The Labour Code (LC) clearly states that the employer should ensure safe and hygienic working conditions for natural persons working on a basis other than an employment relationship at a workplace or at a place designated by the employer (Article 304 of the Labour Code). This provision clearly indicates that safe conditions should be provided not only to employees, but also to contractors. This does not mean, however, that the client must absolutely refer the contractor to health and safety tests or training, but rather indicates that the contractor is also exposed to the risk associated with the performance of a given work and should perform it under appropriate conditions.

Therefore, although the regulations do not directly state that the client is obliged to refer the contractor to health and safety tests or training, he is obliged to provide him with safe and hygienic working conditions.

It is the client who decides whether the contractor should be directed to health and safety examinations and training. The assessment should take into account the type of work performed and the degree of risks associated with working conditions.

The position of the Legal Department of the Chief Labour Inspectorate on the health and safety of the self-employed (GNP / 426 / 4560-364 / 07 / PE) may be helpful in defining. The labour inspectorate specifies that the type of the order performed should determine whether the contractor should be directed to health and safety tests and training. If the activities carried out carry a high level of risk, it is advisable that such a contractor should be allowed to perform the order only after performing tests and appropriate health and safety training.

It is worth that the provisions regarding health and safety tests and training should be included in the contract itself, which will protect the parties, e.g. in the event of improper working conditions. The contract should also include information on which side will be obliged to pay for health and safety tests and training for contractors. Interestingly, both the contractor and the client can pay for such research, it is a matter to be agreed. The client does not have an absolute obligation to cover the costs of health and safety tests and training, as in the case of the employer and the employment contract.

The contractor who performs activities in the place designated by the client should comply with the provisions and principles of occupational health and safety under the same conditions as the employee (Art. 304¹ of the Labour Code). The contractor is therefore obliged to:

• knowledge of the provisions and principles of occupational health and safety,
• performing work in a manner consistent with the provisions and principles of health and safety at work,
• taking care of the proper condition of machines, devices, tools and equipment as well as order and order in the workplace,
• use of protective equipment, e.g. work clothes and footwear,
• immediately notify the superior of an accident or threat to human life or health noticed in the workplace.

The Ordering Party is not obliged to refer contractors to health and safety examinations and training. However, if the work performed by the contractor is dangerous, e.g. work is performed in harmful conditions, it is worth training him in the field of health and safety and sending him for medical examinations. However, this is an individual decision of the employer. It is worth regulating specific issues regarding health and safety tests and training between the contractor and the client in the contract itself. This will allow, in the event of deficiencies in this matter, both on the part of the contractor and the principal, to terminate the contract with immediate effect or (depending on the provisions) to withdraw from the contract of either party.

Source: https://poradnikprzedsiebiorcy.pl/-badania-i-szkolenie-bhp-dla-zleceniobiorcow

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.