Top10 NEWS JUNE 2017 of health and safety, fire protection & environmental protection

Occupational health assessment in case of change in an employee’s state of health In case of reasonable doubts regarding the validity of employee’s medical certificate, it is appropriate, in order to ensure safe and healthy working conditions, that the employee be referred to an earlier periodic examination.

This is justified by, inter alia, the judgment of the Supreme Court of 18 December 2002, ref. no. I PK 44/02 “A valid medical certificate within the meaning of Article 229 (4) Labour Code is a certificate determining the employee’s state of health, on the date the employee is allowed to work. It remains valid over the period mentioned, albeit it becomes obsolete if events occur during that period which may indicate a change in the employee’s state of health.”

This means that an employer who receives information from employees about a significant deterioration in the health condition of a particular employee, or in the case of recurrent health problems or syncope during work, which may justify questioning the validity of the latest examination, should verify its validity.

Referral to periodic examination, despite the validity of preventive examinations (considered only in terms of the date indicated on the certificate of the previous examination), are considered both admissible and necessary in order to ensure safe working conditions for individual employees - both for the person referred to the examination and their colleagues.

Monotonous work on the shop floor. What should you know?

Monotonous work, due to long-term, repeated performance of the same activities, causes a state characterised by decreased activity. It can also cause loco-motor system or mental disorders.

An employee’s basic working hours in the adopted reference period not exceeding 4 months must not exceed 8 hours per day and 40 hours in a five-day working week (exceptions to this rule are laid down in Art. 129 (2) and Arts.135-138, 143 and 144 of the Labour Code).

In case of monotonous work, the employer is obliged to reduce the working hours below the norms defined in Art. 129 by implementing breaks included in working time. The number of breaks is not pre-determined. This should be set out in the provisions contained in the work regulations or in a collective agreement. It is important that the catalogue of monotonous jobs, or those done at a predetermined pace, should be drawn up following consultations with the workers' representatives and after obtaining information from a physician supervising the health of the workers. In addition, the employer is obliged to provide each employee with a safe and hygienic working environment.

The effects of monotony occur primarily in performing routine tasks involving constant repetition of identical activities or tasks. Prolonged performance of such activities causes one-sided overload of certain muscle groups used in the work.

Monotonous, unvarying work must not be performed for more than 3 hours a day.

The tasks should be planned and organized so that each employee has a variety of activities to perform during working hours.

Driving safely Regardless of hours driven and experience, each and every driver should follow the basic principles of safe driving, especially when planning a longer journey. He is responsible not only for his life, but also for the lives of passengers and other road users.

Travelling by car can be quite dangerous – in 2016 alone as many as 33 664 car accidents occurred on Polish roads. Following basic safety rules will definitely minimize the risk of an accident.

1. Check your car before travelling. First and foremost: the air in the tyres, the amount of coolant and diesel fuel. Also check if you have a jack, warning triangle, spare tyre and, of course, a first aid kit.

2. Remember about seatbelts. They can save life in the event of an accident.

3. Think for the others. Try to anticipate the behaviour of other road users, especially in poor weather conditions.

4. Do not talk on the phone. Talking on the phone makes you no longer 100% focused on the road, your attention is distracted and even a straight road can be very dangerous.

5. Keep adequate speed and comply with traffic signs and regulations. Breaking this rule may result not only in a fine and penalty points, but it can also lead to a serious accident.

6. Follow the MDIM rule. It’s nothing more, but a correct execution of the overtaking manoeuvre or changing of the lane, i.e. mirror (M), decision (D), indicator (I), manoeuvre (M).

7. Do not drive under the influence of alcohol or when you are exhausted. The rule is simple – don’t drink and drive, and when you are tired – get some rest.

It is not worth putting not only your own and your passengers’ health and lives at risk, but also those of other road users.

National Improvement of Working Conditions Competition The 45th National Competition for the Improvement of Working Conditions is being organized by the Ministry of Family, Labour and Social Policy. Contest applications can still be submitted by 30 September 2017 to the Competition’s Office.

