Should periodic OHS training be conducted during the state of epidemic emergency?
The replacement of the state of epidemic with the state of epidemic threat has not changed the rules regarding the suspension of periodic training of employees at the moment. This is confirmed by the PIP announcement of May 19, 2022.
From May 16, 2022, the state of epidemic has been replaced by a state of epidemic emergency. According to the current definition, it is a legal situation introduced in a given area in connection with the risk of epidemics in order to take preventive actions specified in the Act (Article 2 point 23 of the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans (Journal of Laws of 2008 No. 234, item 1570, as amended)).
In order to definitively clarify the above dilemma, it is necessary to refer to the provisions of the Act on special solutions related to the prevention, counteracting and combating COVID-19, other infectious diseases and crisis situations caused by them. It follows from the special provisions that:
- when the deadline for periodic training in the field of occupational health and safety or health and safety of the service falls during the state of epidemic threat or state of epidemic or within 30 days from the date of cancellation of the state of epidemic emergency, if the state of epidemic or state of epidemic is not declared – this period is extended to 60 days from the date of cancellation of the state of epidemic emergency, in the event that no state of epidemic or state of epidemic is declared.
Taking into account the above, it should be assumed that the cancellation of the state of epidemic and its replacement with the state of epidemic threat, as much as possible maintains in force the early regulations related to the suspension of periodic OHS training. This is confirmed by one of the last PIP messages. It shows that the introduction of the state of epidemic emergency in Poland has not changed the situation in terms of the currently applicable regulations regarding employees.
Most of the regulations related to exposure to the Sars-Cov-2 virus, resulting from the Act of 2 March 2020 on special solutions related to the prevention, counteracting and combating COVID-19, other infectious diseases and crisis situations caused by them, apply both during the declaration of the state of epidemic and the state of epidemic emergency. This applies in particular to the extension of the deadlines for periodic training in the field of occupational health and safety or health and safety services (Article 12e of the Act).
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