Are there any minor concessions on health and safety in a small company?

In the case of a small company, employing employees does not necessitate the creation of a health and safety service to ensure compliance with health and safety regulations. Employers employing more than 100 employees are absolutely required to establish such a service. On the other hand, the tasks of the health and safety service in enterprises with up to 100 employees may be entrusted to an employee employed in another job – under the same employment relationship – or, for example, by outsourcing them to a specialized company. In certain cases, the owner can handle these matters alone.

However, it should be remembered that some areas related to health and safety require appropriate qualifications, not to mention specialist knowledge.

If the entrepreneur decides to conduct health and safety matters in his company on his own, he must remember that it is necessary to meet the conditions specified in the regulations. According to them, in order for the company owner to be able to independently carry out tasks and health and safety documentation:

  • must have appropriate training in occupational health and safety,
  • the number of employees he employs cannot exceed 10 people,
  • employs up to 20 employees, and its activity is classified as a group of activities for which a risk category of no higher than the third has been established within the meaning of the provisions on social insurance against accidents at work and occupational diseases.

Another concession in the field of occupational health and safety in a small company employing less than 20 people is the right regulated in the regulation of the Minister of Labor and Social Policy on general provisions on occupational health and safety (Journal of Laws of 2003, No. 169, item 1650, as amended). Pursuant to Annex 3 of the abovementioned regulation, an employer employing up to 20 employees should provide them with at least toilets and washbasins, as well as conditions for hygienic storage of own (home), work and protective clothing, and for hygienic consumption of meals. If at the workplace of such employer there are no factors detrimental to health and dirty work or there are no specific sanitary requirements, places for eating meals, storing clothes and washbasins may be in one room. In this case, the legislator provided some freedom for companies employing fewer than 20 people, as such a concession cannot be applied in plants employing more than 20 employees. These establishments cannot concentrate places for eating, storing clothes and wash basins in one room.


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