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[biurowi 1 - en] sources of the law  [biurowi 1 - en] sources of the law Presentation Transcript

  • Welcome. We hope that the following materials prepared by us will allow you to actively participate in the training as well as to assimilate necessary knowledge in the field of occupational health and safety in an easy and pleasant way. Please be reminded that the training may be restarted up to the point when the test begins as many times as you wish depending on individual needs. Once the test has been started, returning to the training presentation becomes impossible. The test is to be entered once only. 70% correct answers is the minimum to pass the training.
  • The programme of the training. THE PROGRAMME OF THE TRAINING. THE FRAMEWORK PROGRAMME OF PERIODIC TRAINING . Based on the annex to the order of the Minister of Economy and Labour of 27 July 2004 regarding training in the field of occupational health and safety (JL no. 180, item 1860 with amendments) Lp. THE THEME OF THE TRAINING 1. SOURCES OF THE LAW 2. IDENTIFICATION OF THREATS AND OCCUPATIONAL RISK ASSESSMETN 3. ORGANIZATION OF OFFICE WORK 4. ACCIDENTS 5. BASIC PRINCIPLES OF FIRE PROTECTION 6. BASIC PRINCIPLES OF PROVIDING FRISTAID
  • The aim of the training
    • Legal regulations connected with occupational health and safety ,
    • The analysis and assessment of hazards and methods of assessing the risk connected with these hazards ,
    • The organization and methods of forming safe and hygienic conditions at work .
    The aim of the training is to update and supplement the knowledge and skills, particularly regarding
    • All activities in which nature’s resources and forces are transformed in order to produce goods and services fulfilling people’s needs.
    Definitions LABOUR: HIRED LABOUR: Labour performed by workers not being the owners of the company for which they work in return for pay. The body of laws and legal rulings regulating work relationships as well as relationships connected with these, among them occupational protection, safety and hygiene at work, resolution of conflicts resulting from work relationship, workers’ representation, social security; in Poland regulated in the labour code. LABOUR LAW:
  • The body of laws and legal rulings regulating working conditions in order to protect worker’s life and health (time of work, leisure, safety and hygiene at work, labour of female and juvenile workers). WORK PROTECTION: WORKER: A person employed based on an employment contract, calling, choice, appointment or a collective employment contract. EMPLOYER: The organizational unit, even if not a legal entity, as well as a legal person if he/ she employs workers. WORK RELATIONSHIP: By establishing work relationship the employee is obliged to perform work of a specified kind for the employer, under his/ her supervision, in the place and during the time determined by the employer, and the employer is obliged to employ the worker for pay. Definitions
  • SOURCES OF THE LAW
  • Article 66   1.  Everyone shall have the right to safe and hygienic conditions of work. The methods of implementing this right and the obligations of employers shall be specified by statute. 2.  An employee shall have the right to statutorily specified days free from work as well as annual paid holidays; the maximum permissible hours of work shall be specified by statute. CONSTITUTION OF THE REPUBLIC OF POLAND Legal Regulations
  • The system of work protection in Poland
  • The supervision of safety and working conditions EXTERNAL AND INTERNAL SUPERVISING BODIES
    • Workplace:
    • Occupational health
    • and safety Service
    • Social labour
    • inspection
    • Occupational health
    • and safety Committee
    the State Labour Inspection the State Fire Service Office of Technical Inspection the State Sanitarny Inspection
    • By occupational health and safety regulations one should understand regulations included in:
    • The Labour Code – particularly in chapter
    • ten entitled Occupational health and safety
    • In orders such as:
    • - the order of the Minister of Labour and Social Policy of 26 September 1997 regarding general rules of occupational health and safety (Dz.U. of 2003, No. 169, item 1650 with subsequent amendements)
    • In mentioned in the orders Polish Norms such as in
    • - PN-84E-020033 Lighting of interiors with electric light.
    • - PN-93N-01256.03 Safety signs. Occupational protection and hygiene.
