Poland - 2016

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Summary/citation: The Labour Code applies to employees who work on the basis of employment relationship - employment relationship may be established based on an employment contract, appointment, election or cooperative employment contract among which the employment contract is the most common.
  Under Polish law there is no distinction between public employees and private employees, or between the intellectual and physical workers. Separate agreements apply to uniformed services.
  

  Remarks / comments: In addition, the Labour Code regulates the obligations of the employer in terms of health and safety for those who work on a basis other than employment (civil contracts) and those engaged in self-employed capacity.
  

  • Act of 26 June 1974 - the Labour Code 20141104

  • 2.2.1.1 Migrant workers

    Summary/citation: "Any discrimination in employment, direct or indirect, in particular in respect of gender, age, disability, race, religion, nationality, political views, trade union membership, ethnic origin, creed, sexual orientation or in respect of the conditions of employment for a definite or an indefinite period of time or full or part time, are prohibited" - art. 11 (3) Kodeksu Pracy.

    Remarks / comments: Rules to claim compensation for foreigners working illegally are defined in the Act of 15 June 2012 on the effects of delegating work to foreigners unlawfully residing on the territory of the Republic of Poland.

    • Act of 6 July 2012 on the Effects of Employing Foreigners Staying Illegally within the Territory of the Republic of Poland 20120706

    • Act of 26 June 1974 - the Labour Code 20141104

  • 2.2.1.2 Domestic workers

    Remarks / comments: Domestic workers are treated like other employees performing work under a contract of employment or as persons providing work under civil law contracts.

  • 2.2.1.3 Home workers

    Summary/citation: "If the teleworker is working from home, the employer must perform the duties specified in Section ten towards the teleworker, in respect of the type and conditions of the work performed, except for:
    1) the duty to ensure health and safety in the workplace, determined in Article 212 point 4,
    2) the duties determined in Chapter III of this Section,
    3) the duty to ensure appropriate hygiene and sanitary facilities, determined in Article 233" - art. 67 (17) Kodeksu Pracy.
    "A teleworker may not be treated in a less favourable manner in relation to undertaking or terminating an employment relationship, employment conditions, promotion and access to training to improve professional qualifications than other employees employed in the same or similar position, taking into account the particular conditions of the work performed in the form of telework" - art. 67 (15) Kodeksu Pracy.

    • Act of 26 June 1974 - the Labour Code 20141104

  • 2.2.1.4 Self-employed persons

    Summary/citation: "The employer is obliged to ensure the conditions of health and safety at work as referred to in Article 207 § 2 to individuals performing work on a basis other than an employment relationship in a work establishment or in a place designated by the employer, as well as to anyone conducting business activity on their own account in the work establishment or in a place designated by the employer" - art. 304 § 1 Kodeksu Pracy.

    Remarks / comments: OSH regulations do not apply to individuals not performing work in a place designated by the employer.

    • Act of 26 June 1974 - the Labour Code 20141104

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: If the work in the agricultural sector is performed under a contract of employment or civil contracts, the provisions of the Labour Code apply to both the employers and employees.

  Remarks / comments: Individual farming sector in Poland is quite unusual. Most farmers are self-employed which restricts the interference of state institutions involved in the monitoring of compliance with health and safety. However, given that health and safety are regarded as an essential part of farm business management, numerous initiatives of educational and preventive nature have been undertaken. These are mostly institutional measures. An important role in this respect play those institutions whose activities are aimed at protecting the health of the rural population, as well as taking care of the technical safety improvement measures used in agricultural production. These are: Agricultural Social Insurance Fund, State Labour Inspectorate, Institute of Rural Medicine, Central Institute for Labour Protection and some universities.

  • Act of 26 June 1974 - the Labour Code 20141104

• 2.4.2 Construction

  Summary/citation: The provisions of the Labour Code apply to work in the construction sector.

  Remarks / comments: The Labour Code defines the rights and duties of employees and employers. In terms of health and safety regulations, the Labour Code also applies to employers or entrepreneurs ordering the execution of the work under civil law contracts and the self-employed - the employer is responsible for health and safety at the designated workplace.

  • Act of 26 June 1974 - the Labour Code 20141104

  Related CEACR Comments
  • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2014
  

• 2.4.3 Services

  Summary/citation: The provisions of the Labour Code shall apply to persons providing services, as long as work is carried out under the civil law relationship or as part of a civil contract, or by self-employed. In addition, work has to carried out at the registered office of the employer/entrepreneur or a place designated by him.
  

  Remarks / comments: The place designated to perform services does not only constitute a specific address but also a geographic or administrative area, where services shall be provided.

  • Act of 26 June 1974 - the Labour Code 20141104

• 2.4.4 Public sector

  Summary/citation: Employers are responsible for health and safety at work. It is the employers’ duty to ensure safe working conditions, including measures to prevent accidents at work, occupational diseases and other work-related diseases. These regulations apply both to the public and private sectors.

  • Act of 26 June 1974 - the Labour Code 20141104

• 2.4.5 Other

  No data available.
  

  Related CEACR Comments
  • Safety and Health in Mines Convention, 1995 (No. 176) Direct Request 2014
  

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: The register of occupational diseases was placed in the Annex to the Council of Ministers Regulation of 30 June 2009 regarding occupational diseases.

  • Council of Ministers Regulation of 30 June 2009 regarding occupational diseases (Text No. 869). (Załącznik)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Summary/citation: In case of disease related to working conditions or method of its implementation but not included in the list of occupational diseases, damage incurred as a result of such disease may be sought through civil action.

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The powers of the Minister of Labour and Social Policy include management, coordination and supervision of occupational health and safety matters. The Minister also holds legislative powers.
  

  • Regulation of the Prime Minister of 17 November 2015 on the Detailed Scope of Activities of the Minister of the Labour and Social Policy 20151118

  • Act of 4 September 1997 on Government Administration Divisions 20130627

• 3.1.2 Chairperson and composition

  Summary/citation: The Ministry is headed by the Minister of Labour and Social Policy who is appointed by the prime minister and belongs to the Polish government. The Ministry is also comprised of two secretaries of state and four under secretaries of state. Within the Ministry there is also a Department of Labour Law responsible for drawing up government Bills of Amendment to the Labour Code and other normative acts within the labour law, in order to fully align the Polish legislation with the legislation of the European Union and acts of the International Labour Organisation, the Council of Europe, also considering the real-life practicalities.

  • Regulation of the Prime Minister of 17 November 2015 on the Detailed Scope of Activities of the Minister of the Labour and Social Policy 20151118

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  Summary/citation: The subject of the Institute’s activity is conducting research and development works leading to new technical and organisational solutions in the field of labour protection, related to occupational safety, health and ergonomics as well as other tasks essential for reaching the goals of the state’s socio-economic policy in this field.

  Remarks / comments: Principal activities of the Institute in terms of occupational safety, health and ergonomics:
  - conducting research and development work, and realisation of other tasks set for the Institute by the Council of Ministers in long-term programmes,
  - disseminating the results of the above-mentioned works in publications, competitions, exhibitions, scientific conferences, symposia and seminars,
  - improving methods of conducting research and development works,
  - creating educational curricula and aids for the national education system, training and postgraduate education,
  - developing and providing opinions on standards and guidelines of labour protection.

  • Resolution of the Council of Ministers of 5 November 2005 on Granting the National Labour Inspectorate the Status of a National Research Institute 20021105

  • Act of 4 April 1950 on the Central Institute for Labour Protection 19500405

• 3.2.2 Governance board constitution and chairmanship

  Summary/citation: The Institute is headed by the Director and the Scientific Council.
  The Director is appointed by the Minister of Labour and Social Policy, who oversees CIOP-BIP, for a period of four years following recommendation of the Scientific Council.
  The Director is responsible for setting up plans, manages human resources and the Institute's property, is responsible for the Institute's scientific and R&D results, and represents the Institute.
  The Institute's Scientific Council provides decision making, project initiation, opinion dissemination, and advisory services.

