It is the employer’s responsibility to ensure the same level of job security in the workplace as in the case of employees and persons employed on a basis other than an employment relationship.

It is the employer’s responsibility to ensure safe and hygienic working conditions for the temporary worker. Accordingly, he is obliged to provide the temporary worker with working clothing and footwear and personal protective equipment, to provide drinks and preventive meals, to carry out health and safety training and occupational risk assessments and to inform about this risk. The employer also determines the circumstances and causes of the accident at work, if the temporary agency worker succumbs to it.

Prior to the conclusion of the employment contract between the temporary employment agency and the temporary agency worker, the temporary employment agency and the employer agree in writing on the extent to which the employer has taken over the user’s health and safety obligations, other than those indicated above.

In accordance with the principle that follows from the Labour Code, the employer may not allow an employee to work without an up-to-date medical certificate that there are no contraindications to work in a particular position under the working conditions described in the referral for medical examinations. Failure to allow a worker to work without a valid decision on the absence of contraindications to work also applies to cases of work by temporary agency workers.

The issue of the referral of temporary agency workers for preventive examinations is not regulated by the Act on the employment of temporary agency workers – hereinafter u.z.p.t. – however, in Article 9(3)(2), the legislature stipulated that, prior to the conclusion of an employment contract between a temporary employment agency and a temporary agency worker, the parties may agree in writing on the extent to which the employer has taken over health and safety-related duties other than those referred to in Article 9(2a) u.z.p.t. , as well as on the user’s employer.

The obligation to provide health and safety training to temporary agency workers before admission to work lies with the user’s employer and stems from Article 9(2a) u.z.p.t.

The employer of the user may not allow the temporary agency worker to perform work for which he does not have the required qualifications or skills, as well as sufficient knowledge of health and safety regulations and rules.

It is the employer’s responsibility to provide work clothing and footwear to the temporary worker. As in the case of workers directly employed by the employer, where the own clothing of a temporary agency worker is likely to be damaged or contaminated or required by technological, sanitary or safety reasons, it is the responsibility of the user’s employer to provide work clothing and footwear free of charge. The employer is obliged to ensure that the working clothing and footwear used have protective and performance characteristics, as well as ensure that they are properly washed, maintained, repaired, dusted and disinfected.

If the employer is unable to provide laundry of workwear, he may transfer this obligation to the temporary agency worker, provided that he is granted an allowance in cash in the amount of the costs incurred by him. Such a solution shall be permitted provided that appropriate arrangements are made in writing between the temporary employment agency and the user’s employer.

The obligation to provide personal protective equipment shall be borne by the user’s employer if the type of work provided so requires. Personal protective equipment should be applied in cases where risks cannot be avoided or cannot be sufficiently mitigated by appropriate work organisation or collective protection measures.

It is the responsibility of the user’s employer to assess the risks associated with the work performed, as well as to take the necessary preventive measures to minimise them. It shall also be required to familiarise the temporary agency worker with the occupational risk assessment carried out at the workplace concerned. On the other hand, the temporary agency worker must confirm with his own signature that he has been informed of the risks present at his place of work.

Source: https://poradnikprzedsiebiorcy.pl/-pracownik-tymczasowy-obowiazki-w-zakresie-bhp