    Rules and regulations of occupational health and safety THE BASIC LEGISLATIVE DETERMINING RIGHTS AND DUTIES OF EMPLOYEES AND EMPLOYERS IS THE LABOUR CODE
    • Detailed responsibilities of an employer in the field of work protection are determined not only by legal regulations but also by the rules of occupational health and safety.
    • As it is known, rules of the labour law do not define the term rules of occupational health and safety, however, they refer to them numerous times
    Rules and regulations of occupational health and safety
    • Occupational health and safety rules are the rules of performing one’s work safely, which have not been presented in the form of legal articles, but which result from technical knowledge as well as life experience (several of them are included in optional Polish Norms).
    • Occupational health and safety rules and regulations determine health and safety requirements at work mainly for recently established kinds of businesses, until appropriate legal articles are issued.
    ATTENTION! An employer who does not obey occupational health and safety rules bears equal responsibility as for violating these rules. Rules and regulations of occupational health and safety
  • An employer who does not obey Art. 100 LC Worker’s obligations
    • The worker is obliged to perform his/ her work conscienciously and dilligently and to follow his/ her supervisor’s orders regarding work, as long as they do not violate any legal rules or regulations or the work contract.
    • The Worker Is Particularly Obliged To:
      • follow the work time established in the workplace
      • observe work regulations and order established in the workplace,
      • follow rules and regulations of occupational health and safety as well as fire regulations,
      • take care of the wellbeing of the workplace, protect its property and keep secret the information whose revealing might cause any damage to the employer,
      • Keep secret any information determined in separate regulations,
      • follow the rules of social coexistence and cooperation in the workplace.
  • Obeying the rules and regulations of occupational health and safety is the basic obligation of a worker. In particular, the worker is obliged to:
    • know occupational safety and health regulations
    • and principles, participate in training and
    • instructing in this field, and take the required
    • examinations,
    • 2. perform the work in compliance with
    • occupational health and safety regulations and
    • principles and obey orders and decisions of the
    • supervisors,
    • 3. take care of an appropriate state of machines, appliances,
    • tools, and equipment and keep order at work,
    Art. 211 LC Obligations of the worker An employer who does not obey
    • make use of collective and personal protective equipment assigned to him/ her as well as protective clothes and footwear
    • according to their use,
    • 5. undergo entrance, periodical, and check-up medical examinations and comply with the doctor’s indications,
    • 6. immediately inform the supervisor of an accident of hazard to health or life noticed at the workplace and warn the coworkers and other people present in the dangerous area about the hazard,
    • cooperate with the employer and supervisors
    • so as to perform the duties concerning occupational
    • safety and health.
    Art. 211 LC Obligations of the worker An employer who does not obey
  • The employee has the right to restrain from performing his/ her work, promptly notifying his/ her supervisor about it, if:
    • the working conditions do not correspond with the rules and principles regarding occupational safety and health and pose a direct threat to health or life of the employee or
    • the work performed by him/ her may pose such threat to other people.
    Art. 210 LC Rights of the worker An employer who does not obey
  • ATTENTION !!! For the time during which the worker restrains from performing work or leaves the place of danger, in the cases discussed above, he/ she keeps the right to receive pay. If restraining him-/ herself from performing the work does not remove a direct threat to life or health of the worker, the employee has the right to leave a place of danger, promptly notifying his/ her supervisor about it Art. 210 LC Rights of the worker An employer who does not obey
    • to organize work stations in accordance with the rules and regulations of the occupational safety and health,
    • to take care of the efficiency of measures of individual protection and their application in accordance with purpose,
    • to organize, prepare and perform tasks, considering workers’ protection against accidents at work, occupational
    • diseases and other diseases related to the conditions
    • of the working environment,
    Art. 212 LC OBLIGATIONS OF THE PERSON WHO MANAGES WORKERS An employer who does not obey
    • to take care of safe and hygienic conditions of working rooms and technical equipment and of the efficiency of measures of collective protection and their application in accordance purpose,
    • to enforce following rules and regulations of the occupational safety and health by the worker,
    • to ensure execution of the recommendations of the medical doctor who cares for the workers.
