Contents 1. Introduction 2. International Labour Organisation

Transkrypt

I. Wybrane regulacje prawne z zakresu prawa pracy dotyczące bezpieczeństwa i higieny pracy
Contents
1. Introduction
2. International Labour Organisation (ILO)
3. Sources of Polish Law including Labour Law
4. University Regulations
5. Surveillance and Monitoring of Working Conditions
6. Self-check Test
7. Netography and Bibliography
1. Introduction
People and their health are the subject of protection in the system of ‘labour
protection’, which consists of legal guarantees for the safety of human life and health
in the process of work. They include all rules of labour law formed for the benefit of
working people and are meant to uphold their interests. It also includes some of the
regulations of labour law that directly protect the health of those employed against
any danger in the process of work.
The diversity of numerous production, technological, research and educational
processes renders it impossible to control everything by means of appropriate and
effective legal regulations. It also comes as no surprise that the regulations concerning
occupational safety and health at work are being changed in a slower fashion in
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comparison to the pace of changes in science and technology. What is more, it is worth
noticing that institutions providing tertiary education have their own specificity, while
occupational safety and health regulations regarding exclusively institutions of higher
education, academic teachers and students are non-existent.
The information below is an attempt to present the rules of law and work safety
regulations whose observance will help to avoid hazards and dangers that students
may encounter during their classes on university grounds, and to show a code of
practice and procedures used in the event of danger or accident.
2. International Labour Organisation (ILO)
The Foundation of the International Labour Organisation
The International Labour Organisation (ILO) is one of the longest operating
intergovernmental organisations that engages in social matters. The Organisation was
founded in 1919 as a result of the growing concern about social reforms after the First World
War. The list of the founding fathers includes Belgium, Cuba, Czechoslovakia, France, Japan,
the USA, Great Britain and Poland. At present 183 countries are members of the
Organisation, whose foundation is the Constitution which says that ‘lasting peace can be
established only if it is based on social justice’. The second, most important document
approved by the ILO is the Declaration of Philadelphia (1944).
The declaration remains the basis of all actions taken by the ILO and formulates the
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following rules:
 freedom of expression and of association is essential to sustain progress,
 poverty anywhere constitutes a danger to prosperity everywhere,
 all human beings, irrespective of race, creed or sex, have the right to pursue both
their material well-being and their spiritual development in conditions of freedom
and dignity, of economic security and equal opportunity,
 labour is not a commodity.
In 1946 the Declaration of Philadelphia became one of the amendments to the Constitution
of the International Labour Organisation.
In the early 1990’s, due to the changes in the world of labour resulting from the processes of
globalisation, the International Labour Organisation faced the need for a redefinition of its
aims and role. It was decided that in the situation when economic growth did not
necessarily lead to social progress, it was a prerequisite to create a set of basic laws and
regulations regarding employment rights that would be recognised by the international
society.
The declaration regarding labour rules and regulations adopted by the ILO in 1998 includes
such a set and defines four areas of rights that working people have. These rights are
enshrined in eight fundamental ILO conventions, and they include:
 freedom of association and protection of the right to organise
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(Convention C87 from 1948, concerning Freedom of Association and Protection of the Right
to Organise, as well as Convention C98 from 1949, concerning the Application of the
Principles of the Right to Organise and to Bargain Collectively),
 prohibition of all forms of forced or compulsory labour
(Convention C29 from 1930, concerning Forced or Compulsory Labour and Convention C105
from 1957, concerning the Abolition of Forced Labour),
 effective elimination of child labour
(Convention C138 from 1973, concerning Minimum Age for Admission to Employment and
Convention C182 from 1999, concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour),
 elimination of discrimination in the field of employment and occupation
(Convention C100 from 1951, concerning Equal Remuneration for Men and Women Workers
for Work of Equal Value, and Convention C111 from 1958, concerning Discrimination in
Respect of Employment and Occupation).
The objectives of the International Labour Organisation
 creation of international labour laws, in the form of conventions and policies,
including minimum standards within the scope of employment rights such as
freedom of association, the right to organise, the right to bargain collectively,
prohibition of forced and obligatory labour, equality of employment and occupation,
 offering international technical cooperation, including promotion of international
labour standards and assisting member countries to adapt their domestic law systems
to the ILO conventions and policies as well as to implement the stipulations of the
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Decent Work Agenda,
 promoting the development of independent associations of employers and
employees, as well as training the members of such organizations.
