Businesses operating must take into account the possibility of inspection by various authorities – in this context, institutions such as the National Labor Inspectorate, sanitary inspection or the Social Insurance Institution are most often mentioned. It turns out that certain enterprises may also be subject to control activities carried out by technical supervision units.

The rules regarding technical supervision are specified in the provisions of the Act of 21 December 2000 on technical supervision, hereinafter referred to as UDT.

According to Art. 2 sec. 1 UDT, technical supervision is defined by the Act as activities aimed at ensuring safe operation of technical devices and devices for fuel vapor recovery as well as activities aimed at ensuring public safety in these areas.

The aforementioned supervision is carried out by technical inspection units, which are the Office of Technical Inspection and specialized technical inspection units. Specialized units of technical supervision include Transport Technical Supervision and Military Technical Supervision.

As stipulated in art. 24 sec. 1 UDT, technical inspection activities are performed by employees of technical inspection units, hereinafter referred to as inspectors, on the basis of an authorization issued by the competent authority of the technical inspection unit and an official ID card.

In turn, the aforementioned activities in the organizational units of the Police, Border Guard, State Fire Service, Internal Security Agency, Foreign Intelligence Agency and Central Anti-Corruption Bureau are performed by inspectors who, under separate provisions, are entitled to access classified information.

Technical inspection activities are performed by inspectors at:

• designing and manufacturing technical devices, as well as producing materials and components used for their manufacture, repair or modernization, as well as operating, repairing and modernizing these devices;
• operating fuel vapor recovery equipment

– hereinafter referred to as entrepreneurs.

The powers of technical inspection inspectors are specified in Art. 28 UDT. Pursuant to this provision, the technical inspection inspector is entitled to:

• enter, upon presentation of an authorization issued by the authority of the competent technical inspection unit and an official ID card, without the need to obtain a pass, to rooms and facilities where technical equipment or devices for fuel vapor recovery are located;
• free movement in these rooms and facilities, unless separate regulations provide otherwise;
• access to technical equipment or equipment for fuel vapor recovery;
• request the entrepreneur to provide the necessary information and present the necessary documents and test results;
• carrying out examinations, tests and measurements as well as other activities necessary to determine the condition of the technical device, the correctness of its operation, repair or modernization, as well as the correctness of the manufacture of specific materials and components used for the manufacture, repair or modernization of the technical device, within the specified time limits;
• conducting periodic and ad hoc technical tests of fuel vapor recovery devices during their operation;
• issuing technical recommendations.

Technical inspection activities are performed by inspectors in the presence of the entrepreneur or a person authorized by the entrepreneur. The technical inspection inspector may not be subject to a search provided for in the internal regulations of the entrepreneur where he performs technical inspection activities.

The provisions of the Office of Technical Inspection also provide for the possibility of the inspector refusing to perform technical inspection activities if there are circumstances specified in the Act. Therefore, the technical inspection inspector has the right to refuse to perform the above activities in the event of inappropriate conditions for their performance, in particular:

• insufficient preparation of the technical device or device for the recovery of fuel vapors for testing;
• improper lighting or the presence of vapors that impede visibility;
• exceeding the permissible concentrations and intensities of factors harmful to health in the working environment or the permissible limit of low and high temperatures.

Source: https://poradnikprzedsiebiorcy.pl/-jakie-uprawenia-kontrolne-posiada-inspektor-dozoru-technicznego

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