    OBLIGATIONS OF THE PERSON WHO MANAGES WORKERS An employer who does not obey Art. 212 LC
  • Art. 108 LC
    • A rebuke or a reprimand
    • If a worker disobeys:
      • The established rules of order and organization in the process of work
      • Rules and regulations of occupational health and safety
      • Fire protection rules przepisów przeciwpożarowych,
      • Accepted way of reporting arrival and presence at work as well as explaining absence during working hours.
    EMPLOYEES’ DISCIPLINARY LIABILITY Liability for the violations of rules and regulations of occupational health and safety
    • Financial penalty
    • If a worker:
        • Disobeys rules and regulations of occupational health and safety or fire protection rules ,
        • Leaves work without an explanation or excuse ,
        • reports for work in a state of intoxication,
        • consumes alcohol during working hours .
    Financial penalty for one contravention and for each day of unexcused absence cannot be higher than the amount of a one-day salary of the worker. Liability for the violations of rules and regulations of occupational health and safety EMPLOYEES’ DISCIPLINARY LIABILITY Art. 108 LC
  • Procedures for inflicting punishment § 1. The punishment cannot be inflicted after the period of 2 weeks from learning about the violation of the worker’s duty and after the period of 3 months after the violation was committed. § 2. The punishment can be inflicted only following hearing the worker. § 3. If, because of absence in the workplace, the worker cannot be heard, the 2-week period provided in § 1 does not begin and if it has already began it is suspended until the day the worker reports for work Liability for the violations of rules and regulations of occupational health and safety EMPLOYEES’ DISCIPLINARY LIABILITY Art. 109 LC
    • It is the employer who bears the responsibility for the state of occupational safety and health in the work place.
    Art. 207 LC Obligations of the employer
    • The employer is particularly obliged to:
    • ensure safe and hygienic working conditions, with the proper use of scientific and technical achievements
            • organize work in the way ensuring safe and hygienic working conditions
    Art. 207 LC Obligations of the employer
  • Art. 207 LC
    • ensure obeying occupational safety and health regulations and principles in the workplace
    • ensure execution of orders, projections, decisions, and regulations issued by the inspection organs controlling working conditions
    • ensure execution of recommendations of the social inspector of labour
    • the employer or the person who manager workers is obliged to know rules regarding work protection, including occupational health and safety rules
    Obligations of the employer
  • To provide measures necessary to give a worker the first aid in case of a sudden accident, to fight a fire and to evacuate the workers Art. 209 LC
    • To designate workers to:
      • give the first aid
      • undertake action in case of fire and workers’ evacuation
    Obligations of the employer EMPLOYER’S ACTIONS IN THE SCOPE OF OCCUPARIONAL HEALTH AND SAFETY
    • The employer should provide machines, devices and tools which meet the requirements of occupational health and safety .
    • Machines and devices should:
    • - ensure safe and hygienic conditions of work,
    • - comply with the rulet of ergonomics
    • Machines posing any threats should be equipped with appropriate safety devices,
    • It is prohibited to equip workstations with machines or other devices which do not met the requirements of the assessment of compliance.
    • Tools should comply with the rules of ergonomics and should ensure safe conditions of their use.
    Art. 215-219 LC Machines, other mechanical devices and working tools
    • The employer is obliged that his/ her workers receive prophylactic health protection. Such protection includes, among othersm obligatory medical examinations:
    • ENTRANCE
    • PERIODIC
    • CHECK UP
    TYPES OF EXAMINATIONS Medical examinations of the workers
  • Art. 229 LC
    • Entrance medical examination is required for:
    • persons admitted for work
    • juvenile workers who are transferred to other working positions
    • workers who are transferred to other positions characterized by dangerous and harmful to health agents or difficult working conditions.
    ENTRANCE MEDICAL EXAMINATIONS Medical examinations of the workers
  • Art. 229 LC
    • Periodic medical examination is required for:
            • all the workers ,
            • w orkers employed in conditions in which they are exposed to cancerogenic substances or other agents as well as fibrous dust also after :
    • they have ended work where they had a contact with such substances or dust ,
    • w ork relationship has been dissolved, is the interested person applies for such examination .