The aim of the Competition is to propagate studies and solutions, as well as research and development works, that will help to improve safety and working conditions. The competition also promotes projects popularising the topic of security and human protection in the work environment.

Businesses, institutions, as well as individual employees or teams of employees can participate in the competition.

Studies can be submitted in two categories:  Category A - technical and organizational solutions that improve safety and working conditions, which have been put into practice;  Category B - research and development, improvements to safety and working conditions that can be applied in practice (including, e.g. PhD theses).

Contest applications must be submitted to the Competition’s Office by 30 September 2017.

The evaluation of works submitted and the awarding ceremony will take place by 31 December 2017.

Ways to relieve digital eyestrain Working at a computer exerts negative influence on our sight. When working long hours glaring at computer screen we often forget to blink, i.e. to moisturize our eyes, which causes dryness and redness of eyes as well as deterioration of visual acuity. This state is called digital eyestrain.

Digital eyestrain is a real problem that entails plenty of physically noticeable consequences, such as itchiness and redness of eyes, eyesore, reduction in vision comfort, double vision, frequent headaches and sleeping disorders.

One of the easiest methods to relieve eyestrain is to follow the 20-20-20 rule created in the United States. Every 20 minutes you take 20-second long breaks and focus your sight on objects located 20 feet, i.e. approximately 6 meters away from you. Another way is having 5-minute breaks every hour. During this time you should not use your phone to read messages; instead, you should just look into the distance, as far as possible.

It is very important that the room we work in should be equipped with a large number of plants. It improves the air humidity and makes our eyes relaxed as well.

Even though working at a computer is not considered to be harmful to health, it is strenuous work. That is why an employer, according to OHS and ergonomics rules, is obliged to provide employees with work stations that mitigate the strains.

Furthermore, according to the provisions of the regulation adopted in implementation of the Labour Code, the employer is obliged to provide workers with corrective glasses as prescribed by a doctor. Each hour of non-stop work on computer should be followed by a 5 minute break counted as working time.

When is it not necessary to report an accident at work to the ZUS? If an employee does not intend to apply for one-time compensation, the employer is generally not obliged to submit the post-accident documentation to the Social Insurance Institution (ZUS).

An exception to this is when an employer employs less than 20 insured. Article 61 of the Act on social welfare sickness and maternity benefits of 25 June 1999 (Journal of Laws of 2016, item 372, as amended) states that in such cases the right to benefits (including sickness benefits) and amount of such benefits is determined and paid by ZUS; and so, an employee must submit the post-accident documentation.

An employer who employs 20 employees or more is not obliged to submit the postaccident documentation of an employee to ZUS, if the injured worker does not lodge a proper application (e.g. for one-time compensation for permanent or long-lasting health impairment).

Accident at work is considered to be a sudden event caused by external circumstances causing injury or death, which occurred in relation to the performance of work. The manner and procedure of conduct in determining the reasons and circumstances of accidents at work and the manner of their documentation are set out in the Regulation of the Council of Ministers on the determination of the circumstances of and reasons for accidents at work of 1 July 2009 (Journal of Laws No. 105, item 870). The provisions of the abovementioned Regulation oblige an employer, as soon as he has been informed of the situation, to appoint a postaccident team that within 14 days from the day of obtaining the notification of an accident will draw up a relevant post-accident report. The documentation so prepared provides a legal basis for an employee to apply for post-accident benefits.

Measurements of hydraulic parameters of fire-fighting hydrant systems Measurements of parameters of hydraulic internal and external hydrants ought to be conducted in terms specified by the manufacturer, but at least once a year.

The Regulation of the Minister of Internal Affairs and Administration on fireprotection of buildings and other building structures and areas (Journal of Laws No. 109, item 719) of 7 June 2010 lays down the rules and time limits for conducting technical inspections and maintenance works of fire-fighting installations, including internal and external hydrants. According to these regulations the measurements should be conducted once a year.