  • Act of 30 April 2010 on Research Institutes (Art. 23)

• 3.2.3 Source of funding

  Summary / Citation: The Institute generates revenues by selling the results of research and development, patents, proprietary rights and licenses to use inventions and utility models, implementation works, and equipment production.
  

  • Act of 30 April 2010 on Research Institutes (Art.18)

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  Summary/citation: Each phase of the programme before it is established by resolution is thoroughly consulted.
  

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  Summary / Citation: Direct supervision is required when performing work that is extremely dangerous such as: work in the reservoirs, canals, setting up technical equipment, construction work, work with hazardous materials, or work at heights.
  These can also include additional hazardous jobs as specified in other provisions of the Labour Code or determined as such by the employer.

  Remarks / comments: Work in confined spaces warrants constant supervision.
  

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 81)

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: "An employer conducting activity that involves a sudden danger to the health and life of employees must take measures preventing the danger. In the case referred to in § 1, the employer is obliged to ensure:
  1) rescue devices and equipment corresponding to the type of danger, and their use by properly trained people,
  2) the provision of first aid to the injured" - art. 224 § 1 and 2 Kodeksu Pracy.

  Remarks / comments: First aid system includes first aid kits in the departments in which high risk of accidents is more likely to occur. Employers are required to carry out an assessment of first-aid needs. This involves consideration of workplace hazards and risks, the size of the organisation and other relevant factors, to determine what first-aid equipment, facilities and personnel should be provided.

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§44)

  • Act of 26 June 1974 - the Labour Code 20141104 (Art.224 § 2)

• 4.8.2 Sanitary installations

  Summary / Citation: "The employer must ensure that employees have appropriate hygiene and sanitary equipment, and must provide them with necessary items of personal hygiene" - art. 233 Kodeksu Pracy.
  The type and size of the sanitary premises should be adapted to the number of employees, the technologies used and the types of work and the conditions under which the work is carried out.

  Remarks / comments: Specific requirements for hygienic and sanitary conditions are set out in Annex 3 of the Regulation concerning occupational safety and health. Sanitary facilities include: change rooms, public washrooms with showers, restrooms, special premises for breastfeeding mothers and pregnant women, and rooms for warm up break for employees.

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 111, zał.3)

  • Act of 26 June 1974 - the Labour Code 20141104 (Art. 233)

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2014
  

• 4.8.3 Drinking water

  Summary / Citation: In accordance with the Regulation, employers are required to provide safe drinking water and other appropriate drinks. Extreme conditions warrant for other drinks encouraging rehydration. The employer is obliged to provide appropriate meal and drinks free of charge to workers employed in particularly strenuous conditions if this is required for protective reasons (article 232 of the Labour Code). The amount, type and temperature of drinks should be adjusted accordingly to the working conditions and physiological needs of employees. Safe, palatable water cannot be located more than 75m away from the workplace.

  Remarks / comments: The types of meals and drinks, the requirements they should satisfy and also cases and conditions for issuing them are specified in the Regulation of the Council of Ministers of 28 May 1996 on free meals and drinks.

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 112 i 113)

  • Regulation of the Council of Ministers of 28 May 1996 on Free Meals and Drinks 19960528

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2014
  

• 4.8.4 Rest and eating areas

  Summary / Citation: Workplace must be equipped with suitable rest facilities for use by employees who are pregnant or breastfeeding. Such spaces have to be provided for if the employee employs more than 20 women during one working shift. All workers who take their meals on their employers' premises are entitled to do so in hygienic surroundings, seated on chairs or benches, with a sufficient number of tables or desk tops on which to place their food. Canteen should be equipped with an appropriate heating equipment for food and two-compartment sink. Where employees prepare their own meals, special compartments for food storage have to be readily accessible.

  Remarks / comments: Suitable rest facilities have to be provided for 20 workers and less if the food eaten in the workplace could become contaminated by hazardous substances.

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704).

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: "The employer is obliged to protect the health and life of employees by ensuring conditions of health and safety at work by the appropriate use of the achievements of science and technology. In particular, the employer is obliged to:
  4) ensure the development of a coherent policy preventing accidents at work and occupational diseases; the policy should consider technical problems, work organisation, conditions of work, social relations as well as the
  effect of factors of the work environment" - art. 207 § 2 pkt 4 Kodeksu Pracy.

  "The employer, who is responsible for the status of occupational safety and health (OSH) at the establishment, is obligated to protect the employees’ life and health by:
  - risk prevention,
  - carrying out risk assessment of threats, which can not be excluded,
  - whenever possible, eliminating or controlling hazards at their source,
  - adapting the work to the individual, especially as regards the design of work places, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their effect on health,
  - using new technologies,
  - substituting the dangerous by the non-dangerous or the less dangerous (replacing the machine or material or other feature that introduces the hazard by an alternative),
  - giving priority to collective protection measures over individual protection measures,
  - giving appropriate instructions to workers" - § 39 ust. 2 of the Regulation.

  Remarks / comments: According to the Polish law, there is no obligation to develop written management procedures.

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 39 ust.2)

  • Act of 26 June 1974 - the Labour Code 20141104 (Art.207 § 2 pkt 4)

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: "An employer with more than 100 employees must create a health and safety at work service to perform advisory and supervisory functions concerning health and safety at work; an employer who employs up to 100 employees assigns health and safety at work service tasks to an employee performing other work An employer who has completed the training necessary to carry out the tasks of the health and safety at work service may perform the tasks of the service himself, if:
  1) he employs up to 10 employees, or
  2) he employs up to 20 employees and has been qualified in a group of activity no higher than the third category of risk in the meaning of the provisions on social insurance in relation to accidents at work and occupational diseases" - art. 237 (11) § 1 Kodeksu Pracy.

  • Act of 26 June 1974 - the Labour Code 20141104 (Art.237(11) § 1)

• 5.1.3 Written risk assessment

  Summary/citation: "The employer must:
  1) evaluate and provide documentation on any professional risk connected with the work performed, and must apply necessary preventative measures decreasing the risk,
  2) inform employees about any professional risk related to the work performed, as well as on the principles of protection against dangers" - art. 226 pkt 1 and 2 Kodeksu Pracy.

  The employer must evaluate the risks in order to make the best informed selection of work equipment, chemical substances or preparations used, the fitting out of the workplace, and the organization of work. In doing so, the employer must identify all of the hazards created at work.
  The employer is required to inform workers and/or their representatives of the results of the assessment and of the measures introduced (making the records available to them). A record of the results of risk assessments at work should be kept. Such records should include:
  - description of a workstation being evaluated, inclusive of used machines, tools and materials, tasks performed, risks arising out of the work which are reasonably forseeable, collective and individual protective measures, and of the workers assigned to a particular workstation,
  - results of the conducted risk assessment and a recommendation on whether further measures to prevent or reduce the risk need to be introduced.

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 39a ust.1 i 3)

  • Act of 26 June 1974 - the Labour Code 20141104 (art.226 pkt 1)

• 5.1.4 Safe operating work systems and procedures

  Summary/citation: "The employer must ensure employees are familiar with the provisions and principles of health and safety at work concerning the work they perform.
  The employer is obliged to issue detailed instructions and directives concerning health and safety at workstations.
  Each employee must confirm, in writing, that he or she is familiar with the provisions and principles of health and safety at work" - art. 237 (4) § 1, 2 and 3 Kodeksu Pracy.

  General instruction should familiarise the workers with the basic regulations on occupational safety and health, as contained in the Labour Code and in the work regulations, as well as the OSH rules and regulations in force in a given enterprise, as well as with the principles of administering first aid.

  In addition, prior to performing hazardous work the employer/manager is obliged to familirise the workers with the division of labor, the order of the performed tasks, and knowledge and skills required to perform or organise work in accordance with the rules and regulations on occupational safety and health.

