[kierownicy 1 - en] sources of the law

866 views

Published on

Published in: Health & Medicine, Business
0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
866
On SlideShare
0
From Embeds
0
Number of Embeds
62
Actions
Shares
0
Downloads
0
Comments
0
Likes
1
Embeds 0
No embeds

No notes for slide

[kierownicy 1 - en] sources of the law

  1. 1. 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.
  2. 2. The programme of the training. THE PROGRAMME OF THE TRAINING. THE FRAMEWORK PROGRAMME OF PERIODIC TRAINING FOR EMPLOYERS AND OTHER PERSONS MANAGING WORKERS. 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. Chosen legal regulations in the field of the labour law regarding occupational health and safety, with the an a lysis of international law sources (EU’s directives, ILO’s conventions): a) Current regulations (including recent changes), among these , those regarding: • Obligations connected with occupational health and safety and responsibilities for violating rules and regulations of occupational health and safety, • Work protection of female and juvenile employees • Preventive health care of workers • Training in the field of occupational health and safety • Organization of supervision and control of working conditions b) problems connected with the interpretation of the chosen regulations 2. Identification, ana l ysis and assessment of hazards of factors harmful to health, onerous and those posing risk as well as the assessment of the risk connected with these hazards
  3. 3. The programme of the training. Lp. THE THEME OF THE TRAINING 3. Organization and methods of forming safe and hygienic conditions at work, considering workstations equipped with computer monitors; management of safety and hygiene at work 4. Analysis of circumstances and causes of accidents at work as well as occupational illnesses and prophylaxis connected with them; discussion of causes of charact e ristic accidents at work, with special consideration of accidents which may be the result of improper organization of work as well as of prophylaxis connected with them 5. Organization and methodology of training in the field of occupational health and safety (including methods connected with workstation training) as well as shaping right behavio u rs of workers in work processes 6. The rules of conduct in case of an accident during working hours as well as in hazard situation (e.g. fire, failure), including rules of providing first aid in case of an accident 7. Economic consequences of improper working conditions (benefits on account of working conditions, social insurance of workers’ fee) 8. Problems of fire and environmental protection
  4. 4. The aim of the training <ul><li>Legal regulations connected with occupational health and safety , </li></ul><ul><li>The analysis and assessment of hazards and methods of assessing the risk connected with these hazards , </li></ul><ul><li>The organization and methods of forming safe and hygienic conditions at work . </li></ul>The aim of the training is to update and supplement the knowledge and skills, particularly regarding
  5. 5. <ul><li>All activities in which nature’s resources and forces are transformed in order to produce goods and services fulfilling people’s needs. </li></ul>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:
  6. 6. 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
  7. 7. SOURCES OF THE LAW
  8. 8. Legal regulations Adapting the Polish law to the EU’s norms
  9. 9. The European Union shows a lot of initiative in creating and introducing employee’s health protection and safety law. Legal output in this field has been made mainly in the last decade, following the institution of the so called Council Directive 89/391/EEC introducing measures to encourage improvements in the safety and health of workers at work. Similarly to the Polish law, the Framework Directive makes the employer responsible for ensuring his/ her workers with safety and health protection. Based on this Directive, further 14 individual directives have been issued dealing with, among others, the protection of workers against harmful factors, with jobs particularly dangerous and with the protection of work of female as well as juvenile employees. A supplement to the Framework Directive is Council Directive 91/383/EEC which supplements measures to encourage improvements in the safety and health at work of workers with a temporary employment relationship. Legal Regulations COUNCIL DIRECTIVE 89/391/EEC
  10. 10. Works on adapting the Polish law to the EU law began at the beginning of the 1990s. They speeded up after 1 February 1994 when the European Treaty establishing the union between Poland and other EU members. In 1995 Polish government passed resolution no. 133/95 regarding the realization of obligations resulting from the Treaty regarding adapting the Polish law to the legal standards of the EU. Individual departments were obliged to work out schedules of works on harmonization of the regulations. The Minister of Labour and Social Policy, the Minister of Health, the Minister of Economy, the Minister of Region a l Development and Public Works, the Minister of Transport and Maritime Economy were held responsible for the enforcement of EU directives regarding occupational health and safety. EU Directives Legal Regulations
