Key Benefits:
COUNCIL OF MINISTERS REGULATION
of 2 September 1997
on health and safety at work
On the basis of art. 237 11 § 5 of the Labour Code shall be managed as follows:
§ 1. 1. The service of occupational health and safety, hereinafter referred to as the "bhp service", shall be a separate, single or multi-person organisational cell.
2. The number of employees of the bhp service shall be determined, subject to the paragraph. 3 and 4, the employer, taking into account the state of employment and the working conditions in the establishment and the associated occupational hazards, as well as the burdensome of the work.
3. Employer employing between 100 and 600 employees creates a multiplayer or one-person cell or employs a part-time bhp service worker in this cell.
4. Employer employing more than 600 employees employs a full-time job of at least 1 bhp service worker for every 600 employees.
5. The bhp service is directly subject to the employer. An employer who is an organisational unit shall be directly subject to the managing authority of that undertaking or to a person who is part of the management body authorised by that body to carry out supervision in matters of safety and security. occupational health. That provision shall also apply to the staff member referred to in paragraph 4 (1). 7.
§ 2. 1. The scope of operation of the bhp service shall be:
1) [ 1] carrying out checks on working conditions and compliance with the rules and rules on health and safety at work, with particular regard to the working positions on which pregnant women are employed or breastfeeding, juveniles, handicapped, shiftwork, including night-working, and natural persons performing work on a different basis than the employment relationship at the establishment or at the place designated by the employer,
(2) the current information to the employer of the occupational risks identified, together with the conclusions to remove those risks,
3) drawing up and presenting the employer, at least once a year, of periodic analyses of the health and safety status of work containing proposals of technical and organisational measures aimed at preventing the risks of life and health workers and improving working conditions,
4) participation in the development of plans for the modernisation and development of the work plant and the presentation of proposals for inclusion in these plans of technical-organizational solutions ensuring improvement of health and safety at work,
5) participation in the assessment of the assumptions and documentation concerning the modernisation of the work plant or its parts, as well as new investments, and the notification of proposals to take into account the requirements of occupational safety and health in these assumptions and documentation,
6) participation in the transfer to the use of newly built or remodeled construction works or their parts, in which the work spaces, production facilities and other facilities affecting working conditions and safety are envisaged employees,
7) reporting of applications concerning health and safety requirements of work in applied and newly introduced production processes,
8) presentation of the employer of proposals for the maintenance of ergonomics requirements at work stations,
9) participation in the development of occupational collective agreements, internal regulations, regulations and general instructions on health and safety at work and in determining the tasks of persons directing workers in the field of safety and hygiene Work
10) to give an opinion on the specific instructions for occupational safety and health at work,
11) participation in the determination of the circumstances and causes of accidents at work and in drawing up the conclusions resulting from the examination of the causes and circumstances of these accidents and the incidence of occupational diseases, as well as the control of the implementation of these applications,
12) keeping records, completing and storing documents relating to accidents at work, established occupational diseases and suspicion of such diseases, and keeping the results of research and measuring the factors harmful to health in Work environment
13) [ 2] advice on the application of regulations and rules on health and safety at work,
(14) participation in the assessment of occupational risks associated with the work carried out,
15. advice on the organisation and working methods of working positions on which dangerous, health or burdensome conditions are present, and the selection of the most appropriate means of collective and individual protection,
16. cooperation with the relevant organisational cells or persons, in particular as regards the organisation and provision of adequate training in the field of occupational safety and health, and the provision of appropriate professional adaptation, workers employed,
17. cooperation with laboratories authorised, in accordance with separate regulations, to carry out research and measurement of the factors harmful to health or onerous conditions occurring in the working environment, in the area of organizing these tests and measurements, and ways of protecting workers against these factors or conditions,
18) cooperation with laboratories and other units dealing with environmental measurements, operating in the system of state monitoring of the environment, specified in separate regulations,
19) cooperate with a doctor who exercises preventive health care for workers, and in particular when organising periodic medical examinations of workers,
20) cooperation with the social labour inspectorate and with the establishment of trade union organisations at:
(a) taking measures to comply with the rules and principles of occupational safety and health, in accordance with and within the limits laid down by separate provisions,
(b) the employer's actions to improve working conditions,
21) [ 3] participation in consultations on occupational health and safety, as well as in the work of the Committee on health and safety at work and other occupational health and safety at work committees, including disease prevention. occupational accidents and accidents,
22) initiating and developing on the premises of the establishment of various forms of popularization of occupational safety and health problems and ergonomics.
