What are the consequencesfor the labour inspectorate and sanitary inspection?
The legal consequences resulting from obstructing the control proceedings conducted by the inspector of the National Labour Inspectorate (PIP) or the inspector of the State Sanitary Inspection (PIS) are regulated by 3 legal acts – they are:
- Act of 26 June 1974 – Labour Code (kp);
- Act of 14 March 1985 on the State Sanitary Inspection (Act on Sanitary Inspection);
- Act of 6 June 1997 – Criminal Code (kk).
The provisions of the KP provide for a criminal sanction in the form of a fine in the event of non-compliance with the order of the PIP authority within the set deadline or obstruction of the activities of labor inspectors.
This means that – in accordance with Article 283 § 2 points 7 and 8 of the Code of Civil Procedure – who does not execute the executable order of the PIP authority within the prescribed period; hinders the activity of the PIP body, in particular prevents the visit of the workplace or does not provide information necessary to perform its tasks – it is subject to a fine from PLN 1,000 to PLN 30,000.
The indicated omissions or actions are therefore offences in the field of health and safety, and it should be noted that criminal liability lies not only with the employer, but also with other persons.
Inspection of workplaces for compliance with hygienic and health requirements may also be carried out by a sanitary inspector. Issues related to this control are regulated by the provisions of the Act on Sanitary Inspection, which provides for the possibility of applying certain criminal sanctions in the event of hindering or thwarting control activities.
In accordance with the provisions of Article 38 of the Act on Sanitary Inspection – anyone who hinders or thwarts the activities of the PIS authorities is punishable by: arrest for up to 30 days, restriction of liberty, fine.
As in the case of the labour inspector’s inspection, a penalty for hindering the inspection or thwarting inspection activities carried out by the PIS authorities may be imposed not only on the employer, but also on other persons committing violations of the law, m.in managers of individual departments in the company, persons responsible for the state of health and safety, foremen or employees.
In specific cases, certain behaviours aimed at thwarting or hindering the control of labour inspections may be classified as criminal offences. This means that the penalties provided for in the Penal Code can be applied. Whoever a person authorized to control the labour inspectorate or a person adopted to help him thwarts or hinders the performance of official activities – is punishable by imprisonment for up to 3 years.
Similarly as in the previously discussed cases – the charge of committing the offence referred to in Article 225 § 2 of the Penal Code may be brought against both the employer and other persons if they have committed unlawful acts.
The classification of an act as a criminal offence must be based on the existence of an intentional act on the part of the accused.
Hindering the inspection carried out by the labor inspector or sanitary inspection generates certain legal consequences. Not only the employer, but also any other person who hinders or thwarts control activities, must take into account the criminal liability resulting from various legal acts. This includes fines provided for in the Code of Civil Procedure, sanctions set out in the Act on Sanitary Inspection, as well as criminal liability under the provisions of the Penal Code.
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