  11. 11. International Labour Organization, ILO , established in 1919 as an organizational unit of the League of Nations. After WW2, it was converted into a specialized agency affiliated by the United Nations dealing with problems of workers and conditions of their work. In its activity, ILO aims at promoting actions which may improve labour conditions of workers all over the world as well at creating and implementing systems of social welfare. In the course of annual conferences, ILO passes a variety of recommendations and conventions, which are later passed to the member states to be performed and ratified , and by this it obliges member states as well as signatories of particular conventions to introduce and follow specific legal solutions with regard to the labour law. INTERNATIONAL LABOUR ORGANIZATION Legal Regulations
  12. 12. Within the framework of activities whose goal is to aid and support Polish companies in the process of implementing regulations, in the years 1995-2001 a strategic government program ‘Occupational safety and health protection of workers’ was carried out. One of the subsequent actions was PHARE project, carried out in 2000 and called ‘Further introduction and implementation of the EU law regarding work hygiene and safety’. Phare is the best developed program of non- returnable financial contribution of the EU for Central and Eastern Union, which has been used by 10 member states from the region as well as Albania, Macedonia, Bosnia and Herzegovina. In those countries which have applied for the EU membership , program’s aim was to support actions preparing to become the EU members by these countries. In the remaining countries Phare supports political and economic transformation. In the years 1990-1999, Phare’s financial assistance for all countries amounted to 10.31 billion euros. In the EU’s budget for the years 2000-2006 the amount of the assistance was set at 1.56 billion euros per year . PHARE Legal Regulations
  13. 13. 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
  14. 14. The system of work protection in Poland
  15. 15. The supervision of safety and working conditions EXTERNAL AND INTERNAL SUPERVISING BODIES <ul><li>Workplace: </li></ul><ul><li>Occupational health </li></ul><ul><li>and safety Service </li></ul><ul><li>Social labour </li></ul><ul><li>inspection </li></ul><ul><li>Occupational health </li></ul><ul><li>and safety Committee </li></ul>the State Labour Inspection the State Fire Service Office of Technical Inspection the State Sanitarny Inspection
  16. 16. Supervision and control over observing the labour law, including rules and regulations of occupational health and safety is exercised by the State Labour Inspection. Supervision of safety and working conditions EXTERNAL SUPERVISING BODIES – the State Labour Inspection
  17. 17. PIS Bodies : PIS is subordinated to the Minister of Health It is directed by Chief Sanitary Inspector as the central body of the government administration. Tasks and functions of the State Sanitary Inspection are performed by: - Chief Sanitary Inspector, - State Provincial Sanitary Inspector, - State County Sanitary Inspector, - State Border Sanitary Inspector for road border crossings, - Rail, air, river and maritime border crossings, airports and seaports - As well as vessels within the area of territorial waters. Supervision and control over observing rules and regulations of occupational health and safety is exercised by: the State Sanitary Inspection . Supervision of safety and working conditions EXTERNAL SUPERVISING BODIES - PIS
  18. 18. Office of Technical Inspection carries out the following tasks: 1. Technical Tests – of technical equipment and devices in operation; 2. Supervision of the manufacture and installation of technical equipm e nt and devices; 3. Arrangement of service and modernization of technical equipment and devices; 4. Authorizing plants, workshops and companies manufacturing, servi c ing and modernizing specific equipment and devices; EXTERNAL SUPERVISING BODIES – UDT Supervision of safety and working conditions
  19. 19. EXTERNAL SUPERVISING BODIES – UDT 5. Authorizing persons (certifying qualifications) - carrying tasks of welding, soldering and plastic processing as well as heat processing in the course of manufacturing, servicing and modernization of technical equipment and devices as well as in the course of production of parts used for manufacturing, servicing and modernization of this equipment and devices. - servicing and maintaining technical equipment and devices; 6 . Recognizing laboratories carrying out crash and other tests of manufactured, installed, serviced and modernized technical equipment and devices; 7 . Setting training programs for persons applying for a qualifying certificate. Supervision of safety and working conditions