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 41 i § 81 ust.1 pkt 3)

  • Act of 26 June 1974 - the Labour Code 20141104 (Art.237(4) § 2)

• 5.1.5 Training and information on risks

  Summary/citation: The employer has a duty to familiarise the workers with their job specifications, the method of fulfilling their work at their specific work posts, including the provision of training on occupational safety and health before allowing them to work and to ensure that training is held periodically in this respect.

  "The employer must ensure training for an employee concerning health and safety at work before allowing him to work, and must provide periodic training in this area. This training is not required if the employee is returning to work in the same position he occupied with a given employer directly before concluding a subsequent employment contract with this employer.
  The employer must participate in the training concerning health and safety at work as necessary given the employer's duties. The training should be repeated periodically.
  The training referred to in § 2 will be conducted during working hours and at the employer's expense" - art. 237 (3) § 2 and 3.

  The employer shall inform employees of the risks, in particular risks against which they protect their personal protective equipment and provide information about these measures and the rules for their use. (§ 39c)

  Remarks / comments: In addition, employers are required to train:
  - workers employed at posts in positions where work is related directly to production or production control or there is exposure to hazardous, harmful or arduous agents,
  - workers transferred to these positions in the event of changes in technical and organisational conditions,
  - trainees and students who are on internships or who are practically learning the trade.

  • Regulation of Minister of Economy and Labour of 27 July 2004 on Health and Safety Training (Dz.U. 2004 nr 180 poz. 1860).

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 39c)

  • Act of 26 June 1974 - the Labour Code 20141104 (art.237 (3), 226, )

• 5.1.6 Review or assessment of the results of preventive measures

  Summary/citation: The employer is obliged to assess occupational risks on a regular basis. Particular emphasis should be placed on the organization of work processes and the technical condition of machinery and other equipment. Monitoring the protective and preventive measures to ensure that their effectiveness is maintained also has to take place.

  Remarks / comments: According to the law, the assessment of occupational risk is obligatory. If the company is small and the employer has a good knowledge of the work performed there, he can assess the risk himself. In a larger company, the assessment of the occupational risk can be undertaken by competent workers, ideally together with the OSH Specialist. It is also possible to ask for help from external specialists, but it should be remembered that the employer is always responsible for the correct assessment of occupational risk.

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 40 ust.1 )

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: The employer consults with employees, or with their representatives all the actions concerning health and safety at work.

  "The employer must ensure proper conditions for consultations, and in particular ensures that they take place in working hours. For the time not worked in connection with participation in the consultations, employees or their representatives retain the right to remuneration" - art. 237 (11) § 3 Kodeksu Pracy.

  "If there is a health and safety at work commission at the employer, the consultations referred to in § 1 may be conducted by this commission, and the rights referred to in § 2 and 4 will be due to the employees or their representatives who are members of the commission" - art. 237 (11a) § 5 Kodeksu Pracy.

  Remarks / comments: "The employer consults with employees, or with their representatives all the actions concerning health and safety at work, in particular related to:
  1) changes in work organisation and the equipment of job positions, the organisation of introducing new technological processes as well as chemical substances and their mixtures, if they can pose a threat to the health and life of employees,
  2) an evaluation of the professional risk present in performing specified works, and informing the employees about the risk,
  3) the establishment of the health and safety at work service, or assigning the performance of the tasks of this service to other people, as well as appointing employees to perform first aid, and within the scope of fire protection activities and the evacuation of employees,
  4) granting employees measures of individual protection as well as working clothing and shoes,
  5) training employees on health and safety at work issues" - art. 237 (11a) § 1 pkt. 1-5 Kodeksu Pracy.

  • Act of 26 June 1974 - the Labour Code 20141104 (Art.237(11a) )

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  Summary / Citation: "An employer with more than 100 employees must create a health and safety at work service to perform advisory and supervisory functions concerning health and safety at work; an employer who employs up to 100 employees assigns health and safety at work service tasks to an employee performing other work. An employer who has completed the training necessary to carry out the tasks of the health and safety at work service may perform the tasks of the service himself, if:
  1) he employs up to 10 employees, or
  2) he employs up to 20 employees and has been qualified in a group of activity no higher than the third category of risk in the meaning of the provisions on social insurance in relation to accidents at work and occupational diseases" - art. 237 (11) § 1.

  "Employer who engages 100 to 600 employees creates a multi- or single-unit or employs the professional employee in this unit on part-time work. (§ 1 par. 3) . Employer employing more than 600 workers need to engage at least 1 professional OSH employee in full-time employment for every 600 employees." (§ 1 ust. 4) - § 1 ust. 3 and 4 Regulation of the Council of Ministers of 2 September 1997 on Occupational Safety and Hygiene Service

  Occupational safety and health service has advisory and inspection functions with respect to safety and health at work. Appointment of OSH service does not relieve the employer from liability for the state of health and safety at the workplace. The detailed scope of work, organization and powers of OHS professionals are regulated by the regulation of the Council of Ministers on 2 September 1997 on occupational safety and health. The workers concerned should, in any case, be informed of the workings of the OSH services.
  Occupational medicine services operate outside the workplace. The aim of its operation is the protection of the health of workers against the impact of adverse work environment conditions and exercising preventive health care and health monitoring of workers. The organizational units of the occupational medicine service are the basic units (health care physicians, running individual medical practices) and provincial occupational medical centres. The employer is obliged to inform occupational medicine services of any identified occupational risks on an ongoing basis.

  Remarks / comments: "The relevant labour inspector may order the establishment of health and safety at work service, or an increase in the number of employees on this service if it is justified by confirmed occupational dangers" - art. 237 (11) § 4.

  The tasks of occupational medicine services should include limiting the harmful effects of work on health, exercising preventive health care, conducting outpatient rehabilitation, organizing and providing first aid, initiating and implementing health promotion, analyzing workers' health, the collection, storage and processing of information about occupational exposure, occupational risks and health status of persons covered by the preventive healthcare.

  • Act No. 593 of 27 June 1997 on Occupational Health Services.

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704).

  • Act of 26 June 1974 - the Labour Code 20141104 (art.237(11))

  Related CEACR Comments
  • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2014
  

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: OSH professional must have at least a qualification of an occupational health and safety technician. OSH specialist must have a higher degree in occupational health and safety or a postgraduate certificate in occupational health and safety and one year experience as an OSH specialist. Senior OSH officer must have more than one year of experience. Experts providing OSH services may be persons having qualifications and experience provided for OSH specialist.
    Preventive medical examinations can be carried out by occupational health officers and also by doctors trained in tropical, maritime, industrial, railway, transport and aviation medicine.

    • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 4 ust.2)

    • Order of 30 May 1996 of the Minister of Health Care and Social Welfare on carrying out of medical examinations of workers, to the extent of the preventive health care for workers, as well as on medical decisions issued to such ends provided for by the Labour Code (Dz.U. 1996 nr 69 poz. 332). (§ 7)

    Related CEACR Comments
    • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2014
    

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  Summary/citation: "The relevant labour inspector may order the establishment of health and safety at work service, or an increase in the number of employees on this service if it is justified by confirmed occupational dangers" - art. 237 (11) § 4 Kodeksu Pracy.
  Compulsory medical examinations of employees are independent of the number of workers employed.

  • Act of 26 June 1974 - the Labour Code 20141104 (art.237(11))

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: "The Council’s task is to formulate its position on matters covered by the scope of the National Labour Inspectorate’s activity, in particular as regards:
  1) work programmes and tasks of National Labour Inspectorate,
  2) periodical evaluations of the National Labour Inspectorate’s activity and conclusions resulting from these evaluations,
  3) labour protection issues on a national scale" - art. 7 pkt.7 Ustawy.

