Key Benefits:
REGULATION OF THE HEALTH MINISTER 1)
of 2 February 2011
on research and measurement of health-harmful factors in the work environment 2)
On the basis of art. 227 § 2 of the Act of 26 June 1974 -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. 1. 3) ) The following shall be managed:
§ 1. The Regulation shall specify:
1) the mode, methods, type and frequency of carrying out the tests and measurements of factors harmful to health occurring in the working environment;
2) cases in which it is necessary to carry out continuous measurements;
(3) the requirements to be met by laboratories carrying out tests and measurements;
4) the way of recording and storing test results and measurements;
5) models of documents and the way of sharing the results of research and measurement of employees.
§ 2. 1. The employer shall indicate the health-harmful factors in the working environment for which tests and measurements are carried out, after a diagnosis of the sources of their emissions and the conditions for the performance of the work which have an influence on the level of concentrations or intensities of those the factors or the level of exposure to those factors, taking particular account of:
1) the nature of these factors and their characteristics;
2) technological processes and their parameters;
3) technical equipment, including machinery, equipment, installations and tools, which may be a source of emission factors for health, taking into account the results of the measurement of this emission provided by the manufacturers;
4) collective protection measures and data relating to their use;
5) the organization of work and the way of doing the work;
6) the actual time of exposure to health-harmful factors, taking into account the system's employer and the distribution of working time.
2. The employer shall consult with the employees or their representatives, in accordance with the mode of the employer concerned, the activities concerning:
1) the diagnosis and typing of the factors harmful to health in the working environment;
2) the execution of tests, measurements and sampling of these factors at the workplace.
§ 3. The employer shall ensure the execution of tests and measurements of the harmful factor for health in the working environment, no later than 30 days from the day of commencers of activity.
§ 4. In the case of a chemical or particulate matter that is harmful to health, except in the case of a carcinogenic or mutagenic agent, tests and measurements shall be carried out:
1) at least once every two years-if during the last test and measurement it has been found a concentration of a harmful factor for health exceeding 0,1 to 0,5 of the highest concentration limit (NDS), specified in the provisions issued on the basis of art. 228 § 3 of the Act of 26 June 1974. -the Labour Code, hereinafter referred to as the "NDS";
2) at least once a year, if, during the last test and measurement, a health-harmful factor of more than 0,5 NDS values has been found.
§ 5. In the case of the occurrence of a harmful chemical agent for which a maximum limit concentration (NDSP) has been established, as defined in the legislation issued on the basis of art. 228 § 3 of the Act of 26 June 1974. -Labour Code, the employer performs continuous measurements of the concentration of this factor by means of devices or taking into account the procedures meeting the requirements set out in the Polish Standard 4) .
§ 6. 1. In case of a carcinogenic or mutagenic agent referred to in the legislation issued on the basis of art. 222 § 3 of the Act of 26 June 1974. -The Labour Code, tests and measurements shall be carried out:
1) at least once every six months-if, during the last test and measurement, a concentration of a factor with carcinogenic or mutagenicity has been found above 0,1 to 0,5 of the NDS values;
2) at least once every three months-if a carcinogenic or mutagenic factor of more than 0,5 NDS values has been observed during the last test and measurement.
2. In the case of exposure to dust containing asbestos, tests and measurements shall be carried out at least once every three months. If the results of the last two tests and measurements have not exceeded the NDS's 0,5 value, the frequency may be reduced to that specified in the paragraph. 1 point 1.
§ 7. If the results of the last two tests and measurements detrimental to the health of the chemical agents or dusts referred to in § 4, taken at least two years apart, and in the case of carcinogenic or mutagenic agents referred to in paragraph 4, are considered to be harmful to the health of the chemical agents or particulate matter referred to in § 4 6-At least six months, they have not exceeded the 0.1 value of the NDS, the employer may depart from performing studies and measurements.