3. The sources of Polish law including labour law
The sources of binding laws in the Republic of Poland comprise:
 constitution,
 acts,
 ratified international treaties,
 regulations,
 domestic legal instruments (in the jurisdiction of the organs of government that
legislated them),
 Polish standards.
The official sources of legal information concerning the laws of the Republic of Poland are
public journals, based on the act of the announcement of normative acts and some other
legal acts. The most important public journals are ‘The Journal of Laws of the Republic of
Poland’ (hereinafter referred to as ‘Dziennik Ustaw’ or ‘Dz.U.’) and ‘The Official Gazette of
the Government of the Republic of Poland’.
The Constitution of the Republic of Poland
The Constitution is the most important legal act (the basic law of the Republic of Poland),
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adopted on 2 April 1997 by the National Assembly and approved by national referendum on
25 May 1997. The Constitution was published in ‘The Journal of Laws of the Republic of
Poland’ (Dziennik Ustaw, No. 78, Item 483, 1997) and came into effect on 17 October 1997. It
consists of a preamble and 13 chapters, including 243 articles.
Act – Labour Code
The Labour Code is a normative act comprising a set of regulations governing the rights and
responsibilities within any employment relationship, concerning all employees regardless of
the legal establishment of their employment (in some cases only the scope not regulated by
special legislation, e.g. the Civil Service Act) and employers.
In Poland the act presently in force is the Labour Code, dated 26 June 1974 (published in
Dz. U., 1998, No. 21, Item 94). In accordance with the First Article, the Labour Code
stipulates the rights and responsibilities of employees and employers. Particular issues
regarding occupational safety and health are regulated by the Tenth Article of the Labour
Code.
Legal norms in the Labour Code include the rules of occupational safety and health taken
from international regulations, conventions of the International Labour Organisation and
directives of the Council of the European Union.
Regulations
A regulation is a normative act of secondary legislation, minor to an act, issued by the
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central organs of government under the specific authorisation in the act regulating its
execution. In Poland regulations are issued by the President, the Council of Ministers, the
Prime Minister, Ministers and the National Broadcasting Council. The organ appointed to
issue a regulation cannot authorise any other organ to perform this task and failure to
discharge the duty results in constitutional responsibility.
Polish standards
Standardisation is understood as any activity aimed at reaching (in given circumstances) an
optimum level of orderliness in a given scope, through determining standards for common
and repeated use, regarding existing or potential problems.
A standard is a document adopted by consensus and approved by an authorised
organisational unit, establishing rules and directives concerning various types of activities
and aimed at reaching an optimum level of orderliness in a given scope. A standard is
meant for common and repeated use.
The Polish Standard is a nationwide standard adopted by consensus and approved by the
governmental standardisation organisation (the Polish Committee for Standardisation).
The Polish Standard is widely available and denoted by the symbol PN. The usage of the
Polish Standards is not obligatory.
Standardisation is performed in order to:
 rationalise production and services through the usage of recognised technical rules
and organisational solutions,
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 eliminate technological barriers in trade and to prevent their emergence,
 ensure the protection of life, health, the environment and consumer interest as well
as occupational safety,
 improve functionality, compatibility and convertibility of products, processes and
services, and to regulate their diversity,
 ensure quality and reliability of products, processes and services,
 act for the benefit of domestic interests in the process of European and international
standardisation,
 facilitate communication through the determination of terms, definitions and symbols
for common use.
Local law acts
Local law acts are issued by local authorities of governmental administration – governors and
authorities of local government – and in particular by town councils, district councils and
authorities of regional parliaments. These acts must be issued under, and in accordance with,
authorisations included in the act, which is a constitutional requirement.
Local law acts remain in force in provinces, districts and municipalities respectively. A
governor may also issue order regulations in matters unregulated by any acts or other
commonly binding rules if it is necessary to protect life, health or property, and to ensure
order, peace and public safety. Order regulations are published in the form of
announcements or any other customary local practice in the mass media, regardless of the
announcement of these order regulations in public journals of the province.
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Company regulations
In labour law, acts and regulations are not the only sources of rights and responsibilities of
employer and employee. They are also determined by regulations that refer exclusively to
a specific workplace and its employees. These are company regulations whose most
common form are books of regulations and collective labour agreements. Nevertheless,
these are not the only rules that regulate employment relationship within a given
workplace. Various kinds of collective bargaining agreements and statutes also play the
same role.