  20. 20. <ul><li>Main tasks of the State Fire Service include: </li></ul><ul><li>Recognizing fire hazards as well as other local hazards; </li></ul><ul><li>Organizing and conducting rescue operations during fires, natural disasters or elimination of local hazards; </li></ul><ul><li>Performing supporting specialist rescue actions during natural disasters or elimination of local hazards by other rescue services; </li></ul><ul><li>Tr aining personnel for the needs of the State Fire Service and other units of fire protection as well as for the national system of the protection of population; </li></ul>EXTERNAL SUPERVISING BODIES – PSP Supervision of safety and working conditions
  21. 21. 5. Supervision of the observance of fire protection rules; 6. Conducting scientific research work in the scope of fire protection and the protection of population; EXTERNAL SUPERVISING BODIES – PSP Supervision of safety and working conditions
  22. 22. Health and Safety Service – a within the company service of the employer fulfilling advisory and monitoring functions towards them in the scope of all matters related to occupational health and safety. ATTENTION!!! Occupational health and safety service is directly subordinate to the employer. In case of employer – as an organizational unit – the service is subordinate to the person managing this unit (e.g. to the president) INTERNAL SUPERVISING BODIES – OCCUPATIONAL HEALTH AND SAFETY SERVICE Supervision of safety and working conditions
  23. 23. <ul><li>Who is obliged to form an occupational health and safety service? </li></ul><ul><li>Employer employing more than 100 workers is responsible for forming an occupational health and safety service as his/ her advisory and monitoring body. </li></ul>Organization and the num b er of workers of the occupational health and safety service depends on the number of workers employed in a particular company. INTERNAL SUPERVISING BODIES – OCCUPATIONAL HEALTH AND SAFETY SERVICE Supervision of safety and working conditions
  24. 24. <ul><li>A company employing between 100 and 600 workers </li></ul>In a company employing between 100 and 600 workers, the employer is obliged to set up a one- or numerous-person occupational health and safety service. The workers of the service can be employed in the company which employs between 100 and 600 people working full or part time. INTERNAL SUPERVISING BODIES – OCCUPATIONAL HEALTH AND SAFETY SERVICE Supervision of safety and working conditions
  25. 25. <ul><li>A company employing more than 600 workers </li></ul>In a company employing over 600 workers, the employer is obliged to employ full time at least one person representing occupational health and safety service per 600 workers. There are 1,199 workers employed by a company. The employer is obliged to employ at least one worker representing occupational health and safety service. There are 1,200 workers employed by a company. The employer is obliged to employ at least two workers representing occupational health and safety service. INTERNAL SUPERVISING BODIES – OCCUPATIONAL HEALTH AND SAFETY SERVICE Supervision of safety and working conditions
  26. 26. <ul><li>A company employing under 100 workers </li></ul><ul><li>The employer employing under 100 workers entrusts the following people with performing tasks of occupational health and safety service: </li></ul><ul><ul><li>A worker employed for doing a different job but who underwent a training essential to perform tasks of occupational health and safety ser v ice </li></ul></ul><ul><ul><li>In case of the lack of competent workers, the employer is allowed to entrust outsourced experts with performing tasks of occupational health and safety service. </li></ul></ul>INTERNAL SUPERVISING BODIES – OCCUPATIONAL HEALTH AND SAFETY SERVICE Supervision of safety and working conditions
  27. 27. <ul><li>When is an employer allowed to perform tasks of occupational health and safety service him/ herself? </li></ul><ul><li>An employer is allowed do perform tasks of occupational health and safety service him/ herself if: </li></ul><ul><li>He/ she completed a training essential to perform tasks of </li></ul><ul><li>occupational health and safety service. </li></ul><ul><li>2. He/ she employs fewer than 10 workers. </li></ul><ul><li>He/ she employs up to 20 workers and is classified as being in the </li></ul><ul><li>group of business which bears no higher than 3 risk category as </li></ul><ul><li>defined by regulations of the national insurance on account of </li></ul><ul><li>accidents at work and occupational illnesses. </li></ul>INTERNAL SUPERVISING BODIES – OCCUPATIONAL HEALTH AND SAFETY SERVICE Supervision of safety and working conditions
  28. 28. <ul><li>An employer employing more that 250 workers is obliged to appoint an occupational health and safety committee as his advisory and opinion-forming body . </li></ul>INTERNAL SUPERVISING BODIES – OCCUPATIONAL HEALTH AND SAFETY COMMITTEE Supervision of safety and working conditions COMPOSITION OF OCCUPATIONAL HEALTH AND SAFETY COMMITTEE Workers of occupational health and safety service Social work inspector A physician taking care of workers’ health Representatives of the workers chosen by the crew

×