Consequences of the lack of adherence to the OSH regulations
  • the worker's right to stop working (following prior notification of the supervisor about this (article 210 § 1 of the Labour Code)):
    • in the event that the working conditions do not satisfy the OSH regulations and create a direct threat to the health or life of the worker, or
    • if the work performed by him threatens others with such a danger
  • the employees right to retreat from the place of the threat (following prior notification of the supervisor about this (article 210 § 2 of the Labour Code)):
    • if stopping work does not remove the threat
  • the employer's liability:
    • minor offence (article 283 of the Labour Code)
    • penal liability (article 220 and 221 of the Penal Code)
    • civil law (e.g. article 415 of the Civil Code)

Types of employer liability

  • minor offence liability (article 283 of the Labour Code)
    • who is liable:
      • whoever is responsible for OSH in the workplace or manages workers and fails to adhere to the OSH rules and regulations 
      • whoever, despite the obligation, fails to notify the competent state health inspector within 30 days about the place, type and scope of activities conducted and the change in the technology, if the change in technology could result in an increase in the threat to the health of workers  
      • whoever, despite the obligation, fails to ensure that the building or its part, in which working premises are anticipated, is built or rebuilt on the basis of plans that take account of OSH requirements, which have a positive opinion from qualified experts,
      • whoever, despite the obligation, equips the work post with machines and other technical devices that do not satisfy the requirements on the assessment of conformity
      • whoever, despite the obligation, provides the worker with personal protective equipment, which does not satisfy the requirements on the assessment of conformity
      • whoever, despite the obligation, uses: • materials and technological processes without defining the extent of their harm to the health of the workers in advance and without taking appropriate preventive measures • chemical substances and preparations that are not marked visibly in a manner that allows them to be identified • hazardous substances and dangerous chemical preparations without the characteristics charts of these substances, and also without packaging that secures them from harmful action, fire or explosion  
      • whoever, despite the obligation, fails to notify the competent labour inspector, prosecutor or other competent authority about a fatal, serious or collective accident at work and about any other accident that has resulted in the cited consequences, which is connected with work, if it can be acknowledged to be an accident at work, fails to declare an occupational disease or the suspicion of such a disease, fails to disclose an accident at work or an occupational disease, or provides false information, evidence or documents regarding such accidents and diseases
      • whoever does not implement an order from a labour inspector within the allocated time
      • whoever obstructs the activities of the State Labour Inspectorate authority, in particular prevents a site visit to the enterprise or does not provide the required information for the performance of its tasks
    • type of penalty : fine
  • penal liability (article 220 and article 221 of the Penal Code)
    • 1) who is liable:
      • 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 (article 220 of the Penal Code)
      • type of penalty: - if the guilty party acted deliberately: - penalty of imprisonment for up to 3 years, - if the guilty party did not act deliberately: - fine, - penalty of restricted freedom - penalty of imprisonment of up to one year
    • 2) who is liable:  
      • whoever, despite the obligation, fails to notify the competent authority of an accident at work or an occupational disease within the deadline or fails to prepare or fails to present the required documentation (article 221 of the Penal Code)
      • type of penalty: - fine of up to 180 daily rates or - penalty of imprisonment
  • civil liability (article 415, article 429, article 430 and article 435 of the Civil Code) In the situation that the benefits received under the “accidents act” do not fully compensate for the damages that are the consequence of an accident at work or an occupational disease – the injured worker or, in the case of the death of a worker, his family, may file for compensation from the employer by means of a civil suit.
    • Types of civil liability of the employer:
      • Liability for his own deeds (article 415 of the Civil Code)
      • Liability for the deeds of others (article 429 of the Civil Code)
      • Liability for a subordinate (article 430 of the Civil Code)
      • Liability for damages inflicted in connection with the operations of the enterprise and the use of the elementary forces of nature (article 435 of the Civil Code)
    • Types of compensation benefits (article 444, article 445, § 1, article 446 and article 447 of the Civil Code):
      • Reimbursement of the costs of medical treatment
      • Payment of the amount required to prepare the injured party to perform another job
      • Annuity
      • "Family" annuity
      • Financial compensation for the damage inflicted  
      • Reimbursement of the costs of the funeral  
      • One-time compensation
 
See also:

 

Module of the STER System supporting selection of personal protective equipment

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