4. University regulations
The operation of the University of Łódź is regulated by numerous by-laws such as the statute
of Łódź University, the organisational instructions, regulations of financial support, code of
professional practice, students’ statute, the statute of the council of doctoral students, as
well as acts issued by the university senate, rector’s decrees, university chancellor’s decrees,
rector’s notifications and chancellor’s notifications. What is more, Article 41 of the Minister
of Labour and Social Policy Regulation dated 26 September 1997, concerning general rules
of occupational safety and health for particular work stations, states that individual sets of
occupational safety and health rules must be created for such work stations, regarding:
 technological processes used in the workplace as well as potentially dangerous tasks
that may lead to accidents or may endanger the health of employees, or connected
with operating machinery and other technical equipment,
 procedures connected with handling harmful and hazardous materials,
 giving first aid.
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The instructions should – in a manner easily digestible to employees – list activities that
must be done prior to commencing work, the rules and methods of carrying out one’s duties
in a safe fashion, actions to be taken at the end of the working day as well as a code of
conduct in emergency situations when the life and health of employees is endangered.
All interior regulations are published on the Łódź University website (www.uni.lodz.pl) in the
‘Law’ tab.
Łódź University Rector’s Decree No. 35 dated 10 March 2008 is a vital legal standardisation
document concerning the detailed responsibilities and liability of managers, employees and
students within the scope of compliance with occupational and educational safety and
health.
The regulations listed in the Decree must be obeyed by managers, employees and students
of all:
 faculties,
 outer and interdepartmental units,
 administration offices of the University of Łódź.
Under this Decree, when organising the educational process, managers of units and
departments where classes in laboratories, workshops and specialist classrooms are held, are
obliged:
 to provide all students and doctoral students with necessary means of protection
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depending on the type of classes and specificity of individual faculties,
 to organise training sessions in occupational safety and health for all new students
and doctoral students,
 to display order regulations listing detailed rules and principles of conducting classes
and occupational safety and health rules,
 to ensure that teaching staff are well-trained to conduct classes in accordance with
the rules and regulations of occupational safety and health.
Łódź University Rector’s Decree No. 35 dated 10 March 2008 obliges students to:
 attend a training session in occupational safety and health rules compliant with the
regulations of the University of Łódź if they begin their education there or have
been transferred from another university or college,
 obey all rules and principles of occupational and educational safety and health as
well as any valid order regulations of the University of Łódź,
 familiarise themselves with rules and regulations of occupational safety and health,
order regulations of each classroom and to strictly follow all instructions given by
their teachers,
 immediately report any in-class accidents to the teacher.
5. Surveillance and Monitoring of Working Conditions
Governmental authorities of surveillance of working conditions include:
National Labour Inspectorate,
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Chief Sanitary Inspectorate,
Office of Technical Inspection,
other governmental organs (construction inspectorates, prosecutor’s offices,
maritime offices, mining offices).
Social authorities of surveillance of working conditions include:
Social Labour Inspectorate,
trade unions.
National Labour Inspectorate
The National Labour Inspectorate is an authority established in order to inspect and
supervise the observance of labour law, in particular occupational safety and health rules
and regulations. Moreover, the Inspectorate also monitors whether employers provide a safe
and hygienic studying environment to students and pupils.
The National Labour Inspectorate is subordinate to the Sejm and is entitled to supervise and
inspect all workplaces.
Chief Sanitary Inspectorate
The Chief Sanitary Inspectorate is an authority established to protect health against harmful
substances and onerous factors, with special attention paid to the prevention of infectious
and occupational diseases.
Therefore, the Chief Sanitary Inspectorate supervises and inspects:
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 conditions
of environmental hygiene,
 conditions
of work hygiene in workplaces,
 conditions
of radiation hygiene,
 conditions
of hygiene of education and upbringing procedures,
 conditions
of relaxation and recreation hygiene,
 conditions
of hygiene of food, nutrition and objects of use,
 minimum
hygiene and health requirements for medical personnel, equipment and
premises where healthcare services are provided.
Office of Technical Inspection
The Office of Technical Inspection is a state legal body that was established for the purposes
of technical supervision under the Technical Supervision Act and its executive orders.
Technical supervision comprises actions taken to ensure safe operation and functioning of
technical devices that may pose a threat to human life and health, property or environment.
