Should apprentices be familiar with the occupational risk assessment?

Employers who have decided to accept an apprentice (apprentice) for the purpose of apprenticeship or apprenticeship, or an intern, may have doubts as to the scope of duties imposed on them in the case of employing the aforementioned persons who are not literally „ordinary” employees. It happens that some entrepreneurs are not sure whether the occupational risk assessment also applies to apprentices and interns admitted to the company.

The term „apprentice” is not a legally unambiguous expression, therefore it can be assumed that it is a juvenile employee undertaking apprenticeships with the employer (as part of practical apprenticeship) or employed for apprenticeships.

Pursuant to Art. 201 § 3 of the Labor Code (kp), the employer is obliged to provide information on the occupational risk related to the work performed by the adolescent, and on the principles of protection against threats, also to the statutory representative of the adolescent.

In this matter, we are fully clear about the need to inform a juvenile employee performing apprenticeship with an employer about the occupational risk related to the type of work performed. Moreover, the employer is obliged to provide information in this respect also to the legal representative of the young person.

The method of providing information on occupational risk depends on several factors, such as the organizational structure of the company, the number of employees or entrusting occupational health and safety obligations to specialists from outside the workplace. In the case of large enterprises with collective labor agreements (PPA) in force, it is these acts of the company labor law or additional documents that should specify the procedure for informing about occupational risk. Employers employing at least 50 employees introduce work regulations (it is not necessary if they are covered by the PPO). The provisions of the Labor Code provide for the need to include in the work regulations a provision on the method of informing employees about occupational risk.

Work regulations should establish obligations regarding health and safety and fire protection, including the method of informing employees about the occupational risk related to the work performed (Article 1041 § 1 point 8 of the Labor Code).

Of course, the provisions of the work regulations also apply to apprentices (young employees).

If the employer is not obliged to introduce work regulations, the information about the occupational risk may be provided in any way – a separate document may be prepared for this purpose, e.g. an in-house ordinance, it is also permissible to adopt an individual approach to the fulfillment of information obligations.

Information on occupational risk should also be provided to young apprentices employed by employers who are craftsmen operating under the provisions of the Act of March 22, 1989 on crafts.

Source: https://poradnikprzedsiebiorcy.pl/-ocena-ryzyka-zawodowego-czy-nalezy-zapoznac-z-nia-praktykantow-i-stazystow

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