    OKRESOWE BADANIA LEKARSKIE Medical examinations of the workers
  • Art. 229 LC
    • A check-up medical examination is required :
        • In case of incapability to work which lasts for more than 30 days and is caused by an illness,
    In order to determine any contraindications regarding worker’s capability to continue work at the given position. MEDICAL CHECKUP Medical examinations of the workers
  • Art. 229 LC
    • Costs of medical examinations as well as other costs related to preventive health care are born by the employer
    • Periodic and check-up medical examinations are conducted, if it is possible, during working hours.
    • The worker keeps the right to receive pay for the time of work unperformed due to conducted examinations, and in case of necessary travel for periodic and check-up medical examinations to another town, the worker is entitled to financial coverage for the travel fare.
    Medical examinations of the workers
  • The employer must not permit an employee begin work if he/ she has not shown a valid medical opinion confirming the lack of contraindications for work at a given position. Medical examinations of the workers
    • Pursuant to the regulation of the Minister of Labour and Social Policy on detailed rules of training in the field of health and safety at work, the employer is obliged to provide his/ her workers with regular training in this field.
    • ATTENTION!!!
    • Training in the field of occupational health and safety is obligatory and required for all persons beginning work, regardless of their position. Training takes place during working hours and at the employer’s expense. For this reason, time spent participating in the training consitutes working time, therefore the employer is obliged to pay salary for this period
    • Therefore, training in the field of occupational health and safety must not be organized before or after working hours.
    Training in the field of occupational health and safety
    • Pracodawca ma obowiązek zapewnić pracowniom dwa zasadnicze rodzaje szkoleń w dziedzinie bezpieczeństwa i higieny pracy :
    • Introductory training prior to being permitted to begin his/ her work
        • general instruction ,
        • position instruction .
    • P eriodic training which is conducted in order to update and strengthen the knowledge and skills in the field of occupational safety and health acquired by the workers during introductory training .
    TYPES OF TRAINING Training in the field of occupational health and safety
    • P rior to being permitted to begin his/ her work must be provided to :
    • Newly employed workers
    • S tudents undergoing students’ practical training
    • S tudents of vocational schools employed as apprentices
    GENERAL INSTRUCTION Training in the field of occupational health and safety
    • Position instruction prior to being permitted to begin his/ her work must be provided to:
    • W orkers employed at manual positions and other at which they may be exposed to agents harmful to health, strenous or dangerous work,
    • Workers transferred to another position mentioned in no. 1
    • Apprentices and sudents undergoing students’ practical training .
    POSITION INSTRUCTION Training in the field of occupational health and safety
    • Office and administrative workers and other employees whose work charakter is connected with the hazard of harmful, strenous or dangerous agents
      • The first training in conducted within 12 months from the beginning of work,
      • Every successive training is conducted no more seldom than once every six years
    Periodic training must be undergone by: Training in the field of occupational health and safety PERIODIC TRAINING
    • The workerr is not permitted to begin work for performing which he has no required qualities or necessary skills and sufficient knowledge of the rules and regulations of occupational safety and health .
    Training in the field of occupational health and safety
  • Juvenile workers’ protection DEFINITION A juvenile, as described in the Labour Code, is a person who has attained the age of 16 and has not yet attained the age of 18.
  • EMPLOYMENT OF THE JUVENILE
    • It is allowed to employ only these juvenile people, who:
        • have at least graduated from gymnasium (middle school)
        • are able to submit a medical certificate which states that work of a particular kind does not pose a threat to their health.
