Aktualności BHP - numer specjalny (OSH News) 2022/68
Category: Aktualności BHP
Published: Wednesday, 16 November 2022 15:38
- Myocardial infarction is an accident at work only in extraordinary circumstances (3)
The death of an employee as a result of a heart attack may be considered an accident at work only in the event of special, extraordinary circumstances accompanying the performance of work.
- Fake employment - when it occurs (4)
Fake employment is employment in which the employee does not actually perform tasks at the time and place and under the direction of the supervisor. The purpose of such an agreement is only to cover the employee with insurance.
- Contractors must be informed about the occupational risk (5)
A person employing on the basis of civil law contracts must assess the occupational risk of these persons. He must also provide relevant information about hazards and risks at work to contractors and contractors for specific work.
- Occupational health and safety service must be employed under an employment contract (7)
An employer employing more than 100 people is obliged to establish an occupational health and safety service at the plant. this means employing an appropriate number of employees dealing with these issues on the basis of an employment relationship (employment contracts). Employing OHS specialists on the basis of civil law contracts does not fulfill statutory obligations.
- Occupational disease - consequences of poorly conducted evidence proceedings (8)
Lack of properly conducted evidence proceedings in the case of establishing an occupational disease may lead to the repeal of the decision issued in this case.
- Work contract as a result of the contractor's special skills (10)
A work product can only be considered as the subject of a work contract if the contractor's individual skills are necessary for its performance. Contracts for the implementation of typical items, resulting from ordinary, carefully performed work, for which special skills are not required, but only appropriate professional competence, cannot be treated as contracts for specific work, but as contracts for the provision of services, to which the provisions of order.
- Training for the employee should be included in his working time (12)
If the training is compulsory for the employee, it should be included in working time, and thus - the employee should be paid for this period.
- Confidentiality of health information may be grounds for termination (13)
An employee is required to disclose to the employer only such personal information as is expressly provided for in the Act. Data on the employee's health, as sensitive data, are subject to special legal protection. Therefore, the obligation to disclose such data must be justified by extraordinary circumstances. What does this mean in practice?
- The death of a worker in the workplace is not always a fatal accident (14)
A fatal accident at work does not occur when the deterioration of the health condition leading to the death of the worker occurred in the workplace, but the working conditions, even if they are specific and involve increased effort of the worker were typical of his job. There were also no extraordinary events, and the employer respected the health and safety regulations.
- The minimum temperature must be ensured in the workplace (16)
Only the technological requirements of production allow the employer to refrain from ensuring the minimum temperatures in the workplace, as specified in paragraph 30 of the regulation on general occupational health and safety regulations.
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