Aktualności BHP (OSH News) 2021/178 (06)

  •  News
    • Employee sobriety checks - the government presented a new draft regulation (3)
      Recently, a draft amendment to the provisions of the Labor Code has appeared in the list of legislative works of the Council of Ministers, concerning the conduct of preventive sobriety tests by employers . The new regulations are to enter into force in the third quarter of 2021. What exactly will change?
    • The Polish Order announced - an ambitious concept or a real project (4)
      In mid-May, a program convention was held, during which the Polish Order, i.e. the new socio-economic program for the post - Soviet period, was presented . Detailed assumptions of specific projects and the sources of their financing will be presented only in the regulatory impact assessments together with the draft legal acts. For now, the Polish Deal is only a concept. But what does it already mean for employers and employees?
    • The results of the National Labor Inspectorate's control in the first quarter of 2021 (5)
      In the first quarter of 2021, the National Labor Inspectorate carried out nearly 6.4 thousand. Control. It is almost 60% less inspections by the National Labor Inspectorate than in the same period in 2020. Check how PIP inspections are currently taking place. In what form are they carried out and what is the interest of labor inspectors?
    • New employer's obligation and new forms for the Social Insurance Institution (6)
      Employers already have a new obligation to inform the Social Insurance Institution about the profession of a person registered for insurance. As a result, the forms of ZUS ZUA and ZUS ZIZA have changed. Check the details.
  • Health and safety training - experts answer
    • What training should be provided to a therapist in a private clinic (7)
      To ensure safe conditions for the implementation of therapeutic activities for the therapist, as well as for students participating in the classes, the school may require from the company employing the therapist a declaration that the person has current medical examinations and training in occupational health and safety. the therapist should also be familiar with the rules of work safety in force at the school.
    • Who can conduct a general training for a senior health and safety inspector (8)
      If the general training as part of the initial OHS training cannot be carried out by an employee of the OHS service employed in the company, then it may be performed by another employee of the plant designated by the employer, who has a valid certificate of completion of the OHS training, whose knowledge and skills guarantee the implementation of the training program, e.g. social labor inspector.
    • How much you can modify the framework programs of training (9)
      If you need to take time more than 3 hours per threats factors occurring in the work processes and the principles and methods of preventing or reducing the impact of these factors on the employees, the employer may extend the time allowed for implementation of this topic .
  • COVID-19 and OHS
    • Vaccination against COVID-19. Should an employee have time off? (10)
      On the basis of what document is an employee who goes to be vaccinated against COVID- 19 during work entitled to leave from work? Should this be treated as a private departure that the employer must agree to, or as leave on demand? How to show in the records of working time the time of vaccination (both the one that the employee signed up for and the one that the employer will potentially organize) - as working time or as a leave from work? Get to know the explanation of the labor ministry.
  • Health and safety service - 22 tasks
    • Providing opinions on detailed instructions on health and safety at workplaces (11)
      Knowledge of the basic provisions of the Labor Code on occupational health and safety, as well as the executive provisions contained in the ordinances, does not guarantee the safe implementation of work processes. It is the employer's duty to provide employees with tailor-made regulations - in the form of occupational health and safety instructions. Such instructions include detailed instructions on occupational health and safety at individual workplaces. The employer should not commission their development to employees of the OHS service. their role is limited to giving opinions on the instructions already drawn up - or rather, the draft of these instructions.
  • Accidents at work
    • Accident analysis - a serious accident at work during the construction of a viaduct over a railway traction (13)
      The article presents an analysis of an accident at work that occurred at the construction site of a railway viaduct during the installation of the superstructure reinforcement. What exactly happened and what were the causes of the accident in the opinion of the labor inspector?
    • How much time does the victim have to read the accident report (14)
      The accident report should be drawn up within 14 days from the date of reporting the accident, the employer approves the report no later than within 5 days from the date of its preparation. In practice, there is often doubt about the time that the injured party has to read the accident protocol and submit comments and objections. An additional problem may arise when the aggrieved party raises comments and objections after the protocol has been approved by the employer. How to solve such a situation?
  • Questions and Answers
    • Can an accident at work occur while handling a private matter? (15)
      An employee, having obtained the supervisor's consent to deal with private matters during the time designated for work, discontinued work. Therefore, there are no grounds to consider the event as an accident on the way from home to work.
    • Contractor's accident on the first day of work. What to do (15)
      In this case, there is no grace period and you must prepare post-accident documentation.
    • Do the regulations define the minimum clearance between the crane hook and the machine? (16)
      The regulations on the operation of handling equipment (UTB) allow the crane to operate in the conditions described in the question, calling these conditions collision.
    • How to proceed in working with explosives precursor (17)
      The detailed procedure depends, among others, on the type of precursor, amount, etc. This procedure must be included in the fire safety manual and the explosion scenario. If the company does not have them, they should be performed by a fire protection inspector. or a retired firefighter with the title of fire engineer. And if it does, they must update the manual to include details of fire safety.
  • The subject of the issue
    • Stress in risk assessment - a particularly important factor during the coronavirus epidemic (18)
      Just as the update of occupational risk assessment with a new biological hazard has recently become mandatory, a change in the field of psychosocial risks in the workplace should become mandatory. The pandemic violated the current model of work organization, reorganized the list of factors and threats influencing its efficiency. Unfortunately, stress in risk assessment is still often overlooked. And yet it should be taken into account to the same extent as other occupational hazards occurring at the assessed workplace. However, it requires an individual approach, time and effort. How to assess occupational risk in terms of stressors?
  • Case Study
    • Consequences of the employee's refusal to perform work (22)
      Description of the analyzed situation: Personal protective equipment of an employee working in hazardous conditions has been destroyed. He reported to the employer. The manager promised to provide new containment the next day, which he did not. The employee refused to perform the work, and the employer disciplinary dismissed him and indicated the refusal to comply with the supervisor's orders as the reason for the termination. The employee appealed to an employment tribunal and demands reinstatement. Can the employer win such a case?
  • Health and safety instructions
    • Safety instructions for the operation of the bender (23)
  • Working conditions
    • The year of the pandemic in Poland - the results of the employee sentiment survey (24)
      Despite the inconvenience and threats resulting from the pandemic, employees in Poland have, in a sense, got used to the current situation. Most people declare that their motivation to work has not changed. The Polish labor market, however, faces many challenges. So what is currently worrying Polish workers?

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