Furthermore, in accordance with Article 3(4) of the Regulation and Polish Norm concerning maintenance of internal hydrants, hoses constituting part of hydrants should be pressure tested every 5 years to ensure that they can maintain the maximum operating pressure.

Failure to comply with the provisions, i.e. lack of confirmation of timely inspection of and pressure tests on hydrants, hoses and extinguishers not only constitutes a basis for levying a fine, but also entails a risk of criminal liability for posing a threat to the health and life of employees.

Laureates of Occupational Health and Safety Competition 2017 Knowledge pays. Laureates of the third edition of the OHS Staff Competition experienced that themselves. It was organised by the Safe at Work Coalition in cooperation with inter alia the State Labour Inspectorate, the Office of Technical Supervision, the Central Institute for Labour Protection (CIOP-PIB) and the Social Insurance Institution. Numerous competitors squared off to win the honourable title of the Master of OHS and valuable awards.

The best results were achieved by Karol Żuchowski from Ka-gra. He was followed by Michał Walenciak from Teleskop and Szymon Konca from InouticDeceunick.

-- This year is the third time we have organised this competition intended for specialists, enthusiasts and people interested in health and safety. The number of competitors was overwhelming - over 1400 people sat the test and that is almost twice the number of people that participated last year – says Marek Maszewski, the Director of the Supervision Department at SEKA S.A., the President of the Selection Board of the OHS Staff Competition.

Not only managers, experienced practitioners and specialists took part in the competition, but also academia representatives and students. Among participants were also people interested in OHS that were not associated with the industry.

The greatest difficulty the competitors faced was giving the right answer to the question regarding the obligation to perform periodic evacuation training in buildings containing fire zones which can accommodate more than 50 people. Only 10 people indicated that an employer does not have such a duty if the people are not permanent users of the building.

Running a paint-shop requires a permit Running a paint-shop requires permits to be obtained. The specific procedures for obtaining the permits are set out in the Environmental Protection regulations.

The spraying installations must be notified or a permit for its use must be sought. The choice of procedure to follow depends on the amount of the chemical materials used.

A notification is required in the event of coating installations to which the regulations on installation emission standards do not apply and in which less than one tonne of coating materials is used in a year. In the event of other installations, a permit is required.

Failure to obtain a relevant permit may result in a fine, and WIOĹš (Voivodship Environmental Protection Inspectorate) may halt the use of such installation.

Moreover, when running a paint-shop without prescribed documents, one must remember about the increased 500% rate of environmental use charges.

Regulations: the Act Environmental Protection Law of 27 April 2007 (uniform text: Journal of Laws of 2008, No. 2, item 150); the Regulation of the Minister of Environmental Protection on the reference values for certain substances in the air of 5 December 2002 (Journal of Laws of 2003, item 12); the Regulation of the Minister of Environment on instances where introducing gases or dusts from installations does not require a permit of 22 December 2004 (Journal of Laws No. 283, item 2840); the Regulation of the Minister of Environment on installation emission standards of 20 December 2005 (Journal of Laws No. 260, item 2181); the Regulation of the Minister of Environment on the installation types whose exploitation requires notification of 22 December 2004 (Journal of Laws No. 283, item 2839).

New anti-smog programme to be launched in autumn The ministry in charge of environment has announced that Environmental Protection Law will be amended during this summer. The necessary amendments, including the provision on stoves, are to enter into force as of 1 October.

Under the new regulations, following June 2018 it will be prohibited to market and install in homes stoves of a class lower than 5, except where prior to 1 October a producer has manufactured a heating stove of a class lower than 5, it will be allowed to sell and install it by the end of June of next year.

The regulations are also to ban the use in new stoves of the so called emergency grates, currently allowing the burning of waste. The new solutions concerning stove standards will aim to eliminate from the market the so called 'smokers', i.e. furnaces not meeting basic emission norms for dust and other harmful substances.

The new restrictions will apply to stoves not exceeding 500 kW of power, which are normally used in households.

By 1 October, a programme should be ready offering preferential loans for stove replacement and assuming subsidies to the less affluent intending to replace stoves or purchasing proper fuel.