The Labor Code and implementing regulations oblige the employer to do many things within the framework of OSH, or occupational health and safety. What must he do, what things must he ensure, what must he keep in mind? We explain all this below!
OSH and the employer's responsibilities
The employer is responsible for the state of occupational health and safety in his company, and also undertakes to protect the health and life of his employees by providing them with the right conditions to perform their duties.
What legal act regulates the basic obligations of the employer and employee in the field of occupational health and safety? First of all, the Labor Code, but also the regulations that were issued on its basis. All questions are answered there, while up-to-date knowledge of OSH changes is available on the portal of the Central Institute for Labor Protection or the State Labor Inspectorate, among others.
The basic duties of the employer in the field of occupational health and safety are, first of all:
- organizing work in a safe and hygienic manner;
- removing deficiencies;
- responding to needs and adjusting measures taken to improve the existing level of health and life protection;
- taking into account pregnant, breastfeeding and disabled workers;
- ensuring implementation of the labor inspector's recommendations.
Consultation with employees
The employer's health and safety duties also include consulting on various issues, with employees or their representatives. These take place during working hours and concern in particular:
- occupational health and safety training;
- changes in the organization of work and in the equipment of workplaces, but also the introduction of chemical substances or technological processes if they may pose any danger to an employee;
- assessment of occupational risks and reporting on them;
- creation of an occupational health and safety service or delegation of these tasks;
- selecting employees to provide first aid
- providing personal protective equipment and working clothes and footwear, as well as hygienic working conditions.
Designation of a coordinator
As part of the employer's health and safety rights and obligations, he must appoint a coordinator to supervise and ensure that health and safety regulations are respected at the workplace in question.
If it happens, for example, that there are several crews employed by different companies on the same construction site, then each of them must have its own coordinator. According to the Labor Code, they are obliged to cooperate with each other and choose a chief supervisor and establish clear rules of interaction.
First aid
It is the responsibility of every employer to provide resources and designate employees not only to provide emergency first aid, but also to carry out firefighting activities, as well as evacuate employees. Therefore, one cannot do without a well-equipped first aid kit.
In addition, there must also be contact with external services, with emergency medical services and fire protection for fire fighting. All this, of course, must be adapted to the profile of the business, the number of people employed and the level and type of possible risks.
Obligations of entrepreneurs who are not employers
Obligations relating to the protection of the health and life of employees apply to both employers and entrepreneurs who are not employers, but who organize work performed by other persons not arising from an employment relationship or by persons conducting their own business. This means that the entrepreneur has the right to require them to respect health and safety instructions.
Other obligations
The employer also has other obligations, depending on the type of business. He is therefore obliged to, among other things:
- provide adequate premises, which are to be adapted to the type of work and the number of employees, but also maintain them in a condition that ensures safe and hygienic working conditions;
- provide hygienic and sanitary facilities. Personal hygiene facilities must also be available at work;
- take care of machinery and other technical equipment;
- not to use chemical substances and mixtures before determining their harmfulness and taking appropriate preventive measures;
- provide health and safety training to each employee;
- to provide personal protective equipment free of charge, as well as such items as health and safety clothing, work boots and work gloves;
- documenting occupational risks and using measures to reduce them;
- subjecting employees to medical examinations;
- not employing pregnant or breastfeeding women in work that harms health and is arduous or dangerous.
Health and safety service
In a company where the employer has more than a hundred employees, he is required to establish a health and safety service to advise and control all health and safety processes. If there are fewer, then the employer may entrust the duties of the service to an employee hired for another job or to external specialists.
Offense liability
The employer's health and safety duties must be carried out regardless of the financial situation. According to the provisions of the Labor Code, if someone neglects to do so, he is subject to a fine of 1 to 30 thousand zlotys.