2. [ 4] The bhp service shall not be charged with other tasks than those mentioned in paragraph 1. 1, with the exception of a staff member employed for other work referred to in Article 3. 237 11 § 1 of the Labour Code.
3. [ 5] Organisation and distribution of the working time of a staff member of the bhp service and of a staff member employed by other work referred to in Article 4. 237 11 § 1 of the Labour Code should ensure the full implementation of the tasks referred to in paragraph 1. 1.
4. [ 6] In order to carry out the tasks referred to in paragraph. 1, the employer shall make available to the service of the bhp and to a staff member employed by another work referred to in art. 237 11 § 1 of the Labour Code, as well as a specialist from outside the work plant referred to in art. 237 11 § 2 of the Labour Code, information likely to affect the safety of work and the protection of the health of workers, in particular concerning:
1) the state of the working environment, including the results of research and measurement of factors harmful to health in the working environment,
2) the measures taken so far, including technical and organisational measures, to prevent the risks of health or life of workers in relation to the establishment of work and individual work stations,
(3) measures provided for in the event of first aid, fire extinguishing and evacuation of workers.
§ 3. The bhp service is entitled to:
1) carrying out checks on health and safety at work, as well as compliance with regulations and rules in this field at the work plant and at any other place of work,
2) the presence of workers in the direction of workers with recommendations for the removal of identified accidents and occupational injury and the safety and health deficiencies of the work,
3) prevalence to the employer with applications for rewarding employees distinguished in activities for the improvement of occupational health and safety conditions,
4) the occurrence to the employer of the application of ordinal penalties in relation to the employees responsible for the negligence of duties in the field of occupational safety and health,
5) the immediate cessation of the work of a machinery or other technical device in the event of a direct threat to the life or health of a worker or other persons,
6) without delay from the work of a worker employed at work of a defended,
7) without delay from the work of an employee who, in his conduct or in the way of his work, creates a direct threat to the life or health of his or her own or of other persons,
8) inference to the employer for immediate termination of work at the establishment, in its part or in any other place designated by the employer for the performance of the work, in the event of finding a direct threat to the life or health of workers, or other persons.
§ 3a. [ 7] The powers referred to in paragraph 3 shall also be entitled to a staff member employed in the case of other work and a specialist outside the establishment referred to in Article 3 (3). 237 11 § 1 and 2 of the Labour Code.
§ 4. [ 8] 1. The employees of the bhp service are employed in the following positions: inspectors, senior inspectors, specialists, senior specialists and the main specialists for occupational safety and health.
2. The employees of the bhp service may be persons fulfilling the following qualification requirements:
1) the health and safety inspectorate may be a person with a profession of occupational safety and health care,
2) a senior inspector for occupational health and safety may be a holder of:
(a) occupational safety and health at work and at least 3 years of work in the service of the bhp or
(b) higher education in the field of health and safety at work, or post-graduate studies in occupational safety and health,
3. a person with a higher education and/or speciality in occupational health and safety, or a postgraduate course in occupational health and safety, and at least, may be a specialist in occupational health and safety at work 1 year of seniority in the service of the bhp,
4) Senior Specialist for Safety and Health at Work may be a person with a higher education about the direction or specialty in occupational health and safety, or postgraduate studies in occupational safety and health, and least 3 years of work in the service of the bhp,
(5) The principal occupational health and safety specialist may be a person with a higher education and/or a speciality in occupational safety and health or a postgraduate course on health and safety at work, and at least 5 years old work in the service of the bhp.
