Aktualności BHP (OSH News) 2020/153 (01-02)

  • Recipes with commentary
    • New work safety rules on fishing vessels (3)
      The purpose of the new Act of 11 September 2019 on work on fishing vessels is to regulate matters related to life and work on fishing vessels, implementation of EU regulations, determining the rights of fishermen and the obligations of shipowners of fishing vessels towards the fishermen working on them.
    • Entrepreneurs will pay higher ZUS contributions (5)
      In 2020, entrepreneurs will pay almost PLN 1,500 premiums per month. How much exactly will the contributions be? How much will entrepreneurs paying preferential ZUS pay?
  • Working conditions
    • Obligations of partners of a civil law partnership in the field of health and safety (6)
      What obligations in the field of occupational health and safety do the co-owners of the company - partners of a civil law partnership, when there are no employees?
    • How many hours can you work exposed to a harmful agent if NDN standards are exceeded (6)
      The company works continuously and has introduced an equivalent working time system. The working shift lasts 12 hours. During noise measurements at the workplace, the NDN fold was, for example, 3. Can the employee work for 12 hours in such a position when the measurement result indicates NDN above 1? What actions should be taken if it is not possible to reduce the noise level due to the ongoing technological process?
    • Toe amputation is a serious accident (7)
      Does the crush injury and prolonged hospital stay (approx. 2 months) ended with amputation of the toes of the I-III to the proximal phalanges meet the criteria of a serious accident?
    • Alcohol, alcoholic beverages and employee housekeeping responsibility (11)
      Recently, the issue of sobriety verification of employees raises a lot of emotions. Violation of the obligation to maintain sobriety at the workplace is associated with the consumption of a product containing ethyl alcohol. The problem is that the provisions of the Act on Upbringing in Sobriety define "alcoholic drink", but do not define the term "alcohol", which is invoked in the provisions regulating the employer's obligations in the event of suspected violation of sobriety, including referring to the issue of employee procedural responsibility. The use of the term "alcohol" in the general regulations without its formal definition may in practice lead to an overly broad interpretation and abuse in employee relations.
    • Workplace alcohol consumption penalty (12)
      What ordinal penalty can be imposed on a person employed on a commission contract or contract who is under the influence of alcohol or consuming alcohol at the place of performing the order/contract?
  • Accidents at work
    • An employee of the OHS service temporarily delegated to another job (8)
      The employee has at the same time the right and obligation to perform the work, which the parties agreed in the contract. In practice, it is possible to transfer an employee to a different job than the one resulting from the content of the contract - for a period of up to 3 months in a calendar year, without giving notice changing employment conditions. Does the above rule also apply to employees of the OHS service or those performing tasks of this service employed at other work?
    • Accident caused by employee (15)
      During the preparation of materials for production, the employee talked to another employee and did not pay attention to where he puts the necessary elements. As a result of improper placement of the material on the plate on the transport rollers, the material fell on the employee's foot, causing breakage. Is it possible to talk about an accident in the employee's fault? The employee knew that the stacked elements could not be put away in this way, however, during the conversation, he did not pay attention to the action being performed.
    • Is it possible to delegate approval of an accident report (16)
      The department has a department that has its manager, but this manager is not subordinate to the director of the plant, but to another director who oversees several establishments. Unfortunately, this director for several plants is not available on a regular basis, which creates a problem with the approval of the protocol on time. Can the director assign the approval of post-accident reports to a manager or other director?
    • Accident on the way to/from the work of a sales representative (18)
      A representative of the company moves by car. The car has 24 hours. How to determine the way from home to work and vice versa of such a person? Is this just a way from home to car? Is he already at work when he gets in the car?
    • Second accident report - what to attach (18)
      What set of documents is forwarded to the injured party at work when another protocol is created after he has made objections to the first one? Is the full first kit attached without the employer's signature (protocol and attachments)?
  • Subject of issue
    • Recommendations for employees employed in the cold microclimate (9)
      Many employees in various positions perform their work in the cold exposure, e.g. snow removal, or work in cold stores or food warehouses. To take care of their health and safety at work, they must remember a few basic principles in order to protect themselves from diseases. The article contains a set of the most important tips that can be given to employees working in a cold microclimate.
  • Health and safety training - questions and answers
    • Do you train in the field of OSH and preventative examination of contractors (13)
      Should contractors who provide their services at the employer's premises and persons employed under a cooperation agreement (self-employed persons) be directed to medical examinations and undergo initial health and safety training? The agreements contain the statement: "The Contractor declares that he has no health contraindications to perform the works covered by the subject of the Agreement"?
    • Bill for OSH training on a commission contract (14)
      What should the invoice prepared for the contract of health and safety at work contain (the employer is the training organizer), in what percentage are the training services taxed? Can the mandate contract be used for both periodic training and general initial training?
  • Court case law
    • Only direct victims of accidents are entitled to compensation (19)
      Compensation is not entitled to seriously injured family members of an employee who survived an accident at work, even in a situation where the damage to family members is related to an accident at work of that employee - this is the result of a Supreme Court ruling.

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