5. wypadki 47

Szkolenie okresowe BHPSzkolenie okresowe BHPBasic and periodic trainingBasic and periodic training

Szkolenie okresowe BHPSzkolenie okresowe BHPBasic and periodic trainingBasic and periodic training 22
Topics
1. Accident at work;
2. Kinds of accidents;
3. Obligations of the victim and the employer in
case o fan accident;
4. Post-accident procedures;
5. Benefis for accidents at work
6. Causes of accidents at work.

An accident at work is a sudden
incident caused by an external factor,
leading to injury or death, which took
place in relation to work.
DEFINITIONDEFINITION
Accident at work

For an accident to be considered an accident at work four
conditions need to be fulfilled simultaneously:
1. Immediacy of the happening
2. External cause
3. Injury or death
4. Connection with work
ELEMENTS OF ACCIDENTS ATELEMENTS OF ACCIDENTS AT
WORKWORK
Accident at work

Immediacy of the happening means that it is sudden and
unexpected. It is also connected with time framing in which
it takes place.
It is considered that a happening is sudden when it lasts no
longer than one work-day.
IMMEDIACY OF THE HAPPENING
Accident at work
WORKWORK

A happening is considered an accident at work only if it took
place as a result of operation of external causes, i.e. those
originating outside the victim’s body, such as:
temperature operation (e.g. burns, scaldings and
chilblains),
operation of elements of moving machines,
mechanical devices, work tools,
operation of electricity,
operation of chemical substances,
physical effort (e.g. load carrying/ lifting),
tripping or fainting because of an external
cause.
EXTERNAL CAUSE
Accident at work
WORKWORK

An injury of body tissues or organs of a person as a result of
an external cause (skin cut, limb fracture, amputation, tearing
off a limb etc.).
INJURY OR DEATH
Accident at work
WORKWORK

There is a relation between an accident and work when
the happening takes place at work.
Work itself does not have to be a direct cause of a
detriment to worker’s health.
RELATION TO WORK
Accident at work
WORKWORK

Breaking the relation to work takes place when the worker is
performing activities considered his/ her private sphere.
BREAKING THE RELATION TO WORK
There is no question about breaking the relation to
work while the worker is taking a break during work
(to which he/ she has the right) as well as during
travelling from the premises to the place of performing
work.
Accident at work
WORKWORK

Kinds of accidents;
A serious accident at work;
A collective accident at work;
A fatal accident at work;
An accident equal to the accident at work;
An accident on the way to or from work.

A SERIOUS ACCIDENT AT WORKA SERIOUS ACCIDENT AT WORK
A serious accident at work is an accident in the result of which
a serious body injury followed. Serious body injuries
include:
loss of sight, hearing, speech, reproductive abilities,
other body injuries or health disorders which disturb or
violate basic functions of the body,
incurable or life-threatening disease,
permanent mental illness,
complete or partial inability to practise profession,
considerable disfiguration of the body.
Kinds of accidents;

A COLLECTIVE ACCIDENT AT WORKA COLLECTIVE ACCIDENT AT WORK
It is an accident at work in the result of which at least two
people suffered.
Kinds of accidents;

A FATAL ACCIDENT AT WORKA FATAL ACCIDENT AT WORK
A fatality at work is an accident in the result of which death
followed, in the period of no more than 6 months from the day
of the accident.
Kinds of accidents;

A typical example is an accident
during a business trip
AN ACCIDENT EQUAL TO THE ACCIDENTAN ACCIDENT EQUAL TO THE ACCIDENT
AT WORKAT WORK
It is not an accident at work, but rather, in scope of the right to
receive benefits and the procedure of determining
circumstances and causes of it treated as an accident at work
Kinds of accidents;

AN ACCIDENT ON THE WAY TOAN ACCIDENT ON THE WAY TO
OR FROM WORKOR FROM WORK
An accident on the way to or from work is a happening:
 sudden,
 incurred by an external cause,
 which took place on the way to or from the workplace
or the place of performing another activity, if the way
was the shortest and was not interrupted.
Kinds of accidents;

An accident is also considered an accident on the way to and
from work during a break on the way to and from work if the
break was justified for the life-safety reasons and the time of this
break was no longer than necessary, and also when the way not
being the shortest, was the most convenient for the insured for
reasons connected with communication.
Kinds of accidents;
AN ACCIDENT ON THE WAY TOAN ACCIDENT ON THE WAY TO
OR FROM WORKOR FROM WORK

Obligations of the victim and the employer in case of
an accident
VICTIM’S OBLIGATIONVICTIM’S OBLIGATION
The worker, who has had an accident is obliged to immediately
notify his/ her supervisor about the accident. Of course, if only his
health condition allows for that.
REMEMBER!