§ 8. 1. Non-assertive optical radiation tests and measurements shall be performed if the sources of this radiation are operated, other than light sources used for the lighting of the rooms or workstations, used in the devices intended for them. illumination and at a suitable distance from exposed parts of the body.
2. Tests and measurements of non-assertive optical radiation shall be carried out:
1) at least once every two years-if during the last test and measurement a level of exposure greater than 0,4 to 0,7 of the maximum allowable exposure (MDE), as defined in the provisions issued on the basis of art, has been observed. 228 § 3 of the Act of 26 June 1974. -Labour Code, hereinafter referred to as "MDE";
2) at least once a year-if the exposure level above 0,7 MDE values has been observed during the last test and measurement.
§ 9. 1. Testing and measurements of laser radiation shall be carried out if the sources of this radiation are operated other than:
1) lasers included, according to the Polish Norm 5) , to Class 1, 1M, 2, 2M or 3R, which are operating under the conditions specified by the manufacturer of the device, or
2) lasers included, according to the Polish Norm 5) , to class 3B or 4, to which collective protection measures have been applied, allowing the device to be classified in Class 1.
2. Testing and measurements of laser radiation shall be performed:
1) at least once every two years-if the exposure level of more than 0,4 to 0,8 of MDE has been observed during the last test and measurement;
2) at least once a year, if the exposure level above 0,8 of MDE has been observed during the last test and measurement.
§ 10. If, during the last two tests and measurements of non-assertive or laser optical radiation, as referred to in § 8 and 9, carried out within two years, the exposure level is not more than 0,4 MDE values, the employer may depart from performing measurements.
§ 11. 1. Tests and measurements of fields or electromagnetic radiation with frequencies from the range of 0 Hz-300 GHz shall be performed in the event of occurrence in the workplaces of the work of protection zones, specified in the provisions issued on the basis of art. 228 § 3 of the Act of 26 June 1974. -Labour Code:
1) at least once every two years-if only an intermediate zone has been detected during the last measurement;
2) at least once a year-if hazard zones or danger zones and hazardous zones have been identified during the last measurement.
2. If during the last two tests and measurements of fields or radionmagnetic radiation, carried out at the intervening period of two years, no occurrence of protection zones in workplaces has been found, the employer may depart from performing the tests and measurements.
§ 12. 1. In the case of cold or hot microclimate occurrence, and measurements of microclimate indicators, referred to in the provisions issued on the basis of art. 228 § 3 of the Act of 26 June 1974. -The Labour Code is done once a year.
2. If, during the last two studies, the values of microclimate indicators do not exceed the limit values for 8 hours of daily working time, the employer may perform them once every two years.
§ 13. 1. Research and measurements of the harmful to the health of the physical agent in the form of: noise, ultrasonic noise, mechanical vibration of the human body by the upper limbs or mechanical vibrations of general action on Human organism shall be performed:
1) at least once every two years-if, during the last test and measurement, a factor of more than 0,2 to 0,5 values of the highest allowable intensity (NDN), as defined by the provisions issued on the basis of art, has been found. 228 § 3 of the Act of 26 June 1974. -Labour Code, hereinafter referred to as 'NDN';
2) at least once a year-if a factor of more than 0,5 NDN has been observed during the last test and measurement.
2. If during the last two tests and measurements of noise or mechanical vibration, performed within two years, the intensity of the factor did not exceed 0,2 of the NDN value, the employer may depart from performing the tests and measurements.
§ 14. Tests and measurements of chemical and physical factors harmful to health in the environment of the work referred to in § 4-13 shall be carried out whenever changes have occurred in the technical equipment, in the technological process or in the conditions of execution the work which may have affected the change in the level of the emissions, the level of exposure or the circumstances which justify their re-execution.
§ 15. 1. Research and measurement of factors harmful to health in the working environment shall be carried out by laboratories which have obtained accreditation in this respect on the basis of the provisions of the Act of 30 August 2002. a system of conformity assessment (Dz. U. of 2010 No. 138, item. 935).
