In Poland, the occupational health and safety (OHS) system is founded on key principles and laws. The Constitution of the Republic of Poland (1997) guarantees the right to safe and hygienic working conditions. The Labour Code (1974, with amendments) is the primary legal act outlining employer and employee OHS rights and obligations. The Act of 13 April 2007 establishes the National Labour Inspectorate as the primary enforcement body for OHS regulations.

Employer Responsibilities

Employers in Poland have a comprehensive set of legal obligations to ensure workplace health and safety. These include conducting regular risk assessments to identify potential hazards and implementing corrective and preventive measures to minimize risk. Employers must provide employees with adequate OHS training, both initial and ongoing. They must also provide personal protective equipment (PPE) where necessary, ensure its proper use, and maintain it in good working order. Employers are required to arrange for mandatory pre-employment, periodic, and post-employment medical examinations for employees. They must also investigate, document, and report work-related accidents and occupational illnesses to the relevant authorities.

Employee Rights

Polish employees have the right to refuse work if they believe it poses a serious and imminent threat to their health or life. They have the right to be informed about workplace hazards and safety measures. Employees or their representatives have the right to be consulted about and participate in OHS decisions and management.

Specific Regulations and Areas of Focus

In addition to the Labour Code, a multitude of specific regulations and acts govern various aspects of Polish OHS. These include regulations on the use of chemical agents at work, maximum permissible concentrations and intensities for harmful factors in the work environment, occupational health and safety during construction work, essential requirements for machines, and fire protection of buildings, other structures, and areas.

Enforcement and Oversight

The National Labour Inspectorate is the primary body responsible for oversight and enforcement of Polish OHS legislation. Inspectors have the power to conduct workplace inspections, issue fines and improvement notices, and initiate legal proceedings. The National Sanitary Inspectorate cooperates with the Labour Inspectorate and has oversight responsibilities in specific areas of workplace health, such as hygiene and sanitation.

Occupational health and safety (OHS) standards in Poland are in line with European Union (EU) directives and international best practices. These standards are shaped by EU Directives, Ministry of Labour and Social Policy Regulations, and Polish Standards (PN) developed by the Polish Committee for Standardization (PKN).

Hazard Identification and Risk Assessment

In Poland, employers are required to systematically identify workplace hazards and assess risks to employee health and safety. The risk assessment process must consider all aspects of work, including equipment, substances, work tasks, and the work environment.

Preventive and Protective Measures

Preventive and protective measures include technical measures such as engineering controls to eliminate hazards at their source, organizational measures like work procedures, shift schedules, work-rest regimes designed to minimize risk, and Personal Protective Equipment (PPE) used when other measures are insufficient.

Occupational Health Surveillance

Employers must provide mandatory medical examinations for employees, including pre-employment, periodic, and post-illness exams. The scope of examinations depends on specific job hazards as determined by occupational health physicians.

Specific Hazards

Specific hazards addressed by regulations include chemical safety, construction work, biological hazards, and noise and vibration. Regulations address the classification, labeling, safe handling, and storage of hazardous chemicals, fall protection, scaffolding safety, excavation hazards, prevention of exposure to infectious agents, proper handling of biological materials, exposure limits, and mandate hearing protection and vibration reduction measures.

Training and Information

Employers are required to provide initial and ongoing safety training to employees, including hazard identification, safe work practices, and emergency procedures. Employees must have access to clear and understandable information about the risks in their workplace and the protective measures in place.

Incident Investigation and Reporting

Employers are obligated to investigate all workplace accidents and illnesses, identify root causes, and implement corrective actions. Serious accidents and occupational diseases must be reported to the National Labor Inspectorate.

Employee Participation and Consultation

Employees or their representatives have the right to be consulted on all matters related to workplace health and safety and to participate in OHS decision-making processes. Trade unions play an active role in monitoring OHS conditions and advocating for improvements.

Workplace inspections are a crucial part of maintaining a safe and healthy work environment. In Poland, the National Labour Inspectorate (Państwowa Inspekcja Pracy - PIP) is the government agency primarily responsible for enforcing these inspections.

Powers of Labour Inspectors

PIP inspectors have broad authority to conduct workplace inspections. Their powers include unannounced inspections, access to information, interviews and inquiry, and enforcement actions. Inspectors can enter workplaces at any time of day or night without prior notice. They can request all relevant documentation, including risk assessments, training records, accident reports, and medical examination results. Inspectors can interview employers, employees, and other relevant individuals, and conduct necessary examinations and tests. They can issue improvement notices with deadlines for corrective action, impose fines, order temporary work stoppage in areas of imminent danger, and in severe cases, refer matters for criminal prosecution.

Inspection Focus and Criteria

Workplace inspections in Poland focus on verifying compliance with the wide range of regulations outlined within the Labour Code and other specific acts. Common inspection areas include risk assessments, hazardous substances, physical hazards, ergonomics, fire safety and emergency preparedness, PPE, training and information, and accident and incident records.

Inspection Frequency

Poland doesn't have a standardized schedule for mandatory workplace inspections. Inspection frequency is influenced by factors such as the industry risk profile, company accident history, and complaints and reports. High-risk industries like construction and manufacturing may be inspected more frequently. A history of accidents or serious violations may lead to increased inspection frequency. The Labour Inspectorate may prioritize inspections in response to formal complaints or reports of unsafe conditions.

Inspection Procedures

The inspection process includes an opening meeting, a walkthrough inspection, document review, interviews, a closing meeting, and an inspection report. Inspectors identify themselves and present credentials, explaining the purpose and scope of the inspection. They conduct a physical examination of the workplace, identify potential hazards, and observe work practices. They review risk assessments, training records, accident reports, etc. They hold discussions with employers, supervisors, workers, and safety representatives. They provide a summary of findings, preliminary recommendations, and discussion of follow-up actions. They also provide a detailed report with findings and any orders or recommendations, including deadlines for corrective action.

Follow-up and Appeals

Employers are legally obligated to address issues identified by inspectors within the specified timeframe. PIP may conduct follow-up inspections to verify that corrective actions have been implemented. Employers have the right to appeal inspector decisions through administrative and judicial channels.

In Poland, employers are legally required to report certain types of workplace accidents and incidents. Fatal and serious accidents, collective accidents involving two or more employees, and other accidents that result in incapacity to work for over three days must be reported to the district Labour Inspectorate and possibly the prosecutor's office.

Accident Investigation

Employers are responsible for investigating all workplace accidents, regardless of their severity. The investigation's purpose is to establish the circumstances and causes of the accident and implement corrective actions to prevent similar accidents in the future.

The Accident Investigation Team

The employer must form a team to investigate workplace accidents. This team typically includes an Occupational Safety and Health (OSH) Specialist, an employee representative, and a supervisor from the area where the accident occurred.

Post-Accident Protocol

The accident investigation team must prepare a post-accident protocol. This protocol should detail the time, place, and circumstances of the accident, the extent of injuries sustained, the causes of the accident, and the recommended preventive measures. The employer approves the protocol, which must then be provided to the victim or their family in the event of a fatality.

Compensation for Work-Related Accidents and Illnesses

Employees who suffer injuries or illnesses due to a workplace accident may be entitled to compensation under Poland's social insurance system. The Social Insurance Institution (ZUS) is responsible for administering compensation claims. Benefits may include medical treatment and rehabilitation costs, temporary disability benefits, permanent disability benefits, and survivor's benefits in the event of death.

Claim Procedure

The claim procedure involves documenting the accident, seeking a medical evaluation, filing a claim with ZUS, and awaiting the ZUS decision. ZUS will evaluate the claim and determine the type and amount of compensation payable.