Technical supervision is taken over technical devices that may pose a danger due to:

decompression of gases stored under non-atmospheric pressure,

release of potential or kinetic energy during transportation of people or goods in a
limited range,

spreading of hazardous substances (poisonous or corrosive) in the process of their
storage or transportation in atmospheric tanks.
Social Labour Inspectorate
Social labour inspection is carried out by employees to ensure that employers provide safe
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and hygienic working conditions, and obey all employee rights of labour law. Such a ‘social
service’ is meant to represent the interests of all employees, regardless of their trade union
history, and is coordinated and managed by local trade unions. The Social Labour Inspection
Act (published in Dz. U. No. 35, Item 163 incl. alternations) dated 24 June 1983 is a legal
foundation regulating operation and activities of social labour inspectors.
Labour Health and Safety Committee
Any entity employing over 250 people is obliged to appoint a labour health and safety
committee as its advisory and opinion-forming body. Members of such a committee include
health and safety specialists, a medical doctor providing healthcare services to the
employees of the company, a social labour inspector, as well as representatives of the
employees chosen by a company’s trade unions or directly by employees if there is no active
trade union operating in the company. The chairman of the committee is the employer or
their appointed representative, while the vice-chairman is a social labour inspector. The
committee is to inspect working conditions, periodically evaluate the level of health and
safety procedures, pass judgements on preventive means taken by the employer against
accidents and occupational diseases, formulate suggestions regarding improvement of
working conditions and co-operate with the employer in the execution of their labour health
and safety responsibilities.
7. Netography and bibliography
Netography
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Central Institute for Labour Protection, website: www.ciop.pl
Polish Committee for Standardisation, website: www.pkn.pl
International Labour Organisation, website: www.mop.pl
‘Gazeta Prawna’, website: www.gazetaprawna.pl
Office of Technical Inspection, website: www.udt.gov.pl
Bibliography
Bogdan Rączkowski (2004): BHP w praktyce, ODDK, Gdańsk.
Ryszard Mikulski (1999): Bezpieczeństwo i ochrona człowieka w środowisku pracy, CIOP,
Warsaw.
Tadeusz Chowański (1992): Materiały szkoleniowe z zakresu bezpieczeństwa i higieny pracy
dla nauczycieli akademickich, Łódź University Press, Łódź.
Acts
Standardisation Act dated 12 September 2002 (published in Dz. U. No. 169, Item 1386).
Labour Code Act dated 26 June 1974 (published in Dz. U. 1998 r. No. 21, Item 94).
National Labour Inspectorate Act dated 13 April 2007 (published in Dz. U. No. 89, Item 589).
Chief Sanitary Inspectorate Act dated 14 March 1985 (published in Dz. U. No. 12, Item 49,
unified text published in Dz. U. 2006 r. No. 122, Item 851).
Technical Inspection Act dated 21 December 2000 (published in Dz. U. No. 122, Item 1321,
unified text published in Dz. U. 2002 r. No. 169, Item 1386).
Social Labour Inspectorate Act dated 24 June 1983 (published in Dz. U. No. 35, Item 163).
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Self test
1. Are the rector’s and chancellor’s decrees a source of law for employees and students
of the University of Łódź?
- yes,
- no.
2. The use of Polish Standards is:
- obligatory,
- voluntary.
3. The National Labour Inspectorate, which is an authority established in order to
supervise and inspect the observance of labour law, in particular occupational safety
and health rules and regulations, is subordinate to:
- the Sejm of the Republic of Poland,
- the Senate of the Republic of Poland.
4. Is the inspection of execution of laws regarding hygiene of premises and regulations
concerning equipment used in schools, education centres, colleges and universities
one of the responsibilities of the Chief Sanitary Inspectorate?
- yes,
- no.
5. Social labour inspection is performed by employees and represents the interests of:
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- all employees, regardless of their trade union history,
- all employees who are members of trade unions.
6. An employer is obliged to appoint a labour health and safety committee as its
advisory and opinion-forming body if they employ more than:
- 200 people,
- 250 people.
7. Members of a labour health and safety committee include:
- labour health and safety specialists, a medical doctor, employees of a supervising unit,
- labour health and safety specialists, a medical doctor providing healthcare services to the
employees of the company, a social labour inspector, representatives of employees.
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Contents 1. Introduction 2. International Labour Organisation

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