3. An employee directing a multi-person organizational cell should meet at least the qualification requirements set out in the paragraph. 2 point 3. A worker employed in a single cell shall meet at least the qualification requirements laid down in the paragraph. 2 point 2.
4. In the case referred to in art. 237 11 § 2 of the Labour Code, the employer may entrust the performance of the tasks of the bhp service to specialists from outside the establishment, who meet at least the requirements set out in the paragraph. 2 point 3, or the person who was employed as a labour inspector in the State Labour Inspectorate for a period of at least 5 years.
5. An employee employed at another job, to whom the employer may entrust the performance of the tasks of the service of the bhp in accordance with art. 237 11 § 1 of the Labour Code, should meet the requirements set out in the paragraph. 2.
§ 5. Repealed by Resolution No 14 of the Council of Ministers of 18 February 1992. on the occupational health and safety service (Monitor Polski Nr 7, poz. 48).
§ 6. [ 9] The Regulation shall enter into force after 14 days from the date of the announcement.
[ 1] § 2 (2) 1 point 1 as determined by § 1 point 1 lit. (a) the Regulation of the Council of Ministers of 2 November 2004. amending the Regulation on occupational safety and health services (Journal of Laws No. 246, item. 2468). The amendment entered into force on 1 July 2005.
[ 2] § 2 (2) 1 point 13 as determined by § 1 point 1 lit. (a) the Regulation of the Council of Ministers of 2 November 2004. amending the Regulation on occupational safety and health services (Journal of Laws No. 246, item. 2468). The amendment entered into force on 1 July 2005.
[ 3] § 2 (2) 1 point 21 as amended by § 1 point 1 lit. (a) the Regulation of the Council of Ministers of 2 November 2004. amending the Regulation on occupational safety and health services (Journal of Laws No. 246, item. 2468). The amendment entered into force on 1 July 2005.
[ 4] § 2 (2) 2 in the version set out in paragraph 1 (1) (c), (b) the Regulation of the Council of Ministers of 2 November 2004. amending the Regulation on occupational safety and health services (Journal of Laws No. 246, item. 2468). The amendment entered into force on 1 July 2005.
[ 5] § 2 (2) 3 added by § 1 item 1 lit. (c) the Regulation of the Council of Ministers of 2 November 2004. amending the Regulation on occupational safety and health services (Journal of Laws No. 246, item. 2468). The amendment entered into force on 1 July 2005.
[ 6] § 2 (2) 4 added by § 1 item 1 lit. (c) the Regulation of the Council of Ministers of 2 November 2004. amending the Regulation on occupational safety and health services (Journal of Laws No. 246, item. 2468). The amendment entered into force on 1 July 2005.
[ 7] § 3a added by § 1 item 2 of the Regulation of the Council of Ministers of 2 November 2004. amending the Regulation on occupational safety and health services (Journal of Laws No. 246, item. 2468). The amendment entered into force on 1 July 2005.
[ 8] § 4 in the wording set by § 1 item 3 of the Regulation of the Council of Ministers of 2 November 2004 amending the Regulation on occupational safety and health services (Journal of Laws No. 246, item. 2468). The amendment entered into force on 1 July 2005.
On the basis of § 2 of the Regulation of the Council of Ministers of 2 November 2004. amending the Regulation on occupational safety and health services (Journal of Laws No. 246, item. 2468; ost. zm.: Dz.U. z 2005 r. Nr 117, pos. 986) of the persons referred to in art. 237 11 § 1 and 2 of the Labour Code, employed in the service of the bhp and performing the tasks of this service on the date of entry into force of this Regulation, i.e. 1 July 2005, which does not meet the qualification requirements laid down in paragraph 4, shall retain the right to be employed in the service of the bhp and to perform the duties of that service for a period of 8 years from the date of entry into force of this Regulation, i.e. from 1 July 2005
[ 9] This Regulation shall enter into force on 3 October 1997.