2. In the absence of those mentioned in paragraph. 1 laboratories accredited for testing or measuring the specified factor, tests and measurements shall carry out:
1) laboratories of higher education institutions, scientific institutes of the Polish Academy of Sciences or research institutes, which conduct research and measurement of factors harmful to health in the workplace and have implemented a quality assurance system or
2) the laboratories of the State Sanitary Inspection, the Military Sanitary Inspection and the State Sanitary Inspection of the Ministry of Internal Affairs and Administration-if they have implemented a quality assurance system or
3) laboratories run by organizational units or individuals who have obtained a certificate of competence in carrying out the research and measurement of factors harmful to health in the working environment on the basis of the provisions of the Act of 30 August 2002 a conformity assessment system with equipment for testing and measuring these factors, which is subject to documented metrological surveillance involving periodic calibration or checking and maintenance.
§ 16. Tests and measurements shall be carried out in accordance with the methods set out in the Polish Norms, and in the absence of such standards, the methods recommended and validated by the laboratories referred to in § 15 paragraph. 1 and paragraph 2 point 1.
§ 17. 1. The results of the tests and measurements referred to in § 3-13, the employer shall store for a period of 3 years from the date of their execution.
2. The employer shall immediately inform the workers exposed to the health effects of the environmental health factors of the current results of the studies and measurements and make them available to them and explain their importance.
§ 18. 1. The employer shall keep a record of the factors harmful to the health of the workplace, hereinafter referred to as the "register", the model of which is set out in Annex No. 1 to the Regulation.
2. The employer shall record on an ongoing basis the results of the tests and measurements of the health damage factor to the test and measurement card, hereinafter referred to as the "card", the model of which is set out in Annex No. 2 to the Regulation.
3. In the event of liquidation of the establishment, the employer shall immediately forward the register and the card to the competent state sanitary inspector, and in respect of the units referred to in art. 20 para. 1 and Art. 20a par. 1 of the Act of 14 March 1985. o State Sanitary Inspection (Dz. U. 2006 r. No 122, pos. 851, with late. 1. 6) ) -appropriate to the competent state health inspector of the Ministry of Interior and Administration or the competent commander of the military preventive medicine centre.
4. The employer and the entity referred to in para. 3, keep the register and cards for a period of 40 years from the date of the last entry.
§ 19. (1) The results of the tests and measurements entered in the register and the cards shall be made available without delay to the staff member, to the former employee, to their statutory representative or to the representative, upon his written request.
2. The person referred to in the mouth. 1, may apply to the employer or entity keeping the register and the cards to draw up extracts, copies or copies of the results of the tests and measurements contained in them.
§ 20. The Regulation of the Minister of Health is repealed with effect from 20 April 2005. on the research and measurement of factors harmful to health in the working environment (Dz. U. Nr. 73, pos. 645 and 2007 No. 241, item. 1772).
§ 21. The Regulation shall enter into force after 14 days from the date of the announcement.
Minister of Health: E. Kopacz
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1) The Minister of Health heads the government administration department-health, based on § 1 par. 2 of the Regulation of the Prime Minister of 16 July 2007. on the detailed scope of the action of the Minister of Health (Dz. U. No 216, item. 1607).
2) The provisions of this Regulation shall partially implement the provisions of the Directives:
1) 98 /24/EEC of the European Parliament and of the Council of 7 April 1998. on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of the Article) 16 ust. 1 of Directive 89 /931/EEC) Urz. EC L 131 of 05.05.1998, p. 11, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 3, str. 279, with late. zm.);
2) 2002 /44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibrations) (sixteenth individual Directive within the meaning of Article 1 of the Regulation) 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 177 of 06.07.2002, p. 13, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 4, str. 235, z późn. zm.);
3) 2003 /10/EC of the European Parliament and of the Council of 6 February 2003. on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (17th individual Directive within the meaning of Article 1). 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 42 of 15.02.2003, p. 38, z późn. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 4, str. 300, with late. zm.);
4) 2004 /37/EC of the European Parliament and of the Council of 29 April 2004. on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 4). 16 ust. (1) OJ No L 73, 9.4.1968, p. 1 Urz. EC L 158 of 30.04.2004, p. 50; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 5, str. 35);
(5) 2006 /25/EC of the European Parliament and of the Council of 5 April 2006. on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of the Article) 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EU L 114, 27.04.2006, p. 38);
6) 2009 /148/EC of the European Parliament and of the Council of 30 November 2009. on the protection of workers from the risks related to exposure to asbestos at the workplace in the field of sampling in enterprises or in establishments (Dz. Urz. EU L 330, 16.12.2009, p. 28).
