In the event of an accident at work, the employer has a number of obligations related to the possible limitation of its negative consequences. Actions taken by the employer must be properly documented, m.in, in order to ensure the proper conduct of post-accident proceedings and to demonstrate that all legal requirements have been complied with in this respect. As part of the documentation regarding accidents at work, the employer is obliged to keep a register of accidents, which is a kind of register of events of this nature occurring at the employer in individual years.

Pursuant to Article 3(1) and (2) of the Act of 30 October 2002 on social insurance for accidents at work and occupational diseases (Journal of Laws of 2019, item 1205, as amended), an accident at work is considered to be a sudden event caused by an external cause causing injury or death that occurred in connection with work:

• during or in connection with the performance by the employee of the usual activities or orders of superiors;
• during or in connection with the performance by the employee of activities for the employer, even without instructions;
• while the employee is at the employer’s disposal on the way between the employer’s registered office and the place of performance of the obligation arising from the employment relationship.

An accident at work to which an employee has suffered shall be treated in the same way as an accident at work:

• during a business trip, unless the accident was caused by the employee’s conduct which is not related to the performance of the tasks entrusted to him;
• during training in universal self-defense;
• when performing tasks commissioned by trade union organizations operating at the employer’ premises.

An accident at work shall also be considered to be other sudden events caused by an external cause causing injury or death, which occurred during the period of accident insurance in a given respect, listed in detail in Article 3(3) of the Act on social insurance for accidents at work and occupational diseases.

The employer is obliged to protect the health and life of employees by ensuring safe and hygienic working conditions with appropriate use of scientific and technological achievements, and in particular to ensure the development of a coherent policy to prevent accidents at work and occupational diseases, taking into account technical issues, work organization, working conditions, social relations and the impact of factors of the working environment. On the other hand, the person managing the employees is obliged to organize, prepare and conduct work, taking into account the protection of employees against accidents at work, occupational diseases and other diseases related to the conditions of the working environment (Article 207 § 2 point 4 and Article 212 point 3 of the Labor Code).

 According to Article 234 of the Labour Code, in the event of an accident at work, the employer is obliged to:

• take the necessary measures to eliminate or reduce the risk;
• ensure the provision of first aid to injured persons and the determination of the circumstances and causes of the accident in accordance with the prescribed procedure;
• take appropriate measures to prevent similar accidents;
• immediately notify the competent district labour inspector and prosecutor of a fatal, serious or collective accident at work and of any other accident which has caused the said effects, related to work, if it can be considered an accident at work;
• keep a register of accidents at work;
• keep a report on the determination of the circumstances and causes of the accident at work along with other post-accident documentation for 10 years.

The manner and procedure for determining the circumstances and causes of accidents at work and the method of documenting them, as well as the scope of information included in the register of accidents at work, are specified in the Regulation of the Council of Ministers of 1 July 2009 on determining the circumstances and causes of accidents at work (Journal of Laws No. 105, item 870).

 According to the provisions of this regulation, an employee who has suffered an accident, if his state of health so permits, should immediately inform his superior about the accident. Until the circumstances and causes of the accident are established, the employer is obliged to secure the accident site. The circumstances and causes of the accident are determined by the post-accident team appointed by the employer, which immediately after receiving information about the accident is obliged to proceed to indicate its circumstances and causes. If the accident was catastrophic or caused a threat to public safety, the post-accident team uses the findings of a team of specialists, appointed by the competent minister, voivode or supervisory body, to determine the causes of the accident and to clarify technical and technological problems.

After determining the circumstances and causes of the accident, the post-accident team draws up – no later than within 14 days from the date of obtaining notification of the accident – a protocol to determine the circumstances and causes of the accident at work (post-accident report). Determining the circumstances and causes of an accident at a later date, as a result of justified obstacles or difficulties, requires giving the reasons for this delay in the content of the post-accident report. The accident team draws up a post-accident report in the necessary number of copies and, together with the remaining post-accident documentation, immediately delivers it to the employer for approval. A member of the post-accident team has the right to submit a dissenting opinion to the post-accident report, which he should justify. In the event of disagreements between the members of the post-accident team, the content of the post-accident protocol is decided by the employer. The post-accident team is obliged to familiarize the injured party with the content of the post-accident protocol before approving it. The injured party has the right to submit comments and objections to the findings contained in the post-accident protocol, about which the post-accident team is obliged to inform the injured party. The post-accident report is approved by the employer no later than within 5 days from the date of its preparation. The employer shall immediately deliver the approved post-accident report to the injured employee and, in the event of a fatal accident, to the family members of the deceased employee. The accident report concerning fatal, serious and collective accidents shall be immediately delivered by the employer to the competent labour inspector.

According to § 16 of the Regulation, the employer is obliged to keep a register of accidents at work on the basis of all post-accident reports.

 The register of accidents at work shall contain:

• the name and surname of the victim;
• the place and date of the accident;
• information on the consequences of the accident on the victim;
• the date on which the accident report was drawn up;
• a statement as to whether the accident is an accident at work;
• the date of submission to the Social Insurance Institution of the application for benefits in the event of an accident at work;
• the number of days of incapacity for work;
• other information, other than personal data, the inclusion of which in the register is intentional, including conclusions and preventive recommendations of the accident team.

Source: https://poradnikprzedsiebiorcy.pl/-czym-jest-rejestr-wypadkow

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