Wiadomości PKN - Normalizacja (PKN News - Standarization) 2023/01

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Category: Wiadomości PKN - Normalizacja

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• Editorial (3)
• News
  • Changes in the organization of standardization work (4)
    Changing information and communication technologies affect all economic processes, including standardization and the needs of the stakeholders of the Polish Committee for Standardization.
• From the world
  • Harnessing the potential of International Standards in a digital world (12)

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Praca i Zabezpieczenie Społeczne (Work and Social Security) 2022/12

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Category: Praca i Zabezpieczenie Społeczne

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• On the role of the International Labor Organization (ILO) in ensuring decent work in the world of production offshoring.
  Production offshoring is a popular strategy that allows companies to gain a competitive advantage, in particular by reducing operating costs, especially labor costs. However, its application entails the risk that in the pursuit of economic goals, companies will go a step too far and will be willing to tacitly accept violations of the fundamental rights of people employed by their subcontractors, especially in developing countries where the level of legal protection is still relatively low . One of the most important challenges of the modern world is therefore to ensure decent work for these people. The question posed in this article is how to do this and whether the International Labor Organization will play a leading role in this process - established to promote basic human rights and improve working and living conditions.
• Scope of exclusion of social security disputes in European civil procedural law.
  European civil procedural law excludes social security from the scope of its application, but does not define this matter. That concept is to be interpreted autonomously, which is intended to ensure the effectiveness of EU law in the field of the coordination of social security systems. In the case law of the CJEU, it is therefore assumed that the substantive content of the term "social security" in European civil procedural law determines the material scope of Regulation (EU) No 883/2004. This means that matters that are not covered by the coordination of social security systems remain outside the scope of the exclusion. With regard to them, the assessment of the application of the rules of European civil procedural law requires the notion of civil and commercial matters to be taken into account. Only taking into account both elements - the concept of "civil and commercial matters" and "social security" allows us to determine the scope of exclusion of disputes concerning social security in European civil procedural law.

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Aktualności Ochrony Środowiska (Environmental Protection News) 2023/211 (01)

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Category: Aktualności Ochrony Środowiska

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• Subject of the issue: What you don't know yet about the report to KOBiZE
  The obliged entities prepare the report for the National Center for Balancing and Management of Emissions (KOBiZE) for the previous year by the end of February. What else do you not know about him?
• Sustainability reporting is now assured
  At the end of November, the European Union finally adopted the Sustainable Development Reporting Directive (hereinafter: the CSRD Directive). What is the conclusion?
• New rates of fines for exceeding the permissible noise level
  In the notice on the rates of fines for exceeding the permissible noise level for 2023, you will find the rates applicable in the new year.
• New penalties in the Energy Law
  The new Act of September 29, 2022 amending the Energy Law Act and the Renewable Energy Sources Act entered into force on December 6, 2022.
• Principles of post-production waste storage in a nutshell
  Question: As part of the production (fish processing) waste is generated, such as disposable clothing (caps, aprons, sleeves), which we classify under the code 15 02 03. The plant has bins in about 20 locations, from where the waste is later transferred to an external container, in where we store them and transfer them to an external company. Do these 20 bins in production, with a capacity of about 35 l each, have to be marked with a waste code and treated as a waste storage site? Is the waste storage site only the collective container set outside that receives waste from these 20 locations? Bins are emptied 2-3 times a day.

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ATEST - ochrona pracy (Certificate - work protection) 2023/01

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Category: ATEST

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• Changes in the statistical sheet of accidents at work
  On January 1, 2023, the regulation of the Minister of Family and Social Policy of December 9, 2022 on the statistical accident card (Journal of Laws of 2022, item 2750) entered into force, which replaced the previous one (of January 7, 2022). 2009).
• More inspections by the National Labor Inspectorate this year
  After the pandemic period, it will be possible to meet labor inspectors in Polish companies again more often. The National Labor Inspectorate announced an increase in the number of inspections this year. As we read in her work plan: she intends to carry out 60 thousand. control. It also devotes more and more time and resources to activities in the field of accident prevention and broadly understood promotion of labor protection.
• Specifics of marine yacht accidents
  The inspiration for writing the following text was an article by Dr. Maciej Kijowski entitled "On the suicides of Polish seafarers on sea ships and their faking in order to cover up the traces of homicides and accidents at work" published in issue 7-8/2022 of Atestu. The article draws attention to the specificity of work on a ship, which, according to Dr. Kijowski results in a significant number of suicides. This specificity consists of isolation (despite being in a group), long periods of lack of personal contact with family, fatigue and working conditions that are different from those on land. The ship, despite modern means of communication, is lonely at sea and dependent on the skills of the captain and crew. The same can be said about a sea yacht. In both cases, it is often impossible to correct the decision made, "drive to the side of the road", remove the fault by roadside assistance, etc. The sea is ruthless and reveals all errors, including seemingly insignificant shortcomings, carelessness and mediocrity.
• A draft amendment to the code provisions on fixed-term employment contracts
  Amendment1, which is to implement into the Polish legal system the provisions of two directives, i.e. Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L no. 186, p. 105) and Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (Official Journal EU L No. 188, p. 79) will also introduce changes to fixed-term employment contracts. This material brings the essence of these changes closer.

