You don't need to run a large factory to have Health and Safety (OSH) responsibilities. Just one employee and one irregularity are enough to expose yourself to serious consequences. An inspection can come unexpectedly, and a fine is just the beginning. What are the risks for an employer who disregards safety rules? And how can costly mistakes be avoided? Check before it's too late.
Consequences of the employer breaching OSH rules – what are they?
Occupational safety and health principles are not just a formality – they provide real protection for people's health and lives. Compliance rests with both employees and employers. However, it is the business owner or managing person who is responsible for ensuring the work environment is safe. If something goes wrong, they will bear the consequences – financial, legal, and sometimes even criminal. The employer's duties regarding OSH are clearly defined by regulations and include, among other things, organizing safe working conditions, training, and supervising compliance with the rules.
Liability for breaching OSH regulations is enshrined in the Labour Code and can take various forms. It all depends on how serious the breach was and what its consequences were. Let's take a closer look.
Financial penalties for non-compliance with OSH
The most common sanction is financial penalties. An employer who fails to provide adequate working conditions can expect a visit from an inspector. A labour inspector can impose a fine for non-compliance with OSH regulations and principles – up to PLN 2,000 for a single offence. In more serious situations or in the case of repeated irregularities, the amount can increase to PLN 30,000. This is stated in Art. 283 § 1 of the Labour Code.
What do fines for OSH non-compliance most often relate to? Lack of training, failure to provide protective clothing, outdated equipment, or allowing people to work without valid medical examinations. Interestingly – shift managers or team leaders can also receive fines. Anyone who manages people is responsible for their safety.
Be aware, because employees must also comply with OSH rules. If they fail to do so, they will also face consequences, including financial ones. Check: penalties for employees for non-compliance with health and safety.
Criminal liability for the employer's non-compliance with OSH
If breaking OSH rules leads to an accident – the matter becomes serious. The consequences of an employer breaching OSH rules can then affect not only their wallet but also their freedom. According to Art. 220 of the Penal Code, a person exposing an employee to danger may be sentenced to a fine, restriction of liberty, or even imprisonment for up to 3 years.
Furthermore, if someone loses their health or life as a result of negligence – the court may consider it manslaughter. An employer who does not comply with OSH regulations is subject to penalties not only as a company – they are personally liable. And it doesn't matter whether they acted intentionally or simply "missed" a training session or failed to keep documents in order.
Can penalties for employers for OSH non-compliance in the workplace be avoided?
You don't have to wait for an inspector from the National Labour Inspectorate (PIP) to show up at your door to start taking action. It's better to anticipate events than to have to explain oversights. Ensuring safety in the workplace is a process that can be organized in advance – and it's truly worthwhile. What works in practice? Primarily, regular training – not only for new employees but also for managers responsible for daily supervision. Equally important is updating OSH documentation so that it reflects the actual state of affairs.
Added to this is the technical inspection of machinery and equipment – not just occasionally, but on an ongoing basis. And finally: internal reviews, which allow potential hazards to be identified before they become real problems.
More and more employers are also choosing to cooperate with external consulting firms. Such an external audit provides a fresh perspective on procedures, identifies gaps, and offers specific recommendations for improvement. All this is done to avoid unpleasant surprises that could end in a fine – for something that could simply have been avoided.
Where should non-compliance with OSH by the employer be reported?
OSH irregularities can (and should) be reported. If you are an employee and see that something is wrong – start by talking to your supervisor or the HR department. Sometimes a brief intervention is enough to resolve the problem.
And what if the supervisor does not react, or the issue is downplayed? Then report the matter to the National Labour Inspectorate (PIP). This can be done anonymously – via an online form, by phone, or directly at a branch office. PIP can enter the company without notice and check the actual situation.
PIP – penalties for the employer are one thing. The second is protection for the employee. If you report violations of regulations, no one has the right to dismiss or harass you for it. You have the right to feel safe – and to exercise that right.
