What health and safety rules and regulations apply to the employment of disabled people?

Every disabled person, despite limitations, has resources – the efficiency of specific functions, knowledge or mental predispositions, thanks to which he can work in a given profession.

Disability is a long-term condition in which there are certain limitations in the proper functioning of a human being due to a reduction in the efficiency of physical or mental functions.

Stands out:

  • invalidity – partial inability to perform professional work.
  • disability – underdevelopment, absence or irreversible damage to an organ or part of the body (permanent damage to the body). The disability does not have to result in the loss of the ability to work.

The degree of disability may be determined by the Poviat Disability Assessment Team, ZUS or KRUS. The decision includes the symbol of the cause of disability. This is the basis for determining the working conditions that a person can perform.

For pension purposes, the ZUS certifying physician deals with the judgment. It qualifies people with disabilities as:

  • completely incapable of work and independent existence,
  • completely incapable of work,
  • partially incapable of work.

The assessment of working conditions is performed by the employer by the health and safety inspector who performs the tasks of the health and safety service in consultation with the occupational medicine doctor who takes care of the workplace. Importantly, the workplace should be adapted to the degree of disability of the employee. If the employer applies for a subsidy in this respect, the workplace of the disabled employee is assessed by the National Labor Inspectorate. Only after obtaining a positive opinion from the National Labor Inspectorate and meeting the requirements of occupational health and safety, the employee may start work.

Disabled persons and their employers should respect the recommendations of the occupational medicine physician or the attending physician. Proceeding contrary to the guidelines of the medical service may cause the employee’s health to deteriorate. Pursuant to Art. 229 of the Labor Code, all job applicants should provide the employer with a certificate issued by an occupational medicine physician, stating that there are no contraindications to perform work in a specific position. These tests are performed at the employer’s expense.

Pursuant to Art. 237 3 of the Labor Code, the employer may not allow an employee to perform work for which he or she does not have the required qualifications or the necessary skills, as well as sufficient knowledge of the provisions and principles of health and safety at work. Each new employee must therefore undergo initial health and safety training – general and job training, and over the course of work experience – periodic health and safety training. Moreover, it is the responsibility of the workplace to develop an occupational risk assessment for each workplace. This provision will therefore also apply to the workplace of a disabled person.

In this matter, reference should be made to the Regulation of the Minister of Labor and Social Policy of September 26, 1997 on general provisions on health and safety at work (Journal of Laws of 2003, No. 169, item 1650, as amended). Pursuant to § 48, an employer hiring disabled employees is obliged to ensure the technical and organizational requirements of their workplaces.

The employer is obliged to ensure, inter alia:

  • width and method of opening the door appropriate to the types of disability of employees, additional equipment enabling these employees to move up the stairs or reach the workplace bypassing the stairs,
  • devices and technical solutions that will enable the use of toilets, showers and washbasins
  • work tools adapted to the capabilities of disabled employees,
  • building entrances and emergency exits adapted to the capabilities of disabled workers.

The working time of a disabled person may not exceed 8 hours a day and 40 hours a week, and the working time of a disabled person with a severe or moderate degree of disability may not exceed 7 hours a day and 35 hours a week.

Source: https://www.bhp-center.com.pl/jakie-zasady-i-przepisy-bhp-obowiazuja-przy-zatrudnianiu-osob-niepelnosprawnych/

Region Gdański NSZZ „Solidarność”

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

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