EMPLOYER’S OBLIGATIONEMPLOYER’S OBLIGATION
To secure the place of the accident until the circumstances and
causes of the accident are determined
REMEMBER!
an accident

1. To take appropriate actions to remove or reduce the threat,
2. To ensure that the victim(s) are provided with the first aid,
3. To take appropriate measures to prevent similar accidents in
the future,
4. To immediately notify a proper organ of the National Sanitary
Inspectorate and the proper labour inspector about a fatality,
a serious or collective accident at work,
5. To methodically analyze causes of accidents at work and
based on these analyses, use proper preventive measures,
6. Determine the circumstances and causes of the accident,
an accident
EMPLOYER’S OBLIGATIONEMPLOYER’S OBLIGATION

Post-accident procedure
COMPOSITION OF THE POST-COMPOSITION OF THE POST-
ACCIDENT COMMITTEEACCIDENT COMMITTEE
A post-accident committee should always be composed of 2
persons:
A worker of the occupational health and
safety service,
A representative of the employees.

In the workplace of an employer who, in accordance with art. 237 § 1 LC
is not obliged to create an occupational health and safety service, the
composition of the post-accident committee should include, instead of
the worker of the occupational health and safety service, the employer
or a worker employed at different work, but who was designated by the
employer to perform tasks of the occupational health and safety
service, or a specialist from outside the company.

If the employer is unable to carry out his/ her duty to create a
post-accident committee composed of two persons because
of a very small number of employees, then the circumstances
and causes of an accident are determined by a post-accident
committee composed of the employer and a specialist from
outside the company

Obligations of the post-accident committeeObligations of the post-accident committee
The post-accident committee is obliged to determine the
circumstances and causes of an accident, i.e.:
To carry out an examination of the place of accident and of the
technical condition of devices,
To analyze the conditions of performing work and other
circumstances which may have had any influence on the
accident,
To hear explanations of the victim,
To gather information from witnesses of the accident,
If necessary, to consult a physician or other specialists,
To determine the kind of the accident and formulate
conclusions and suggest preventive measures, adequate to the
determined causes and circumstances of the accident.

POST-ACCIDENT REPORTPOST-ACCIDENT REPORT
Following the determination of
circumstances and causes of an
accident, the post-accident
committee prepares, within 14 days
from receiving the information
about the accident, a post-accident
report. The period of time may be
prolonged only if there are some
significant reasons which make
meeting the deadline impossible.

The post-accident committee is obliged to introduce the
injured worker with the content of the report before it is
approved.
The injured worker has the right to submit his/ her comments
and objections to the findings and decisions included in the
report, however, the committee is obliged to inform him/ her.

Post-accident report must be authorized by the employer,
immediately after it has been prepared, no later than within
5 days after its preparation.

The authorized post-accident report must be promptly
delivered to the injured worker instructing him/ her about
the way and course of appeal.
The post-accident report in case of a fatality, serious and
collective accident must be immediately delivered by the
employer to the appropriate local organ of the National
Labour Inspectorate.

Post-accident report, together with other post-accident
documentation must be stored by the employer for the period
of 10 years.

ATTACHEMENTS TO THE REPORTATTACHEMENTS TO THE REPORT
1. Victim’s explanations,
2. Information obtained from witnesses,
3. Other documents collected during establishing cinrcumstances
and causes of the accidents (e.g. written opinion of a physician,
written opinion of experts, drawings or photos),
4. Alternatively an opinion submitted by a member of the post-
accident committee,
5. Comments and reservations of the victim (if submitted).

Ensure the realization of doctor’s orders
Keep the record of cases of occupational diseases and suspicion of such diseases
Immediately notify a proper organ of the
National Sanitary Inspectorate and the proper
labour inspector about any case of a
recognized occupational disease or of
suspicion of such disease.
Systematically analyze causes of occupational
diseases and other diseases connected with
conditions of the work environment and, based
on the results of these analyses, take
appropriate preventive measures
Establish causes of the occupational disease
and its character as well as the scope of
threat of this disease, while acting in
agreement with the proper organ of the
National Sanitary Inspectorate
Immediately take appropriate measures to
remove factors which caused development
of the disease
THE EMPLOYER SHOULD
Obligations of the employer in case of an
occupational disease

WHEN AN OCCUPATIONAL DISEASE IS EITHER DIAGNOSED
IN A WORKER OR THERE IS SUSPICION OF
SUCH DISEASE, THE EMPLOYER IS OBLIGED
TO TRANSFER THE WORKER
TO OTHER WORK WHERE HE/ SHE WILL NOT
BE THREATENED BY THE FACTOR.
Obligations of the employer in case of an
occupational disease