• Read more: ATEST - ochrona pracy (Certificate - work protection) 2023/01

Polityka Społeczna (Social Policy) 2022/11-12

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Category: Polityka Społeczna

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• The use of the projective technique method "Chinese portrait" on the example of migration research
  The aim of the text is to convey the experience of qualitative research in the area of migration using the projective technique of the "Chinese portrait" used so far mainly in marketing research and psychology. As part of a scientific project devoted to the perception of Polish and Ukrainian labor markets by Poles and Ukrainians, in order to obtain more detailed opinions of respondents, it was decided to use the "Chinese portrait" projection technique. This brought very interesting results that allowed to verify the information obtained in quantitative and qualitative research conducted using an in-depth interview questionnaire. At the same time, during the implementation of the study, several challenges emerged that required taking into account both the projection technique and data interpretation. The text encourages the use of projective techniques in social research. It also points out the main challenges associated with it and suggests how to deal with them.
• The sense of workload of social workers during the pandemic
  The time of the pandemic is a difficult time for everyone. This situation is also a significant burden for the staff of social welfare institutions. The fact that the institution was approached by people who had not previously been recipients of benefits, as well as the manifestation of negative behavior by clients, creates unfavorable conditions for effective work. In addition, organizational changes related to partly remote work, reduced effectiveness of aid work, lack of sufficient social support from superiors and co-workers reinforce the feeling of overwhelm and exhaustion. The article is empirical in nature. The aim of the research was to diagnose the sense of workload of social workers during the pandemic. The research was conducted in 2021 on a sample of 129 social workers from all over Poland. The selection of the group for the research was purposeful, and the criterion adopted was employment as a social worker in a social assistance centre. The research method was the diagnostic survey method. The results of the research showed that most social workers worked in hybrid mode during the epidemic. They provided psychological support to those in need, coordinated the delivery of food to people in quarantine, or delivered it personally. An important area of work was the support of the elderly. The research results indicate that the vast majority of social workers feel extremely burdened by the fact that social welfare clients try to manipulate them and that they come to the center under the influence of alcohol or other intoxicants. A very significant burden is the fact that the respondents deal with too many customers. For the vast majority of social workers, it is extremely burdensome to achieve remuneration for work that is disproportionate to the workload.

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Monitor Prawa Pracy (Labor Law Monitor) 2022/04

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Category: Monitor Prawa Pracy

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• From the courtroom
  
  • Remuneration for overtime work
  • Sanction lists - selected practical aspects from the perspective of labor law
• Opinions
  
  • Exercising public authority by enterprises on the example of the Sustainable Development Business Due Diligence Directive
  • On the need to extend the interpretation of provisions regulating the form of concluding and terminating employment contracts

• Read more: Monitor Prawa Pracy (Labor Law Monitor) 2022/04

Monitor Prawniczy (Law Monitor) 2022/21

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Category: Monitor Prawniczy

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• News
  
  • Enforcement of intellectual property rights.
  • Initiation of proceedings to control the legality of the construction works performed.
  • Agent commission.
  • Conditions for recognizing a contract provision as abusive.
  • Post-accident report as public information.
  • Resumption of administrative proceedings.
  • Fiscal secrecy and information on control proceedings.
  • Powers of the Commission in criminal cases concerning the molestation of minors.
  • Compensation for real estate intended for road construction.
• Articles
  
  • Can a professional attorney representing the debtor submit an application for consumer bankruptcy in his name and on his behalf, bypassing the ICT system that handles court proceedings?

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A program supporting the assessment of noise exposure at the workplace, divided into activities v1.1

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Category: Tools

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Program supporting the assessment of noise exposure at the workplace, divided into activities V.1.1
(Note: The program performs calculations in accordance with the standards applicable in the European Union)

Improved version of the program. While maintaining functionality, its operation has been simplified. The function key Calculate for selected has been removed. All calculations are performed automatically during data entry and modification.

The program is quite simple to use and (at least it seems to me) quite intuitive. However, if some issues are not clear, please send information to the e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it..

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Lekarz Medycyny Pracy (Doctor of Occupational Medicine) 2022/11

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Category: Lekarz Medycyny Pracy

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•  News
  • New obligation - hunters must undergo periodic examinations (1)
    The deadline for the submission of medical and psychological certificates by hunters with a firearms license soon expires. Until now, such examinations had to be performed only once, therefore doctors authorized to issue relevant certificates can expect that the number of people interested in obtaining them will increase.
  • Chemical substances in the work environment - there will be an amendment to the regulation (3)
    Due to the fact that on July 1, 2020, the State Sanitary Inspection of the Ministry of Internal Affairs and Administration was liquidated, and its tasks were taken over by the State Sanitary Inspection, it is necessary to amend the regulation on substances chemicals, their mixtures, agents or technological processes having a carcinogenic or mutagenic effect in the work environment. Check what is included in the draft amendment.
• Occupational medicine clinic
  • Preventive examinations of people "not exposed" to factors harmful to health - legal possibilities and practice (4)
    What qualifications must a doctor have to perform preventive examinations of employees? Is there a group of 'unexposed' workers who can be cared for by GPs or GPs? Find out the answers to these questions.
  • Is fear a significant contraindication to driving (7)
    One of the significant contraindications to working as a driver or practicing a profession by a person who has a company car is fear. A person who is afraid to drive a car should not work in a car related profession as long as the anxiety persists.

    Read more: Lekarz Medycyny Pracy (Doctor of Occupational Medicine) 2022/11