Who is responsible for evacuation at the workplace?

Pursuant to the Act of August 24, 1991 on fire protection (J.t .: Journal of Laws of 2017, item 736, as amended), the owner of the building, structure or land is responsible for safety and the possibility of evacuation. In workplaces, this role is most often played by the employer.

Pursuant to the provisions of the Labor Code, the employer is obliged to designate employees to perform activities related to fire fighting and evacuation of employees. However, the law does not specify whether the employer should appoint one or more people for this purpose. The number of employees to carry out activities in the field of firefighting and evacuation of employees, their training and equipment should take into account the type and level of hazards.

When designating a person or persons, the employer should be guided by the type and scope of the activity, the number of employees and other people present on the premises of the workplace, and take into account the type and level of hazards in the workplace.

If the employer employs only juvenile or disabled workers, the activities in the field of firefighting and evacuation of workers may be performed independently. However, it must take into account the type and level of the occurring threats.

The employer is also obliged to inform other employees about who has been appointed to perform these tasks. The information should include:

  • name and surname of the designated employee or designated employees,
  • place of work by the designated employee, e.g. indicating the department,
  • the employee’s business telephone number or other means of electronic communication.

Employees to perform activities in the field of firefighting and evacuation of workers must have completed training in the field of health and safety at work (in accordance with the provisions of the Regulation of the Minister of Economy and Labour of 27 July 2004 on training in the field of health and safety at work (Journal . item 1860, as amended)), in the framework program of which were included, inter alia, fire protection issues. In practice, this applies to all employees of the company.

Nevertheless, a designated person with only the minimum theoretical understanding that will be acquired in OSH training may have problems in carrying out the functions entrusted to him by the employer.

It is important, especially for the employer, who is responsible for the health and safety at work, that the person responsible for the evacuation of employees in the company also has appropriate practical training.

To this end, although the employer is not legally obliged to send such a person for special training in firefighting and evacuation of workers, he should arrange this type of training for a designated person / s.

Pursuant to the provisions of the Labour Code, the employer is also required to equip designated employees with appropriate equipment, including means of communication to call emergency services. It should also provide the necessary measures to combat fires and evacuate workers.

It should be remembered that the employees in question are not intended to replace professional emergency medical services and fire brigades. Their role is limited to taking ad hoc measures until the arrival of these services. Such activities include, among others:

  • determining the exact location of the fire, the routes (directions) of its spread and the threat to adjacent rooms,
  • alert the fire brigade and the relevant emergency services,
  • starting the fire extinguishing with handheld firefighting equipment – fire extinguishers, internal hydrants (here you should remember about the ability to use firefighting equipment, these skills can be acquired during appropriate training).

Failure to assign employees to carry out firefighting and evacuation activities is a violation of health and safety regulations. The employer may be fined by the inspector of the National Labour Inspectorate for violation of these provisions with a fine of up to PLN 2,000, and in the case of recidivism, i.e. repeated fines – with a fine of PLN 5,000. The Labour Inspector may also – instead of a penalty notice, submit to the district court a request to punish the employer with a fine of PLN 1,000 to 30,000. Additionally, an employer who fails to comply with the lab or inspector’s order may pay a fine of up to PLN 10,000, and if it is a legal person or an organizational unit without legal personality – PLN 50,000. In the case of repeated imposition of the fine, its amounts may reach PLN 50,000 and PLN 200,000, respectively.

In accordance with the regulation of June 7, 2010 on fire protection of buildings, other structures and areas (Journal of Laws item 719), the owner or manager of a facility intended for over 50 people who are its regular users, not classified as hazardous to people ZL IV should carry out a practical check of the organization and conditions of evacuation from the entire facility at least once every 2 years.

In the case of facilities where a group of more than 50 users changes cyclically, in particular: schools, kindergartens, boarding houses, student houses, the practical check of the organization and evacuation conditions should be made – at least once a year, but within no more than 3 months from the day new users start using the facility.

In the case of a facility containing a fire zone classified as hazardous to people ZL II and in prisoners’ accommodation located in prisons and pre-trial detention centres, the scope and area of ​​the building covered by the practical verification of the organization and conditions of evacuation must be agreed with the locally competent poviat (municipal) State commander. The fire brigade.

The owner or manager of the facility notifies the locally competent poviat (city) commander of the State Fire Service about the date of the activities, not later than one week before they are carried out.

Source: https://asystentbhp.pl/ewakuacja-w-zakladzie-pracy/

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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