What are the components and technological processes that pose a particular risk to the employee?
Practically the performance of any work causes specific risks to the health or life of the employee. However, there are activities that generate a particularly high probability of danger for employed people. This is related not only to the type of work provided, but also to the materials and technological processes used, as well as chemical substances.
Article 220 § 1 of the Act of 26 June 1974 – Labour Code, hereinafter referred to as the Labour Code, establishes a ban on the use of materials and technological processes about which the employer has no knowledge of the degree of their harmfulness to employees.
It is unacceptable to use materials and technological processes without first determining the degree of their harm to the health of workers and taking appropriate preventive measures.
In order to determine the degree of harmfulness of materials and technological processes, the employer applies for an assessment to one of the research units listed in the Annex to the Regulation of the Minister of Health and Social Care (MZiOS) of 12 July 1996 on the list of units authorized to conduct tests of materials and technological processes in order to determine the degree of their harmfulness to health and the scope of these tests.
The employer is also obliged to take into account the provisions of the MZiOS Regulation of 1 July 1996 on the introduction of a ban on the use, trade and transport of certain hazardous chemical substances. This regulation identifies 6 substances, but the prohibition does not apply to their use and transport:
- for scientific and research purposes and in laboratory work;
- in the mixture, provided that the content of this substance does not exceed a concentration of 0,1 % by weight.
Failure to comply with the obligations set out in Article 220 § 1 of the Code of Civil Procedure exposes the employer to misdemeanor liability resulting from the provisions of Article 283 § 2 point 5 letter a of the Code of Civil Procedure.
This means that anyone who, contrary to the obligation, uses materials and technological processes without first determining the degree of their harm to the health of employees and without taking appropriate preventive measures – is subject to a fine from PLN 1,000 to PLN 30,000.
Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.