    The juvenile without Professional qualifications can be employed only as an apprentice. Juvenile workers’ protection
    • Cases in which it is permitted as an exception:
        • to employ the juvenile who have not graduated from gymnasium (middle school) yet,
        • to exempt the juvenile with no Professional qualifications from serving his/ her apprenticeship,
        • To employ persons under 16 who have completed middle school education ,
        • e,ployment of persons under 16 who have not complated middle school education
    Juvenile workers’ protection EMPLOYMENT OF THE JUVENILE Are laid down in the Ordinance of the Council of Ministers of 24 August 2004 on the list of works prohibited for the juvenile and conditions of their employment for some of these works (JL 2004 No. 200, item 2047 with amendments)
    • In order to ensure that juvenile workers’ health is particularly protected, the employer is obliged to:
        • keep the record of works performed in his/ her workplace which are prohibited for juvenile workers
        • keep the record of works performed in his/ her workplace which are normally prohibited for juvenile workers, but which – as an exception – can be performed by juvenile workers serving apprenticeship.
    The physician responsible for the prophylactic care of the juvenile workers should participate in the preparation of the above records, and the list of works prohibited for the juvenile workers along with the positions at which such works are performed should be stored in an easily noticeable place, in each organizational unit where a juvenile worker is employed. JUVENILE WORKERS’ PROTECTION Juvenile workers’ protection
  • WORKS PROHIBITED FOR YOUNG WORKERS CONNECTED WITH EXCESSIVE PHYSICAL EFFORT
    • hand-lifting and hand-carrying loads within the distance of more than 25m and of the mass of more than the following values:
      • at part-time work: for girls – 14 kg, for boys – 20 kg
      • for the repetitive load: for girls – 8 kg, for boys – 12 kg
    • hand-carrying loads uphill, especially upstairs, of height above 5 m and the of the gradient of more than 30 º , mass of more than the following values:
      • at part-time work: for girls – 10 kg, for boys – 15 kg ,
      • for the repetitive load: for girls – 5 kg, for boys – 8 kg
    • carrying loads on a wheelbarrow and 2-wheel handcarts by girls
    Juvenile workers’ protection
  • Pregnant female workers’ health protection and provision of the proper childcare, are regulated by the following:
    • Ban on employing pregnant female workers full-time of more than 8 hours, overtime and for night work (Art. 178 LC),
    • Ban on sending such pregnant female workers’ on business trips outside their workplace without their agreement (Art. 178 LC),
    Female workers’ protection RIGHTS CONNECTED WITH MOTHERHOOD
    • Obligation to transfer a pregnant woman to another position if she performs work that the law prohibits her performing in her condition (Art. 179 LC),
    • The right to maternity leave (Art. 180 LC),
    • The right to breaks during the working hours for breastfeeding (Art. 187 LC),
    Female workers’ protection RIGHTS CONNECTED WITH MOTHERHOOD
  • Pregnant female workers’ health protection and protection of workers taking care of a child under 4 along with the provision of the proper childcare, are regulated by the following:
    • Ban on sending a female worker taking care of a child under 4 on business trips outside her workplace without her agreement (Art. 178 LC),
    • Ban on employing women bringing up children of under 4 for more than 8 hours per 24 h, for night work or overtime (Art. 178 LC).
    Female workers’ protection RIGHTS CONNECTED WITH MOTHERHOOD
  • The above rights may be also used by a male worker, hoewever, if both parents or caretakers are employed, only one of them is allowed to exercise these rights.
    • The right to free childcare leave to take care of a child until he/ she turns 4 (Art. 186 LC)
    • The right to take a two-day childcare leave within one calendar year, for women bringing up children of under 14 (Art. 188 LC).
