1. Law regulation including HSE
Employer responsibilities, supervisors and managers responsibilities regarding health and safety and liability for violation of HSE rules and laws.
EMPLOYER RESPONSIBILITIES FOR HEALTH AND SAFETY AT WORK:
- Employer has full responsibility for HSE state in workplace. There is no impact on the employer responsibility thanks to hiring HSE inspector, still whole responsibility by law is on employer that is mentioned in 23711 2 of the Labour Code.
- The employer is obliged to protect the health and well-being of workers by providing safe and hygienic working conditions with adequate use of scientific and technological advances. In particular, the employer is obliged to:
- Organize work in a manner that ensures safe and hygienic working conditions,
- Ensure compliance with the rules and regulations of the workplace, occupational health and safety regulations, give the instructions to remove any breaches thereof and control the execution of these instructions,
- Respond to the needs of health and safety at work and adjust the measures taken to improve the existing level of protection of the health and life of workers, taking into account changing working conditions,
- To ensure the development of a coherent policy to prevent occupational accidents and illnesses taking into account technical issues, work organization, working conditions, social relations and the influence of working environment factors,
- Take into account the protection of the health of young people, pregnant or lactating mothers and disabled workers considering preventive measures,
- Ensure execution of the orders, pronouncements, decisions issued by the local/country authorities on working conditions
- Ensure compliance with the recommendations of the social labor inspector.
- The costs of activities undertaken by the employer in the field of health and safety at work cannot impose employees in any way.
- The employer and the person leading the staff are obliged to know, to the extent necessary for the performance of their duties, laws and regulation on health and safety at work
- [Obligation to inform about dangers, article 20171 of Labour Code] The employer is required to provide the information about:
- health and life-threatening hazards in the workplace, individual workplaces and work stands, including rules how to deal with accidents and other health and work-related hazards,
- Protective and preventive measures taken to eliminate or reduce the risks referred to the section 1,
- Employees assigned to:
1) perform first aid,
2) perform fire prevention and evacuation activities.
- Information about employees that were motioned in § 1 point 3, includes:
1) name, last name,
2) place of work,
3) telephone number or other mean of communication.
- [Cooperation of employers] When employees employed by various employers work in the same place at the same time, the employer shall be obligated to:
1) cooperate with each other,
2) appoint a coordinator to supervise work, safety and hygiene of all employees hired in the same place
3) establish rules of cooperation including procedure to be applied in the event of danger to the health or life of employees,
4) to inform each other and their employees or representatives about occupational hazard prevention activities occurring during their work.
- The appointment of the coordinator shall not release particular employers from the obligation to ensure the health and safety of the employees.
- The employer in whose premises the works are performed by persons employed by various employers shall be obliged to provide these employers with the information referred to in article 207 to be transferred to the employees
[First aid, emergency cases] § 1. Employer is obligated to:
1) Ensure the measures necessary for providing first aid in the event of imminent danger, for fire – fighting and evacuation of employees,
2) Designate employees to:
a) perform first aid,
b) perform fire prevention and evacuation activities,
3)ensure communication with external services specializing in particular, in provision of first aid in imminent dangers, emergency medical care and fire protection.
- [Hazards for life and health, employer duties] 1. In case there is a possibility of life and health hazard the employer is obligated to:
1) immediately inform the employees about the hazard and preventive measures taken to eliminate the hazard
2) immediately deliver instructions that allow stop work and leave the workplace in case of direct danger to life and health occurrence
In case there is a direct hazard to life and health of employees the employer is obligated to:
1) stop work and order employees to leave and to proceed place of safety
2) not order to resume work until the threat is eliminated
- [Actions without agreement with the employer]
The employer shall ensure that all workers are able, in the event of a direct threat to their own life or health or lives of other persons, to take the appropriate steps to the extent of their knowledge and technical means at their disposal, to avoid such threat, even without consulting the superior.
- Employees that took measures mentioned above cannot take any negative responsibilities as a consequences of their activities, unless they neglect their obligations.
OBLIGATIONS ON THE SAFETY AND HYGIENE OF WORK OF PERSONS LEADING OTHER EMPLOYEES (MANAGERS / SUPERVISORS)
Supervisor is obligated to:
- Organize the workplaces due to health and safety regulations
- Take care of the effectiveness of personal protective equipment and their intended use,
- Organize, prepare and perform work taking security into consideration
- Prevent workers from accidents at work, occupational diseases and other diseases related to working environment,
- Ensure the safe and hygienic condition of the work rooms, offices and technical equipment as well as the efficiency of the collective protection measures and their use in accordance with the instructions.,
- Enforce employee’s compliance with health and safety laws and regulations,
- Ensure that the physician’s instructions are followed.
EMPLOYEE HEALTH AND SAFETY DUTIES
Compliance with the rules and regulations of safety and hygiene is the primary responsibility of the employee. Employee is obligated to:
- Be familiar with the rules and regulations of health and safety at work, take part in the training and pass the required tests
- Work in a manner consistent with health and safety regulations and practices, and follow the instructions given by supervisors,
- Take care of the proper condition of machines, devices, tools and equipment, order and tidiness in the workplace,
- Use personal protective equipment and working clothes and footwear according to their intended purpose,
- Be subject to initial, periodic and control and other recommended medical examinations and follow medical advice,
- Immediately notify your supervisor of any accident or threat to life or health of the workplace, and any other persons in the hazard area that might be in danger.,
- Cooperate with employer and supervisor to meet safety and health obligations.
Types of liability for violation of rules and regulations of health and safety at work:
We distinguish the following types of liability
- Statutory liability,
- Offense liability
- Criminal responsibility
- Civil liability
Regulatory penalties for non-compliance with health and safety regulations:
For not following with safety regualtions employer can use:
- Penalty of admonition
- Reprimand penalty
- Financial penalty