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589). (art.7 pkt.7)

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: "The Council consists of 30 persons, including a chairman, vice-chairman, secretary and members who are appointed and recalled by the Speaker of Parliament. The Council’s term of office lasts four years" - art. 7 pkt.2 Ustawy.
  "The rules of representation in the Council and the amount of daily allowance in case of participating in the Council’s meetings are established by the Speaker of Parliament" - art. 7 pkt. 6 Ustawy.

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589). (art.7 pkt. 2 and 6)

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  Summary / Citation: Social Labor Inspector's employment is guaranteed. The Social Labour Inspector should demonstrate the necessary knowledge of social labour inspection issues and should have adequate job seniority in the company. The Inspector's contract of employment cannot be terminated during its duration which lasts 4 years. In addition, the contract cannot be terminated up to one year after its expiry - art. 13 Ustawy.

  "Employees and their representatives may not bear any negative consequences with regard to the activity referred to in § 1, 2 and 4. This also applies to the employees and their representatives referred to in § 5" - art. 237 (11a) § 6 Kodeksu Pracy.

  • Law of 24 June 1983 on the Social Labour Inspectorate (Dz.U. Nr 35, poz. 163). (art.13)

  • Act of 26 June 1974 - the Labour Code 20141104 (art.237 (11a) § 6)

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  Summary / Citation: Social Labour Inspector can inspect company’s premises, machines and technological processes and participate in investigations of occupational accidents and work-related diseases and verification whether appropriate preventative measures are being taken.
  "The employer must ensure proper conditions for consultations, and in particular ensures that they take place in working hours. For the time not worked in connection with participation in the consultations, employees or their representatives retain the right to remuneration.
  Upon a justified request from the employees or their representatives concerning danger to the health and life of employees, the labour inspectors of the State Labour Inspectorate will carry out inspections and apply the legal means provided for by the provisions on the State Labour Inspectorate" - art. 237 (11a) § 2 and 4 Kodeksu Pracy.

  • Law of 24 June 1983 on the Social Labour Inspectorate (Dz.U. Nr 35, poz. 163). (art.4)

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: In carrying out duties, Social Labour Inspectors have the right to enter the premises at any time and to be given documents relating to the issues they deal with.

  • Law of 24 June 1983 on the Social Labour Inspectorate (Dz.U. Nr 35, poz. 163). (Art.8 ust.1,art.4)

  • Act of 26 June 1974 - the Labour Code 20141104 (Art. 237 (13) § 1)

• 8.4.2 Right to access OSH information

  Summary / Citation: The Social Labour Inspector is entitled to visit workplaces, demand data and information from the administration and employees, as well as to notify the employer of any violations to the labour protection regulations.

  • Law of 24 June 1983 on the Social Labour Inspectorate (Dz.U. Nr 35, poz. 163). (Art.8 ust.2)

  • Act of 26 June 1974 - the Labour Code 20141104 (Art.237 (13) § 1)

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  Summary / Citation: "To carry out the tasks listed in § 1, the health and safety at work commission may use the expertise or opinion of specialists from outside the work establishment if it has been agreed with the employer and at the employer's expense" - art. 237 (13) § 3 Kodeksu Pracy.

  • Law of 24 June 1983 on the Social Labour Inspectorate (Dz.U. Nr 35, poz. 163). (art.18)

  • Act of 26 June 1974 - the Labour Code 20141104 (art.237 (13) § 3)

• 8.4.5 Right to accompany inspectors

  Summary / Citation: "In the course of inspection activities a labour inspector collaborates with trade unions, personnel's self-government authorities, work councils and social labour inspection. Collaboration referred to in subsection 1 consists particularly of:
  1) providing information about the subject and scope of inspection being conducted;
  2) analyzing reported comments and observations;
  3) providing information about inspection results and decisions made;
  4) providing advice and information related to labour law" - art. 29 ust.1 and 2 Ustawy.
  Social Labour Inspectors cooperate with the National Labour Inspectorate and other bodies supervising and inspecting working conditions. They also have the right to take part in the inspections conducted by the National Labour Inspectorate representatives.

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589). (art. 29 ust.1 and 2)

• 8.4.6 Right to use facilities

  No data available.
  

• 8.4.7 Right to have time off work with pay to perform duties

  Summary / Citation: "The employer must ensure proper conditions for consultations, and in particular ensures that they take place in working hours. For the time not worked in connection with participation in the consultations, employees or their representatives retain the right to remuneration" - art. 237(11a) § 3 Kodeksu Pracy.

  • Law of 24 June 1983 on the Social Labour Inspectorate (Dz.U. Nr 35, poz. 163). (art.15)

  • Act of 26 June 1974 - the Labour Code 20141104 (art.237(11a) § 3)

• 8.4.8 Right to issue remedial notices

  Summary / Citation: The National Labour Inspector should inform the employer where health and safety requirements are not being met and they can ask for employees who do not have the appropriate training to work in a safe manner to be withdrawn from that work. They also have powers to recommend to the employers that specific hazards be removed.

  • Law of 24 June 1983 on the Social Labour Inspectorate (Dz.U. Nr 35, poz. 163). (Art.9)

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: "Employees, or their representatives, may make suggestions to the employer on reducing or removing the occupational dangers" - art. 237 (11a) § 2. The Labour Code does not stipulate whether such suggestions have to be taken into account by the employer.

  • Act of 26 June 1974 - the Labour Code 20141104

• 8.4.10 Right to direct that dangerous work cease

  Summary / Citation: In the case of a direct threat to workers’ safety and where the employer fails to act, the National Labour Inspector can require that a particular process or piece of equipment be halted. The ability to request employer to halt a particular process or stop machinery is limited to the company social labour inspector (the most senior), who must communicate the decision to the local trade union organisation. The employer can appeal against the decision to the National Labour Inspectorate.

  • Law of 24 June 1983 on the Social Labour Inspectorate (Dz.U. Nr 35, poz. 163). (Art.11 ust.2)

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  No data available.
  

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  No data available.
  

• 8.5.3 Right to consult with workers

  No data available.
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: "The health and safety at work commission is made up of equal numbers of representatives of the employer, including the employees of the health and safety at work service and a doctor conducting preventative health care over the employees, and representatives of employees, including a social labour inspector" - art. 237 (12) § 1 Kodeksu Pracy.

  • Act of 26 June 1974 - the Labour Code 20141104 (art.237 (12) § 1)

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: "An employer with more than 250 employees must appoint a health and safety at work commission as an advisory and opinion-making body. The chairperson of the health and safety at work commission is the employer or a person authorised by him, and a deputy chairperson - a social labour inspector or a representative of the employees" - art. 237 (12) § 1 and 2 Kodeksu Pracy.

  • Act of 26 June 1974 - the Labour Code 20141104 (art. 237 (12) § 1 and 2)

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  Summary / Citation: "The tasks of the health and safety at work commission are to verify the conditions of work, carry out a periodic evaluation of the state of health and safety at work, giving an opinion on the measures taken by the employer to prevent accidents at work and occupational diseases, making suggestions on improving the conditions of work, and co-operating with the employer over his duties towards health and safety at work" - art. 237 (13) § 1 Kodeksu Pracy.

  • Act of 26 June 1974 - the Labour Code 20141104 (art.237 (13) § 1)

• 8.6.4 Keeping record of the work of joint OSH committees

  No data available.
  

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: Hazardous materials should be stored in places and packages designed for this purpose and marked accordingly. Tanks, vessels and other containers for storage of hazardous materials should be properly labeled, made of resistant materials, properly sealed, filled to ensure adequate space to allow for thermal expansion.
  The method of storage and use of hazardous materials should ensure the right conditions (e.g., temperature and humidity, avoidance of sunlight). The need for special arrangements for specific and immediate treatment should be emphasized.

  Remarks / comments: The regulations for handling of hazardous materials are very detailed and include requirements for handling and storage, storage tanks, storage of liquid materials, packaging, loading and transport (§ 93 - 100 bhp general provisions).

