When can an employee suffer the consequences for non-compliance with health and safety rules?

The regulations clearly state that the employer is responsible for ensuring safe and hygienic conditions in the workplace. Employees, in turn, are obliged to comply with the regulations in this respect, both general and those regarding a specific workplace.

The provisions of labor law determine the scope of the employee’s responsibility. Theoretically, it is limited in this respect, but the provisions are quite general and give a lot of freedom of interpretation. According to the Labor Code, penalties may result from:

  • non-compliance by the employee with the established organization and order in the work process,
  • non-compliance with occupational health and safety regulations,
  • non-compliance with fire regulations,
  • failure to comply with the adopted method of confirming arrival and presence at work and justifying absence from work,
  • showing up for work while intoxicated or consuming alcohol while working.

These provisions apply to employees employed under a contract of employment.  However, this does not mean that an employee employed under a civil law contract cannot be punished. In such cases, the basis may not be the provisions of labor law. The procedure of holding an employee accountable occurs when the employer becomes aware of the occurrence of the offense.

The penalty may be imposed up to two weeks after the employer has been informed and no later than three months after the infringement has been committed.

An employee of the OHS service, after finding a violation of safety rules, may first admonish the employee in justified cases may have a disciplinary interview. This applies mainly to lighter one-off offenses. In the case of more serious offenses, especially recurring ones, an employee of the OHS service may ask the employer to impose a disciplinary penalty on the employee. An employee of the OHS service also has the right to remove from work an employee who does not comply with safety rules.

The penalty may be imposed „after prior hearing” of the employee. During the hearing, in addition to the employee and the employer, also the direct supervisor and the employee of the OHS service were present. Contrary to what the name suggests, the employee has the right to provide explanations in writing. Before deciding on the type of penalty, the employer should take into account the type of violation of employee duties,

the degree of fault of the employee, the employee’s previous attitude to work.

The penalty can take the form of: a warning, reprimand, fine.

Reprimand penalties are given for less serious offences consisting in non-compliance with:

  • established organization and order in the work process,
  • occupational health and safety regulations,
  • fire regulations,
  • the method adopted to confirm arrival and presence at work,
  • the accepted method of justifying absence from work.

A financial penalty may be imposed for:

  • non-compliance by the employee with occupational health and safety regulations or fire regulations,
  • leaving work without justification,
  • appearing for work in a state of intoxication,
  • alcohol consumption during work.

The employer is obliged to inform the employee about the imposition of the penalty in writing. Such notification should contain three elements.

  • Information on the type of offense, whereby such information should accurately specify the type of offense.
  • Date of the offence
  • Information on the right to object within seven days.

Source: https://www.seka.pl/kary-dla-pracownikow-za-nieprzestrzeganie-zasad-bhp/

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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