There are many ailments that arise in connection with the performance of official duties. They are usually associated with heavy physical work, but this problem affects almost everyone working, even those who spend long hours at the desk.

For this reason, prevention of occupational diseases is very important all over the place. Its negligence is not only linked to the deterioration of workers’ health and even their loss of working capacity, but often also to legal consequences for employers. Indeed, the health and safety regulations make it clear that it is the responsibility of the hiring person to create the conditions to prevent the emergence of ailments related to the performance of official duties.

In order to systematize the obligations relating to the prevention of occupational diseases, it is necessary to leave article 229 § 1 of the Labour Code (subject to § 11), which speaks of the need to conduct medical examinations for m.in.:

• people who are accepted for work,

• persons transferred to other positions (including juveniles).

On the other hand, Paragraph 2 of that article mentions periodic medical examinations and check-ups for workers who, because of illness, have been unable to work for more than 30 days. This is to test their ability to perform their existing duties. Paragraphs 3, 4a and 6 must also be mentioned in that paragraph, since it follows that such examinations must, as far as possible, take place during working hours on the basis of a referral issued by the employer and at his expense, while retaining the right to full remuneration for that period.

As Article 226 OF the KP points out, the shoulders of the hiring person are the assessment and documentation of occupational risks, as well as the use of preventive measures which reduce the potential risk. On the other hand, it is its duty to inform the persons employed in the workplace of the existence of a specific occupational risk associated with the holding of the post in question and to provide information on the rules for the prevention of risks.

Moreover, as Article 227(1) states, the employer must, in particular (therefore not a closed catalogue), ensure the proper functioning of the devices which restrict, eliminate and measure the level of harmful factors. On the other hand, it must also carry out measurements and studies at its own expense, the results of which it should record, collect and enable employees to see them.

It is also worth knowing that if the employer suspects the occurrence of an occupational disease in his employees, then he is obliged to report it to the competent state sanitary inspector and the competent district labour inspector. If, on the other hand, the disease has been diagnosed as occupational, it must determine the causes, nature and extent of the risk, as well as remove from the working environment the factors harming health and take all preventive measures.

Source: https://eszkoleniabhp.com/blog/co-mowia-przepisy-bhp-o-profilaktyce-chorob-zawodowych

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.