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704).

  Related CEACR Comments
  • Chemicals Convention, 1990 (No. 170) Observation 2009
  • Chemicals Convention, 1990 (No. 170) Direct Request 2014
  

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  Summary / Citation: "Safety data sheets shall be drafted for biocidal products and active substances contained in the composition of biocidal products in accordance with the principles laid down in Regulation (EC) No 1907/2006 of the European Parliament and the Council of 18 December 2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1, with subsequent amendments), hereinafter referred to as “Regulation No 1907/2006” - art. 73 pkt 1.

  Accordingly manufacturers, importers and users are required to keep all information necessary for the implementation of the Regulation for a period of ten years.

  • Act of 11 February 2011 on the Chemical Substances and their Mixtures (Dz.U. Nr 63, poz. 322).

  Related CEACR Comments
  • Chemicals Convention, 1990 (No. 170) Observation 2009
  • Chemicals Convention, 1990 (No. 170) Direct Request 2014
  

• 9.2.3 Pesticides

  Summary / Citation: The Law on Plant Protection lays down the principles of: protection of plants against harmful organisms; approval of marketing of plant protection products and active ingredients to be used in plant protection products; prevention of the threats for human and animal health as well as environment which may arise during marketing and application of plant protection products; organization of the State Plant Health and Seed Inspection Service.
  The procedures for handling and storage of plant protection products (including pesticides) are set out in the Regulation of the Minister of Agriculture and Rural Development.

  • Regulation of the Minister of Agriculture and Rural Development of 22 May 2013 on the Handling and Territorial Use of Plant Protection Products (Dz.U. z 2013 r0., poz. 625).

  • Act of 8 March 2013 on Plant Protection Products [pesticides] (Dz.U. 2013 nr 0 poz. 455).

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: In accordance with the Atomic Law Act (art. 7), the head of entity conducting activities which involve ionizing radiation bears liability for the application of radiation.
  "An organizational entity which conducts activities that require a licence shall not transfer nuclear materials, radioactive sources, equipment containing such sources, radioactive waste nor spent nuclear fuel to an organizational entity which is does not hold a licence for conducting activities involving such materials, sources, devices, waste or spent nuclear fuel" - art. 5a pkt. 1 of the Atomic Law Act.

  According to the Regulation of the Minister of Health and Social Welfare of 30 May 1996 on Employee Medical Examinations, assessments of the workers’ exposure shall be performed every three years.

  "Internal supervision over the fulfillment of radiological protection requirements in X-ray laboratories using X-ray devices for the purposes of medical diagnostics, interventional radiology, surface radiotherapy and radiotherapy of non-cancerous diseases shall be exercised by an individual holding the authorization for radiological protection inspector in these X-ray laboratories" - art. 7 pkt. 5 of the Atomic Law Act.

  "In radiological emergency conditions, the exposure assessment for workers and members of the public shall be performed with frequency enabling the determination of measures and activities, which are necessary for health protection" - art. §7.1 pkt. 3 of the Regulation of the Council Ministers of 18 January 2005 on Ionizing Radiation Dose Limits.

  “1. For employees the dose limit expressed as effective dose (effective) is 20 mSv per calendar year, subject to § 3. 1.
  2. Dose referred to in paragraph. 1, may be in a given calendar year exceeded the value of 50 mSv, provided that in the next five calendar years the total value does not exceed 100 mSv.
  3. The dose limit, expressed as equivalent dose amounts during a calendar year:
  1) 150 mSv - for the eye lens;
  2) 500 mSv - for skin, as an average value for any area of 1 cm 2 irradiated portion of the skin;
  3) 500 mSv - for hands, forearms, feet and legs.” art. §2 of the Regulation of the Council Ministers of 18 January 2005 on Ionizing Radiation Dose Limits
  

  • Regulation of the Council Ministers of 18 January 2005 on Ionizing Radiation Dose Limits (Dz.U. 2005 nr 20 poz. 168). (§7.1 pkt. 3)

  • Act of 29 November 2000 on Atomic Energy. (5a pkt. 1 and 7 pkt. 5)

  • Order of 30 May 1996 of the Minister of Health Care and Social Welfare on carrying out of medical examinations of workers, to the extent of the preventive health care for workers, as well as on medical decisions issued to such ends provided for by the Labour Code (Dz.U. 1996 nr 69 poz. 332).

  Related CEACR Comments
  • Radiation Protection Convention, 1960 (No. 115) Observation 1995
  • Radiation Protection Convention, 1960 (No. 115) Direct Request 2015
  

• 9.4.2 Vibration and noise

  Summary / Citation: Risks related to exposure to noise should be eliminated at source or reduced to a minimum according to the principles of prevention laid down in the Regulation of the Minister of Economy and Labour of 5 August 2005 on safety and hygiene at work for works related with exposure to noise or mechanical vibrations.
  If the risk assessment indicates that the noise level of the working environment is more than allowed, the employer shall prepare and implement a programme of technical and organisational measures to avoid or reduce exposure to noise. This can be done by: reducing employee's exposure to noise by increasing the number of work breaks, the supply of workers with personal protective equipment, marking areas at risk of noise, and if it is necessary to restrict access to these zones. The employer shall identify significant noise sources in the course of the working environment risk assessment. The maximum noise limits for working environments are established in the annex to the regulation.

  • Regulation of the Minister of Economy and Labour of 5 August 2005 on Occupational Safety and Health for Works Related with Exposure to Noise or Mechanical Vibrations (Dz.U. z 2005 r. Nr 157, poz. 1318).

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704).

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2014
  • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Direct Request 2009
  

• 9.4.3 Working at height

  Summary / Citation: Any work undertaken at more than 1 m from the floor is work at height. Construction is one of the most dangerous sectors. The whole construction process should be planned, starting with the design stage, to minimise the risk of falls. Workers must be familiar with the regulations on work protection, including the rules and regulations on occupational safety and health. Work at height should be organized in a way that is not forcing the employee to lean out beyond the railing or platform on which he/she stands. OSH provisions also regulate safety requirements for work at heights including working with ladders, scaffolds, wheeled cranes or mechanical equipment related to demolition activities. Principles of assembly and disassembly of scaffolding and of working on mobile work platforms and their use is determined by the OSH regulations (§ 108-132).
  For work at heights collective protective equipment such as safety nets should be used. The use of individual protective equipment such as safety harness is permissible only if there is no possibility of securing collective protective measures.

  • Order of 6 February 2003 of the Minister of Infrastructure concerning occupational safety and health in performing construction works (Dz.U. z 2003 r. Nr 47, poz. 401).

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 105-110)

  Related CEACR Comments
  • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2014
  

• 9.4.4 Working in confined spaces

  Summary / Citation: Work in confined spaces such as work performed inside tanks, boilers, silos and technological equipment, including work in open reservoirs, which do not allow for direct visual contact with at least one employee is considered particularly dangerous.
  Work in tanks and boilers can only be undertaken upon a written agreement from the employer. In addition, a worker must at least be watched at all times from outside and all appropriate precautions must be taken to ensure that he can be assisted effectively and immediately. Anyone entering a confined space must be provided with appropriate information, training and instruction appropriate to the particular characteristics of the proposed work activities.

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 85-90)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  No data available.
  

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2014
  

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: The employer is required to assess risks arising from exposure to extreme temperatures. Regulation of the Minister of Labour and Social Policy of 6 June 2014 on Maximum Permissible Concentration and Intensity of Agents Harmful to Health in the Working Environment stipulates the extreme micro-climate values. The employer is obliged to provide appropriate meal and drinks free of charge to workers employed in particularly strenuous conditions if this is required for protective reasons. Typical work that requires the provision of free meals and drinks includes: work performed in extreme micro-climates or in closed premises, in which the temperature is constantly kept below 10°C for technological reasons or the thermal load is greater than 28°C. Drinks should satisfy the appropriate requirements (cold or hot). In case of extremely high temperatures, drinks should be enriched with vitamins and mineral salts.
  Employees working in extreme temperatures are subject to a periodic medical examination (every three years).