3) Amendments to the text of the single law have been announced in the Dz. U. 1998 r. No. 106, pos. 668 i Nr 113, poz. 717, 1999 Nr 99, pos. 1152, of 2000 No 19, pos. 239, Nr 43, pos. 489, No. 107, pos. 1127 and No. 120, pos. 1268, 2001 No 11, pos. 84, Nr 28, pos. 301, Nr 52, pos. 538, Nr 99, pos. 1075, Nr 111, poz. 1194, No 123, pos. 1354, Nr 128, poz. 1405 and No. 154, pos. 1805, of 2002. No. 74, item. 676, No. 135, pos. 1146, No. 196, item. 1660, Nr 199, pos. 1673 and No. 200, pos. 1679, 2003 Nr 166, pos. 1608 i Nr 213, poz. 2081, 2004 Nr 96, pos. 959, Nr 99, pos. 1001, Nr 120, poz. 1252 and No. 240, pos. 2407, of 2005 Nr 10, pos. 71, Nr 68, poz. 610, Nr 86, pos. 732 and No 167, pos. 1398, of 2006. Nr 104, pos. 708 and 711, No. 133, pos. 935, Nr 217, poz. 1587 and No. 221, pos. 1615, 2007 No. 64, pos. 426, Nr. 89, pos. 589, Nr 176, pos. 1239, Nr 181, pos. 1288 and No. 225, pos. 1672, 2008 Nr 93, pos. 586, Nr 116, pos. 740, No. 223, pos. 1460 and No. 237, pos. 1654, of 2009 Nr 6, pos. 33, Nr 56, poz. 458, Nr 58, poz. 485, Nr. 98, pos. 817, Nr 99, poz. 825, No. 115, pos. 958, Nr 157, poz. 1241 and No. 219, pos. 1704 and 2010 Nr 105, pos. 655, Nr 135, poz. 912, Nr 182, poz. 1228, No 224, pos. 1459, Nr 249, poz. 1655 i No 254, pos. 1700.
4) PN-EN 482 or a replacement standard.
5) PN-EN 60825-1 or the standard replacing it.
6) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. Nr 104, pos. 708, Nr 143, poz. 1032, Nr 170, poz. 1217, No. 171, pos. 1225 i Nr 220, pos. 1600, 2007. No 176, item. 1238, 2008 No. 227, pos. 1505 and No 234, pos. 1570, 2009 Nr 18, pos. 97, Nr 20, poz. 106, Nr 92, pos. 753 and No. 157, pos. 1241 and 2010 No 21, pos. 105, Nr 81, pos. 529, No. 130, pos. 871, Nr 182, pos. 1228 i Nr 213, poz. 1396.
Annex 1. [ MODEL-RECORD OF HARMFUL FACTORS FOR THE HEALTH OF THE WORKPLACE IN THE WORKPLACE]
Annexes to the Regulation of the Minister of Health
of 2 February 2011 (pos. 166)
Annex No 1
MODEL- A REGISTER OF HEALTH-HARMFUL FACTORS IN THE WORKPLACE
Annex 2. [ MODEL-TEST SHEET AND MEASUREMENTS OF HARMFUL FACTORS]
Annex No 2
MODEL- TEST SHEET AND MEASUREMENTS OF HARMFUL FACTORS
