The Labour Code does not use the definition of particularly dangerous work, in this respect it only offers a reference to the provisions of the relevant regulation (currently it is the Regulation of the Minister of Labour and Social Policy of 26 September 1997 on general occupational health and safety regulations). In order to be able to talk about dangerous work, it must meet the following criteria:

• should be identified as particularly dangerous in the general health and safety regulations;
• should be identified as particularly dangerous in industry health and safety regulations;
• it should have the character of work with an increased risk or be carried out in difficult conditions which are considered by the employer concerned to be particularly dangerous;
• is marked as particularly dangerous in the operating instructions for equipment and installation.

The threat to the life and health of a person performing particularly dangerous work and the responsibility of the superior, which in this way requires obtaining an appropriate permit from the employer. If the employee undertakes dangerous activities against the will of the boss or without his knowledge and authorization, in the event of an accident, the employer will be able to avoid liability for the damage caused (e.g. loss of health or death of the employee).

An order to perform particularly dangerous work is therefore the basic document that entitles the employee to take the designated actions, as it were, guaranteeing him that the ordered activities have been properly prepared by the superior in order to ensure maximum protection of life and health. It has been assumed that the order should take a written form – in the event of any disputes, it will be easier to demonstrate that the employer has fulfilled all the formalities, entrusting him with particularly dangerous work.

In accordance with the applicable regulations, the employer defines detailed requirements for occupational health and safety in the performance of particularly dangerous work, in particular ensures:

• direct supervision of these works by persons designated for this purpose;
• appropriate precautionary measures;
• instruction of employees including, in particular: personal division of labor, order of performance of tasks, requirements of occupational health and safety in individual activities.

The employer shall ensure that only authorised and appropriately instructed persons have access to places of particularly dangerous work.

The current labour law does not indicate a uniform model for a permit to perform particularly dangerous work. In this respect, therefore, we must refer to practice. The order may be issued not only by the employer himself, but also by a person authorized by him, e.g. a construction manager, a person responsible for the operation of the site. The letter should contain the following information:

• identification of persons responsible for the organization and implementation of works;
• indication of the addressees of the order, i.e. the employees to whom the letter is addressed;
• indication of the place and time of particularly dangerous work, with particular emphasis on the date of commencement, completion and interruptions in the performance of work;
• a description of the conditions and protective measures to ensure the safety of the worker;
• a precise description of the activities to be carried out;
• signature of a person authorized to issue a permit for particularly dangerous work.

The above elements are the minimum necessary when it comes to the content of the order to perform particularly dangerous work. Each employer can include their additional elements in it. Nothing prevents the order from being addressed to a larger number of employees – this is especially practical in large workplaces, e.g. in large-scale construction works. The order should be issued for as short a time as possible, i.e. drawing up letters that will allow you to perform particularly dangerous work throughout the duration of the investment is not a good solution, although in reality there are no regulations that would prohibit such a practice. If an accident occurs, the employer may unfortunately have a problem with freeing himself from his responsibility – a long-term order (e.g. for the duration of many years of construction) puts the supervisor in a bad light, because it shows at the start that there may have been negligence in the field of current protection of the construction site and training of employees in the context of caring for health at work.

A reliable employee may decide to take up a particularly dangerous job without first obtaining the order of his superior. However, in this way he exposes himself to employee liability, especially when an accident occurs. Taking action without the knowledge and will of the employer is a serious violation of employee obligations – in lighter cases it will result in an employee penalty, and in even more severe cases disciplinary dismissal and simultaneous liability for damages towards the workplace. Taking a particularly dangerous job without the employer’s recommendation is therefore not a good idea.

In a similar vein, it is necessary to assess the situation in which the employee is directed to particularly dangerous work, although it is known that the employer has not properly secured either his superior or the place where dangerous work will be performed (e.g. there is no scaffolding on the construction site, the employee does not receive protective clothing). In this situation, the employee has the full right to refuse to take the actions assigned to him and does not have to fear that he will be dismissed disciplinarily. Employees must take care of their lives and health in the first place, the company’s interest goes into the background.

Source: https://poradnikprzedsiebiorcy.pl/-polecenie-wykonania-prac-szczegolnie-niebezpiecznych

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