  • Regulation of the Minister of Labour and Social Policy of 6 June 2014 on Maximum Permissible Concentration and Intensity of Agents Harmful to Health in the Working Environment (Dz. u. z. 2014, poz 817).

  • Regulation of the Council of Ministers of 28 May 1996 on Free Meals and Drinks 19960528

  • Order of 30 May 1996 of the Minister of Health Care and Social Welfare on carrying out of medical examinations of workers, to the extent of the preventive health care for workers, as well as on medical decisions issued to such ends provided for by the Labour Code (Dz.U. 1996 nr 69 poz. 332).

  • Act of 26 June 1974 - the Labour Code 20141104

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2014
  

• 9.4.7 Fire risks

  Summary / Citation: According to the 1991 Act on Fire Protection the employer, owner or occupier of the premises is responsible for fire safety.

  The owner of the building or area is required to undertake all necessary preventive measures for protecting from fire, including familiarizing the workers with safety procedures in case of outbreak of fire. The basic provisions in this field are regulated by fire protection norms laid out in chapter 4 of the regulation of the Minister of Infrastructure of 12 April 2002 on the Technical Specifications for Buildings and their Location.

  • Regulation of the Minister of Infrastructure of 12 April 2002 on the Technical Specifications for Buildings and Their Location 20020615

  • Act of 24 August 1991 on Fire Protection (Dz.U. z 2009 r. Nr 178, poz. 1380). (art. 3)

• 9.4.8 Tobacco

  Summary / Citation: "Smoking is forbidden in the following places, with the exception of areas expressly set aside for smokers:
  1) health care establishments (see stipulation in paragraph 2),
  2) schools and other educational facilities,
  3) closed space on the premises of institutions of employment and other public service buildings, as well as in small one-roomed gastronomic buildings, except specially designed places.
  Responsible for introducing ban on smoking in places, mentioned in par.1 is the owner or lender" - art. 5 pkt. 1 of the Law of 9 November 1995 on the Protection of Public Health Against the Effects of Tobacco Use.

  • Act of 9 November 1995 on the Protection of Health from the Consequences of Tobacco (Dz.U. z 1996 r Nr 10, poz. 55).

• 9.4.9 Asbestos

  Summary / Citation: According to the parliamentary Act of 1997, the import manufacture and sale of asbestos and asbestos contained materials is prohibited. In Poland, the Labour Code makes it obligatory both for the employer and employee to arrange for the prophylactic examinations of workers, especially those working under hazardous conditions. The health care covers the workers under conditions of occupational exposure to asbestos as well as former asbestos workers. The regulation also sets guidelines for asbestos removal, disposal, and labeling of asbestos products.

  • Regulation of 2 April 2004 of the Minister of Labour, Economy and Social Policy concerning conditions of safe use and elimination of products containing asbestos (Text No. 649).

  • Act of 19 June 1997 on the Prohibition of the Use of Products Containing Asbestos 20040612

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  Summary / Citation: The Labour Code requires the employer to evaluate the risks resulting from the presence of harmful biological agents. HIV is a biological agent carried by the blood and classified to risk group 3. Therefore, HIV positive workers cannot be employed in the sectors (food production, health) where others may come in contact with infected blood. There is no obligation to inform the employer of HIV infection otherwise.

  Remarks / comments: There are no requirements or standard protocols for universal testing of employees for HIV except for cases when working in food and medical sectors.

  • Act of 26 June 1974 - the Labour Code 20141104

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  Summary / Citation: Mobbing, according to the Polish law, constitutes an unwanted behaviour aimed at or which has the effect of violating someone’s dignity, or creating an intimidating, hostile, demeaning or humiliating atmosphere towards an employee (harassment). The employer’s responsibility in cases of mobbing in view of Poland's Labour Code comes down to above all compensation liability for termination of employment by the victim of mobbing and payment of indemnity for the employee's health problems. As a result of mobbing, the victim of mobbing may also suffer from para-occupational diseases. In some cases, the effects of mobbing, like the effects of extreme stress (excessive physical effort) caused by mental abuse in the work environment, may become an external cause for an occupational accident.

  • Act of 26 July 2013 to amend the Labour Code (Text No. 1028). (art. 94 (3) § 1-3)

• 9.5.2 Occupational violence

  No data available.
  

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: Machine means any article or combination of articles assembled, arranged or connected and which is used or intended to be used for converting any form of energy to perform work, including equipment for temporary works at height, in particular, ladders and scaffolding.
  "An employer is obliged to ensure that machines and other technical devices are applied that:
  1) ensure conditions of health and safety at work, in particular protect an employee against injuries, action of hazardous chemical substances, electric shock, excessive noise, mechanical vibrations and radiation, as well as harmful and hazardous action of other factors of the work environment,
  2) consider the principles of ergonomics" - art. 215 Kodeksu Pracy.
  

  • Regulation of the Minister of Economy of 30 October 2002 on Occupational Safety and Health While Operating Machines and Other Technical Equipment (Dz.U. z 2002 r. Nr 191, poz. 1596).

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 51 ust.1 )

  • Act of 26 June 1974 - the Labour Code 20141104 (art. 215)

  Related CEACR Comments
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2014
  

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  Summary / Citation: "The machine should be designed and constructed so as to be suitable for realizing its function, and can be operated, adjusted and maintained without creating threats to the operator within the prescribed conditions, taking into account any reasonably foreseeable misuse."
  "The machine should be so designed and constructed that under the intended conditions of use to minimize the discomfort, fatigue and physical and psychological burden faced by the operator."

  • Regulation of the Minister of Economy of 21 October 2008 on Basic Requirements for Machinery (Dz.U. z 2008 r. Nr 199, poz. 1228). (§ 10 ust.1 i 16)

  Related CEACR Comments
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2014
  

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  Summary / Citation: The manufacturer or importer or supplier is obliged to mark the machine in a visible and legible manner. The label must include at least the following: CE marking, batch and machine type, serial number, year of construction (year of completion of the manufacturing process of the machine). Furthermore, special labeling is required for equipment used in explosive atmospheres. The machine should be equipped with instruction. If the instruction is in the language of the manufacturer and the machine is operated in another country, the manual should be translated accordingly.

  • Regulation of the Minister of Economy of 21 October 2008 on Basic Requirements for Machinery (Dz.U. z 2008 r. Nr 199, poz. 1228). (§ 56-58)

  Related CEACR Comments
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2014
  

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  Summary / Citation: "Workstations cannot be equipped with machines and other technical devices that do not meet the criteria concerning the evaluation of conformity, specified in separate provisions" - art. 217 Kodeksu Pracy.

  • Act of 26 June 1974 - the Labour Code 20141104 (art. 217)

  Related CEACR Comments
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2014
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: Machines and other technical devices shall meet the requirements of health and safety throughout their lifecycle. If the safe use of the machine depends on the conditions in which it is installed, the employer is required to pre-screen it. Control of the machines shall be carried out by the qualified personnel.

  • Regulation of the Minister of Economy of 30 October 2002 on Occupational Safety and Health While Operating Machines and Other Technical Equipment (Dz.U. z 2002 r. Nr 191, poz. 1596).

