Aktualności BHP (OSH News) 2021/182 (09)

  •  News
    • National Labor Inspectorate inspections without prior notice (3)
      In the latest draft of the Act - Entrepreneurs' Law, a provision has appeared that will allow inspections of the National Labor Inspectorate to be carried out without the obligation to notify the workplace about it. The inspection will be able to be carried out without notice, at any time of the day or night.
    • The employer may prohibit the wearing of religious symbols in the workplace (3)
      If it is necessary due to the policy of ideological neutrality or to prevent potential conflicts in the workplace, the employer may prohibit the wearing of any visible religious symbols in the workplace. This was the ruling of the Court of Justice of the European Union in Luxembourg on July 15, 2021. What does it mean in practice?
    • New employer's obligations towards a firefighter's employee (4)
      Employers will have additional obligations towards their employees who additionally operate as part of a volunteer fire brigade. This applies to a large group of employers - firefighters, rescuers, there are approximately 200,000 Volunteer Fire Brigades in Poland. They will also receive a seniority allowance in the TSO.
    • New migration policy: it is easier to employ a foreigner (4)
      As part of the new migration policy project for 2021-2022, the government announces the introduction of facilitations for employers employing foreigners. Find out about the planned changes.
  • Health and safety service
    • Participation in the assessment of occupational risk - the 14th task of the health and safety service (5)
      As a rule, the employer assesses and documents the occupational risk related to the work performed. The above principle, resulting from the provisions of the Labor Code, is a kind of clarification . It should be remembered that not only the employer is involved in the process of occupational risk assessment, but also the doctor who provides preventive health care for employees. In particular, the occupational health and safety service.
  • Health and safety training - Experts respond
    • Does the law allow for electronic signature after initial training? (7)
      The completion of the general training conducted online should be confirmed by the employee in writing in the initial training card, which is kept in the employee's personal file.
    • Who can conduct OSH training for the school headmaster (7)
      Initial OSH training for the headmaster should be conducted by an organizational unit that conducts OSH training.
  • The subject of the issue
    • Consequences of refraining from work due to psychophysical condition (8)
      Refraining from work requiring special (and full) psychophysical fitness requires proper cooperation between the employee whose current psychophysical disposition prevents safe performance of duties, and the employing entity, in particular his supervisor or another person managing employees. Only the employee knows to what extent their psychological and physical condition allows them to perform and work safely , and to what extent it is associated with risk. When can an employee refrain from working? What are the consequences of referring to the psychophysical state?
  • Safety training
    • 1440 minutes of periodic training for the OHS service - how to withstand it (13)
      If we perceive every minute of training for the OHS service as a wasted time, there is no doubt that no one will voluntarily want to take part in such training. The question is, does it have to be like that? Is it possible to approach compulsory training issues, with an imposed framework program, in such a way that people are willing to take part in it?
  • Working conditions
    • Cooperation with a certifying physician - visits to workplaces (15)
      Occupational medicine is not only about medical examinations of employees. In the contract concluded by the employer with the selected health care facility, which performs tasks in the field of occupational medicine, it is possible to define the rules of visiting workstations by a doctor. After all, such visits allow for better protection of employees. How should it go? What should you pay attention to when working with a medical examiner?
    • Safety training at the orders - practical concerns (18)
      Doubts regarding iobowiązkowych training can occur in a situation where the employer, in addition to employees, hires come with special person on the basis of civil law contracts. In many cases, such training will be necessary, and the lack of it will be questioned by social supervision over working conditions or by the inspector of the National Labor Inspectorate. In what situations is it necessary to provide occupational health and safety training to people under civil contracts?
  • Court case law
    • Employer's fault? The employee will not be liable for the damage (21)
      Fault, the existence of damage, unlawful conduct of an employee in the performance of employee duties and a causal link between the unlawful act and the damage are the conditions that determine the liability of employees for the damage. If they are not there, it is difficult to talk about the responsibility of employees. So how do you research the unlawfulness of employee behavior and omissions?
    • What can replace ventilation in an old building? (22)
      Micro-ventilation windows (air vents) can be used. However, it is not certain whether an air exchange rate of 5 to 7 per hour will be obtained. It is unlikely.
    • Is containment operation is limited COVID-19 (23)
      Due to insufficient knowledge on how to transfer the coronavirus SARS-CoV-2 and its mutations, the method of encapsulation praocesu work may be ineffective and technically not feasible.
    • Is crystalline silica a carcinogen in welders (23)
      Yes, crystalline silica is the name of a group of silicon dioxide minerals . The welding is not występpują dust of crystalline silica.
    • If I change the machine to perform noise measurements (24)
      When changing equipment and hall in the machine or other equipment that emits noise, make the noise measurements not only the position of the machine operator, but also in workplaces where employees are (or can be) exposed to the additional noise emitted by new machines.
    • Can a woman perform sandblasting and powder coating work? (24)
      The current regulation on the employment of women in work that is particularly arduous or harmful to health does not generally refer to the work of women, but contains a list of work that is burdensome, dangerous or harmful to the health of pregnant women and women who are breastfeeding their baby.

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