the post-accident procedure may coincide with the proceedings regarding the imposition of a procedural penalty.
    • Will the claim for damages be interrupted due to a request to rectify the accident report (14)
      An action to establish that the incident was an accident at work, as well as a request to establish that the already recognized accident occurred in circumstances other than those indicated in the accident report, or that the cause of the accident was not the circumstances excluding the employer's liability for the consequences of the accident at work, that is, a request to rectify the accident report interrupts the limitation period for a claim for damages.
    • One-time refund for employee protection measure (15)
      The employer should reimburse the employee for the costs of corrective lenses for working at the computer monitor, and not the costs associated with glasses that correct other vision defects. A refund for glasses once granted does not preclude future refunds.

Aktualności BHP (OSH News) - full list