  • Regulation of 2 September 1997 of the Council of Ministers on Occupational Safety and Health at Work (Dz.U. 1997 nr 109 poz. 704). (§ 51 ust.1)

  • 9.7.5.1 List of equipment where applicable

    No data available.
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: The Labor Code also specifically “protects” women who are pregnant or breastfeeding.
  When an employer employs a pregnant female employee or the one who is breastfeeding a child to do a job which is particularly arduous or harmful to health – specified in the Regulation of the Council of Ministers of 10 September 1996 on the list of jobs which are particularly arduous or harmful to women’s health (Journal of Laws No. 114, item 545 with amendments) – which is forbidden to that employee irrespective of the level of exposure to factors harmful to health or dangerous, that employer is obliged to transfer the employee to a different job, and if this is impossible, to relieve her, for as long as necessary, from the duty to perform work - art. 179 § 1 Kodeksu Pracy.
  "If a pregnant employee or an employee nursing a child is performing any other work listed in the provisions issued under Article 176 § 2, then the employer is obliged to adapt the conditions of work to the conditions determined in those provisions, or to limit the working time in such a way as to eliminate threats to the health or safety of the employee. If it is not possible or is pointless to adapt the conditions of work for a current jot position, the employer is obliged to transfer the employee to perform other work, and if this is not possible, to release the employee from performing work duties for as long as necessary" - art. 179 § 2 Kodeksu Pracy.
  "A pregnant employee cannot be employed to work overtime or at night. A pregnant employee cannot be delegated, without her consent, to work outside of her permanent workplace, and may not be employed to provide work under the working time system referred to in Article 139" - art. 178 § 1 Kodeksu Pracy.

  • Order of 30 July 2002 of the Council of Ministers concerning work prohibited for women (Dz.U. 2002 nr 127 poz. 1092).

  • Act of 26 June 1974 - the Labour Code 20141104 (art. 178 and 179)

• 9.8.2 Protection of lactating women at work

  Summary / Citation: A female employee breast-feeding a child is entitled to two half-hour breaks from work included in the working time. A female employee who is breast-feeding more than one child shall be entitled to two breaks from work, of 45 minutes each. Breaks for breast-feeding a child may be granted at one time, if so requested by the employee.

  • Order of 30 July 2002 of the Council of Ministers concerning work prohibited for women (Dz.U. 2002 nr 127 poz. 1092).

  • Act of 26 June 1974 - the Labour Code 20141104

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Summary / Citation: Women may not be employed on work performed underground to extract minerals or bore tunnels and galleries, except for women, who work in positions of responsibility or management positions which do not involve manual work, in health care and social services, perform non-manual work which must be occasionally done underground. Women may not be employed in work which is physically inadequate or which is harmful to their bodies, especially work which endangers their maternal role. Types of such works are determined by a decree of the Ministry of Health.

  Remarks / comments: This ban may be lifted this year.

  • Order of 30 July 2002 of the Council of Ministers concerning work prohibited for women (Dz.U. 2002 nr 127 poz. 1092).

  Related CEACR Comments
  • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2004
  

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: There are no statutory age restrictions for employees, including managers and company directors. However, the law prohibits the employment of minors under the age of 16 and provides specific requirements when persons between the age of 16 and 18 are employed.

  Remarks / comments: This may change in 2018 - the law will prohibit the employment of minors under the age of 15.

  • Regulation of the Council of Ministers of 24 August 2004 Concerning the List of Work Forbidden to Juveniles and Conditions of Engaging Them To Do Some Jobs (Dz.U. z 2004 r. Nr 200, poz. 2047).

  • Act of 26 June 1974 - the Labour Code 20141104

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2003
  • Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) Observation 1995
  • Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) Direct Request 2000
  • Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) Observation 1995
  • Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) Direct Request 2000
  

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: "An employment injury is regarded as a sudden event brought by exterior factor causing injury or death which took place in relation with the following work:
  1) during or in relation with simple tasks performed by the employee or the instructions of the superior;
  2) during or in relation with tasks performed by the employee for the employer, even without his order;
  3) with the employee being at the disposal of the employer on the way between the employer's office and the place where the task is being realized as a consequence of the attitude to work" - art. 3 pkt.1 Ustawy.
  "An employment injury, as entitled to benefits specified in this Act, shall be considered on the same level when the employee:
  1) was on the business trip taking into account circumstances other than those specified in the Act; unless the accident was caused by the employee and was not related with the tasks ordered by the employer;
  2) during traineeship in the framework of self-defense;
  3) during tasks ordered by trade organization acting in the environment of the employer" - art. 3 pkt.2 Ustawy.
  "In the event of an accident at work, the employer must undertake necessary measures to eliminate or limit the danger, must ensure that first aid is provided to injured persons, and must establish, following the procedure provided, the circumstances and causes of the accident, and apply appropriate measures preventing similar accidents" - art. 234 § 1 Kodeksu Pracy.

  The circumstances and causes of the accident are determined by the forensic team, who may consist of the following, in the case of enterprises where the social labour inspectorate and OSH service do not operate: the employer and a specialist from outside the plant, the employer or a worker nominated by the employer or a specialist from outsider the plant and a representative of the workers who has been trained on OSH.

  "The employer must keep a register of accidents at work" - art. 234 § 3 Kodeksu Pracy.

  Remarks / comments: Definitions of occupation accident, employment injury and accident resulting in death can be found in the act of 30 October 2002 on Social Insurance for Accidents at Work and Occupational Diseases.
  In the definition of an accident at work or occupation accident, there are four concepts (suddenness, external cause, injury or death, and work-related) that must occur together at an event to be considered an accident at work. Since these concepts are general in nature, there is a judicature of the Supreme Court to assist in the interpretation of the definition of an accident at work.

  • Council of Ministers Regulation of 1 July 2009 on Establishing the Circumstances and Causes of Work Accidents (Dz.U. 2009 nr 105 poz. 870).

  • Act of 30 October 2002 on social insurance in case of occupational accident or disease (Text No. 1673). (art.3 pkt 1-3)

  • Act of 26 June 1974 - the Labour Code 20141104 (art.234 § 1 )

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  Summary / Citation: "An occupational disease is one of the diseases mentioned on the list of occupational diseases, if, following an evaluation of the condition of work, it can be confirmed unquestionably or with a high probability that the disease was caused due to factors harmful to health present in the work environment, or in relation to the manner of performing work, hereinafter referred to as „professional exposure" - art. 235 (1) Kodeksu Pracy.

  The list of occupational diseases can be found in the annex to the Regulation of the Council of Ministers of 30 July 2009 on occupational diseases. The decision to determine whether the disease is an occupational disease or not is taken by the competent labour inspector on the basis of the evidence, including medical data and occupational exposure assessment form.

  "The employer has a duty to immediately notify the relevant State sanitary inspector and the relevant district labour inspector of any suspicion of an occupational disease" - art. 235 § 1 Kodeksu Pracy.
  "The employer is obliged to keep a register of diagnosed occupational diseases and suspected occupational diseases" - art. 235 § 4 Kodeksu Pracy.
  "If an employee is diagnosed with an occupational disease, the employer is obliged to:
  1) state the reasons for the occupational disease, as well as the character and the scale of the risk of the disease, acting in co-operation with the relevant State sanitary inspector,
  2) immediately take steps to eliminate the factors causing the occupational disease, and to apply other necessary preventive measures,
  3) ensure that medical recommendations are complied with" - art. 235 § 1 Kodeksu Pracy.

  • Council of Ministers Regulation of 30 June 2009 regarding occupational diseases (Text No. 869).

  • Act of 26 June 1974 - the Labour Code 20141104 (art.235 (1) § 1, 3 and 4 )

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: "Labour inspectors are authorised to carry out inspection of the observance of the labour law provisions by enterprises, and in particular inspection of the state of occupational safety and health as well as inspection of compliance with regulations on legality of employment, without notice at any time of day or night" - art. 24 Ustawy.
  "A labour inspector is entitled to free movement on premises of the inspected entity without an obligation to obtain a pass or undergo a body search even if this is required by internal regulations of the inspected entity" - art. 26 pkt. 4 Ustawy.

