Aktualności BHP (OSH News) 2021/173 (03)

  • The subject of the issue
    • Safe work of temporary workers
      The possibility of using temporary employment agency employees is a very flexible solution recommended during the COVID-19 epidemic. But it must not be forgotten that temporary agency workers have the right to safe working conditions. However, what is the correct division of duties in the field of technical work safety between the temporary employment agency and the user employer? Unfortunately, the regulations do not provide a clear answer to all questions in this regard. In this article, we dispel the most common doubts related to temporary employment.
  • Articles
    • Good health and safety practices: solutions to ensure the safety of employees in the time of a pandemic
      It is difficult to conclude that the coronavirus epidemic has brought anything good. But the state of the epidemic has definitely contributed to the increase in creativity in terms of solutions ensuring the safety of employees. There are companies that have these once organized for staff vaccination points to - as soon as possible - to instill employees. There are also examples of practices that show that you can work safely even during the coronavirus. We present solutions that ensure the safety of employees in various workplaces.
    • Referral for periodic employee examinations during COVID-19 - learn about the latest position of the labor ministry
      The provisions of the anti-crisis shield suspended the obligations related to the performance of employee periodic examinations for the duration of the epidemic. Medical certificates issued as part of preventive medical examinations, the validity of which expired after March 7, 2020, remain valid until 180 days from the date of cancellation of the state of epidemic threat or epidemic state. However, after these conditions are canceled, the employer and the employee are obliged to immediately take up the suspended duties and perform them within a period not longer than 180 days from the date of cancellation of a given state. However, many employers have doubts whether currently, during the coronavirus epidemic, it is necessary to issue referrals for periodic examinations to employees.
    • Which training group should automation include
      Does an employee in the position of automation have to undergo periodic training for workers in manual or engineering and technical positions? The scope of the employee's tasks includes: ongoing maintenance of machines, supervision of the continuity of production lines, repair, service and overhaul works in the field of industrial automation, management of technical documentation, ensuring continuity of production, control and review of projects in the field of automation systems, modernization of machine management.
    • Is it possible to lower the height of the permanent work room where we store ethanol
      Can the permanent work room be 2.5 m high if ethanol is used in 99.8%? The tests did not show any exceedances of the TLV . Should the height be 3.3 m despite the test results?
    • How many people can work on the scaffolding at the same time?
      What documentation is required for the scaffolding being built and work on it?
    • How to qualify a business owner accident?
      The employer received a call from the driver that his car had a pneumatic system failure. The employer (the owner of the company) left the house and went to the warehouse to spend the necessary part. When opening the warehouse door, he slipped, fell to the ground and broke his fibula. Was it an accident at work or an accident on the way to work? The house, the car base , the warehouse are on the same property.
    • Accident analysis - a serious accident during transport works
      The article presents an analysis of an accident at work which occurred in the area of revitalization of a multi-family residential building while transporting a reel, i.e. a drum with a power cable. What were the causes of the accident at work after analyzing the accident documentation prepared by the accident team? What did the labor inspector who investigated the accident say?
    • Assumptions and documentation relating to the modernization and development of the workplace as a task of the OSH service
      tasks of the OSH service should be, among others, participated in the evaluation and documentation of assumptions regarding the modernization of the work or part thereof, as well as new investments, and reporting of requests for taking into 758- pressure and safety requirements occupational hygiene in these assumptions and documentation. The provision of the regulation on the health and safety at work service, which indicates this task, is not precise. A problem may arise when the implementation of the discussed task of the health and safety service is included in the control of the labor inspector - fortunately, it will then be a problem for the employer and the inspector.
    • Lack of own work clothes and footwear and the right to refrain from work
      In special cases, the role, or rather the duty of the employer, is to provide employees with work clothes and footwear. An acceptable option is the use of footwear and clothing by employees that meet the health and safety requirements in exchange for an equivalent paid by the employer. What if the employee does not show up for work with the agreed equipment? Will the employer then have the right to allow him to work? Or maybe the employee will have the right to suspend the performance of employee duties?
    • When a Remote Worker Drinks at Work
      The pandemic has not eased employers' problems with full-time workers who come to work while under the influence of alcohol. To the already existing doubts concerning the legality of preventive sobriety testing of employees, he added another - this time related to the finding of working after drinking alcohol by persons who were commissioned to work remotely. Can a drunk employee be dismissed also when he worked remotely?
    • When an employer can conduct initial training
      The owner of a company with up to 10 employees has valid health and safety training for employers and people managing employees. As there is a large turnover of employees in his company, he would like to conduct initial training - general and job training. Is the training itself for employers and managers of employees sufficient to allow them to do it legally? Should he additionally take part in e.g. training in the methodology of on-the-job training or any other legally required?
    • The number of registered contracts for specific work has dropped
      Only 15% of such contracts were reported, compared to the same period in 2020. Throughout January 2021, the decline was nearly 30%. Have contracts for specific work been replaced in practice by "under the table" settlement?
    • New method of carrying out inspections by a labor inspector
      The National Labor Inspectorate is launching new forms of inspection activities. Labor inspectors will conduct remote inspections via electronic means of communication. As the Deputy Chief Labor Inspector informed, the inspections cannot wait, because inspectors receive more and more signals about violations of the provisions on legal labor protection. How will such a control be carried out in practice?

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