    Female workers’ protection RIGHTS CONNECTED WITH MOTHERHOOD
  • ATTENTION !!! Pregnancy should be confirmed by doctor’s certificate Female workers’ protection RIGHTS CONNECTED WITH MOTHERHOOD
    • Female worker has the right to maternity leave:
        • 20 weeks for giving birth to one baby per childbirth
        • 31 weeks for giving birth to two babies per childbirth
        • 33 weeks for giving birth to three babies per childbirth
        • 35 weeks for giving birth to four babies per childbirth
        • 37 weeks for giving birth to five babies per childbirth
    THE LENGTH OF MATERNITY LEAVE Female workers’ protection
  • Pracodawca jest obowiązany udzielić pracownicy ciężarnej zwolnień od pracy – z zachowaniem prawa do świadczeń – na zalecone przez lekarza badania lekarskie przeprowadzone w związku z ciążą, jeżeli te badania nie mogą być przeprowadzone poza godzinami pracy. RIGHTS CONNECTED WITH MOTHERHOOD Female workers’ protection
  • ATTENTION! The mass of loads mentioned in lines 3-5 include the mass of the transport machine or device. LIFTING AND CARRYING NORMS – FOR WOMEN Hand transport Specification Norms for pregnant and breatfeeding women Norms for not pregnant or breastfeeding women Hand-lifting and hand-carrying loads on flat surface
    • 3 kg (full-time work)
    • 5 kg (part-time work - no more than 4 times per one hour per one working shift)
    • 12 kg (full-time work)
    • 20 kg (part-time work)
    Hand-carrying loads (on a ramp, stairs)
    • 2 kg ( full-time work)
    • 3,75 kg (part-time work)
    • 8 kg (full-time work)
    • 15 kg (part-time work)
    Carrying loads on one-wheel wheelbarrows
    • 12,5 kg
    • 50 kg
    Carrying loads on 2-, 3-, and 4-wheeled carts
    • 20 kg
    • 80 kg
    Carrying loads on carts on railway tracks
    • 75 kg
    • 300 kg
  • Hand transport LIFTING AND CARRYING NORMS – FOR WOMEN Way of lifting, carrying or transporting by wheelbarrows and carts Norm – in kg REMARKS
    • Hand carrying:
    • at full-time work
    • at half-time work
    • to the height of under 4 m
    • on the distance of less than 25 m
    30 50 30 30 It is not allowed to hand-carry loads of the total mass over 30 kg on the weight of more than 30 kg and at height of more than 4 m, or within the distance of more than 25 m.
    • Hand-rolling of round things (a barrel, a pipe which has a large diameter etc.):
    • flat surface
    • on a ramp
    300 50 During two-handed transport of things force used by the worker and necessary to initiate movement of the object cannot be greater than the following values: 300N – while pushing 250N – while pulling
    • Transporting on a wheelbarrow:
    • On a hard surface
    • on an unhardened surface
    100 75 Including the mass of the wheelbarrow. It is not allowed to transport loads on a wheelbarrow upwards at a maximum angle of more than 8% and within the distance longer than 200 m.
    • To keep work rooms clean and orderly and to ensure their periodic renovation and maintenance in order to constantly fulfill the requirements of occupational health and safety.
    Art. 214 LC IN ADDITION, THE EMPLOYER IS OBLIGED: Work rooms
    • It should be ensured that there is a safe and convenient access to each work station, its height all along the passage should not be smaller in light than 2m.
    Passages between machines and other devices or walls, designed only for the purpose of using these devices whould be at least 0.75m wide. PASSAGES BETWEEN AND TO WORK STATIONS Work stations
    • An employer employing handicapped workers should ensure that work stations and access to them are adjusted to the needs and possibilities of such workers.
    Work stations PASSAGES BETWEEN AND TO WORK STATIONS
    • The employer is obliged to make current occupational health and safety instructions available to the workers. The instructions should regard:
    • Technological processes applied in the workplace;
    • The use of machines and other mechanical devices;
    • How to act with materials harmful to health and hazardous ones;
    • Providing first aid.
    OCCUPATIONAL HEALTH AND SAFETY INSTRUCTIONS Work stations
    • The employer is obliged to provide the workers with an efficiently working system of first aid in case of fire as well as with the right measures to provide first aid.
    The number, place of keeping and content of first aid kits and posts should be decided after consulting the physician taking prophylactic health care of the workers; kinds and intensity of possible hazards should be considered. THE SYSTEM OF FIRST AID Work stations
  • First aid posts and places where first aid kits are kept should be marked in an appropriate way. Work stations THE SYSTEM OF FIRST AID