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589). (art. 24 and 26)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: "The inspected entity is obliged to secure measures and working conditions necessary to conduct an inspection and, in particular, to present documents and materials immediately on request of a labour inspector, ensure timely provision of information by persons mentioned in section 23 subsection 1 point 3 above, provide access to technical equipment and – as far as possible – a separate room with appropriate equipment" - art. 27 Ustawy.
  "During inspection activities, a labour inspector is entitled to resort to the assistance of surveyors and experts as well as accredited laboratories" - art. 23 ust.1 pkt.10 Ustawy.

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589). (art. 27 and 23)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.2.3 Power to investigate

  Summary / Citation: "During inspection activities, a labour inspector is entitled to demand from the entity under inspection, and from all of its employees and persons who are or used to be employed or who perform or used to perform work for the benefit of the inspected entity on grounds other than an employment relationship, including persons performing economic activity on their own account, written and oral explanations in relation to matters covered by the inspection as well as to summon and interrogate such persons in connection with the inspection; demand presentation of documents related to construction, reconstruction or modernisation and start up of an employment establishment, technical plans and drawings, technical and technological documentation, results of expertises, examinations and measurements concerning production or other activity of the inspected entity, as well as to be provided with samples of raw materials and components used, manufactured or generated during production processes, in the amount necessary to make analyses or examinations in case they are related to the inspection underway" - art. 21 ust.1 pkt.3 i 4 Ustawy.

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589). (art. 23)

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: "The scope of National Labour Inspectorate’s activity comprises providing advice and information of technical nature in the area of eliminating hazards to life and health of workers, as well as advice and information on labour law observance" - art. 10 ust.1 pkt.7e Ustawy.

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589). (art.10 ust.1 pkt. 7e)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: "In case of identifying an infringement upon regulations concerning labour law or legality of employment, the competent officers of National Labour Inspectorate shall have the right to when an infringement concerns the OSH rules and regulations, order the manager of the enterprise to eliminate the identified irregularities within a specified time-limit and address an improvement notice asking to eliminate them and take action with regard to the guilty persons" - art. 11 pkt.1 and 8 Ustawy.

  Remarks / comments: Officers' decisions are of administrative nature (provisions of the Administrative Code apply).

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589). (art. 11 pkt.1 and 8)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.3.2 Power to impose financial penalties

  Summary / Citation: The National Labour Inspectorate may, in punishment ticket proceedings, impose a fine. "In punishment ticket proceedings, in cases when a competent officer of National Labour Inspectorate is a public prosecutor, a fine in the amount of up to PLN 2000 may be imposed. When a person penalised at least two times for minor offences against employee rights, specified in the Labour Code, commits such an offence during the period of two years since the day on which the last penalty was imposed, a competent officer of National Labour Inspectorate may, in punishment ticket proceedings, impose a fine in the amount of up to PLN 5000” - art. 101 § 1a and 1b of the 2007 National Labour Inspectorate Act.

  • Act of 24 August 2001 on the Code of Practice for Petty Offences (art. 95 i 96)

• 11.3.3 Power to revoke or suspend licenses or authorisations

  Summary / Citation: The competent labor inspector shall withdraw the approval ex efficio if he finds that the working conditions of the child does not meet the conditions specified in the permit issued (art. 305 (5) § 7.

  • Act of 26 June 1974 - the Labour Code 20141104 (art. 305 (5) § 7)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: "In case of identifying an infringement upon regulations concerning labour law or legality of employment, the competent officers of National Labour Inspectorate shall have the right to order the manager of the plant to: cease work when the offence causes immediate hazard to life or health of employees or other persons engaged in work; transfer to other tasks the workers employed against the existing regulations at forbidden, harmful or hazardous work, as well as workers employed at hazardous tasks if they do not have the required qualifications; order to cease the operation of machines and equipment when their operation causes an immediate hazard to life or health of humans, orders in these matters are to be enforced immediately; forbid to perform work or activity in places, where the state of working conditions causes immediate hazard to life or health of humans, orders in these matters are to be enforced immediately" - art. 11 pkt.2-4 Ustawy.

  Remarks / comments: Orders in these matters are to be enforced immediately.

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589). (art. 11 pkt.2-4)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: "The scope of National Labour Inspectorate’s activity comprises of lodging complaints and, following the concerned person's consent, participation in legal proceedings for the establishment of an employment relationship before Labour Courts" - art. 10 ust.1 pkt.11 Ustawy.

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589). (art.10 ust.1 pkt.11)

  • Act of 24 August 2001 on the Code of Practice for Petty Offences (art.17)

• 11.3.6 Power to conduct prosecutions

  Summary / Citation: Punishment ticket proceedings are conducted by a competent officer of National Labour Inspectorate.

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589). (art.10 ust 1 pkt 15)

  • Act of 24 August 2001 on the Code of Practice for Petty Offences ( Art.95)

• 11.3.7 Other enforcement powers

  Summary / Citation: "The scope of National Labour Inspectorate’s activity comprises of paying contributions for Labour Fund and making an entry in the register of employment agencies, when running an employment agency is subject to making entry in said register" - art. 10 pkt. 3c Ustawy.

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589).

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: "Anyone who, while responsible for health and safety at work, or otherwise managing employees or other individuals, does not observe the provisions or principles of health and safety at work, is liable to a fine of between 1,000 zlotys and 30,000 zlotys" - art. 283 § 1 Kodeksu Pracy.

  Remarks / comments: Polish legislation also provides the opportunity to claim compensation from the employer for damages caused by an accident at work, occupational disease or illness related to working conditions.

  • Act of 26 June 1974 - the Labour Code 20141104 (art.283 § 1)

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: "If an employee does not observe the provisions on health and safety at work or the provisions on fire protection, leaves work without justification, appears at work drunk or drinks alcohol at work then an employer can also apply a fine.
  The fine for each offence, or for each day of an unjustified absence, may not be higher than one day's remuneration of the employee, and in total the fines may not exceed one tenth of the remuneration due to be paid to an employee, after the deductions referred to in Article 87 § 1 points 1‒3" - art. 108 § 1 and 2 Kodeksu Pracy.

  • Act of 26 June 1974 - the Labour Code 20141104 (art. 83 § 1 and 2)

• 11.4.3 Non-financial sanctions

  Summary / Citation: "If an employee does not observe the organisation and order established in the process of work, the provisions on health and safety at work, the provisions on fire protection, or the procedure of confirming the arrival and the presence of employees at work, including the procedure of justifying an absence from work, then the employer may apply the following penalties:
  1) an admonition,
  2) a reprimand" - art. 108 § 1 Kodeksu Pracy.

  • Act of 13 April 2007 on National Labour Inspectorate (Dz.U. 2007 Nr 89 poz. 589).

  • Act of 26 June 1974 - the Labour Code 20141104 (art. 108 § 1)

• 11.4.4 Criminal liability

  Summary / Citation: Whoever is responsible for occupational safety and health and does not fulfil the resulting duty and hence exposes a worker to the direct danger of the loss of life or serious damage to health (art. 220 of the Penal Code) is subject to penal liability. The basis for penal liability should be based on the severity of the accident.

  Remarks / comments: Practically any irregularity or violation by the employer with respect to health and safety regulations that results in injury may lead to civil or penal liability. Penalties incurred can include fines or jail sentence. The penalties should be based on the severity of the accident.

  • Act of 6 June 1997 promulgating the Penal Code.

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: "Whoever, being responsible for occupational safety and hygiene, does not fulfill the duties involved and by this, exposes an employee to an immediate danger of loss of life or a serious detriment to health, shall be subject to the penalty of deprivation of liberty for up to 3 years. If the perpetrator acts unintentionally, shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to one year. The perpetrator who has voluntarily averted the impending danger shall not be subject to the penalty" - art. 220 § 1.

  Remarks / comments: According to the Penal Code, this is a maximum penalty for manslaughter and damage to health.

  • Act of 6 June 1997 promulgating the Penal Code. (art. 220 § 1)