1. Poisonings
2. Metal fume fever
3. Pneumoconiosis
4. Diseases caused by asbestos dust
5. Chronic bronchitis
6. Bronchial asthma
7. Allergic infection of pulmonary alveoluses
8. Acute allergies
9. Byssinosis
10. Berylliosis
11. Lung diseases caused by hard metal dusts
12. Allergy-related laryngitis
13. Allergic rhinitis
14. Septal perforation caused by caustic chemical fumes
15. Chronic diseases of the voice organ caused by an excessive voice
effort
16. Diseases caused by ionizing radiation
Occupational diseases

17. Malignant tumours caused by operation of the work environment
factors
18. Dermal diseases
19. Chronic diseases of the movement system caused by the way of
performing work
20. Chronic diseases of the peripheral nervous system
21. Permanent bilateral hearing loss caused by noise
22. Vibration syndrome
23. Decompression sickness
24. Diseases caused by work in the conditions of the raised
atmospheric pressure
25. Diseases caused by operation of high or low ambient temperatures
26. Diseases of the optical system caused by physical, chemical or
biological factors
Occupational diseases

For the insured, whose inability to work was caused by an
accident at work or an occupational disease; granted to the
amount of 100% of the assessment base, which comprises of the
amount of money which is the basis of accident insurance
premiums (max. 6 months).
SICK BENEFITSICK BENEFIT
Provisions in case of accidents at work and
occupational diseases

For the insured who, after the sick benefit has been used up, is
still unable to work and further medical treatment or
rehabilitation holds promise for regaining ability to work
(max. 12 months).
REHABILITATIVE PENSIONREHABILITATIVE PENSION

For the insured who is a worker whose salary has been lowered
as a result of a permanent or long-lasting damage to health.
COMPENSATORY BENEFITCOMPENSATORY BENEFIT

For the insured who, as a result of an accident at work or
occupational disease suffered a permanent or long-lasting
damage to health.
A ONE-TIME COMPENSATIONA ONE-TIME COMPENSATION

For the insured who has become unable to work as a result of an
accident at work or an occupational disease.
DISABILITY PENSIONDISABILITY PENSION

For the insured who has been decided to be retrained in order to
perform different work because of his/ her inability to work in the
former profession as a result of an accident at work or an
occupational disease.
TRAINING PENSIONTRAINING PENSION

For members of family of the deceased or the pensioner entitled
to the disability pension as a result of an accident at work or an
occupational disease.
FAMILY PENSIONFAMILY PENSION

Provisions from the accident
insurance are not vested:
if the sole cause of the accident was proved violation of rules
concerning life and health protection by the insured, and if he/
she violated the rules deliberately or through his/ her own
gross negligence.
when a worker, being intoxicated with alcohol or drugs, for
example psychotropic drugs, him-/ herself and to a
considerable degree contributed to the accident at work.
REMEMBER!
EXCLUSION OF THE RIGHT TOEXCLUSION OF THE RIGHT TO
COMPENSATIONSCOMPENSATIONS

From 01 April 2013 to 31 March 2014 one-time compensations in
case of an accident at work or occupational disease equal:
704 zł704 zł – for each percentage of permanent or long-lasting
damage to health,
12326 zł12326 zł – in case of the medical certificate of complete
inability to work or to unassisted existence of the
insured person.
THE AMOUNT OF ONE-TIMETHE AMOUNT OF ONE-TIME
COMPENSATIONSCOMPENSATIONS

Technical (T)
Organizational (O)
Human (H)
Classification of causes or accidents
according to TOH taxonomy
Causes of accidents at work

1. Designing defect of the machinery or mechanical devices and
tools,
2. Inappropriate use of the material factors,
excessive use of the material factor
inadequate maintenance
inappropriate service and repairs
TECHNICAL CAUSESTECHNICAL CAUSES

1. Improper general organization of work, e.g.:
tolerating, by supervisors, violation of the
occupational health and safety rules and
regulations,
inappropriate commands of supervisors,
lack of supervision,
2. Improper organization of the workstation, e.g.:
improper layout of devices at the workstation,
inappropriate access to and passages between
workstations,
the lack of inappropriate choice of individual
protectors.
ORGANIZATIONAL CAUSESORGANIZATIONAL CAUSES

1. Not using the means of individual protection by a worker,
2. Inappropriate and wilful behaviour of a worker, e.g.:
Entering an unsafe area on foot or by
car without making sure that there is no danger,
Too fast driving,
3. Inappropriate behaviour of the worker caused by:
The lack of knowledge of the rules and
regulation of occupational health and safety
rules,
The lack of experience,
Ignoring orders of the supervisor (s),
Insufficient attention concentration
HUMAN-RELATED CAUAESHUMAN-RELATED CAUAES

5. wypadki 47

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