Thursday, January 10, 2019

Health and safety at the construction site. What the employer is obliged to do



The obligation to provide employees with so-called personal protective equipment is imposed by the Labor Code (articles 2376 and 2377). An employer must buy them, but only if, at the time of performing official duties, his employees are exposed to dangerous and harmful factors.

Work clothes and shoes are available to employed employees when there is a risk that their work may be damaged or significantly dirty during work. When they use their own work clothes, the code requires employers to pay them an equivalent equal to its cost. Of course, the employer must also provide them with specialist clothing when it is necessary in a given profession.

According to the labor code

Unfortunately, there are no regulations or standards that would determine what personal protective equipment or clothing and how much should be given to employed persons. This remains at the discretion of the employer, who must determine this in consultation with the crew. The Labor Code also requires the employer to make arrangements for equipping employees with work clothing and footwear as well as personal protective equipment specified in the company's regulations. This is not the end of bureaucracy. According to the law, the owner of the company must set up a card for each employee, in which he will record the issuing of his work clothes and occupational health and safety equipment. The employer is also obliged to wash and repair workers' work clothing as well as repair and maintenance of personal protective equipment. You can also give employees an equivalent for these purposes. Unfortunately, employees can not wash clothes that have been contaminated. An example of this is coveralls used for removing cement-asbestos boards from roofs.

What you need to buy construction workers

This is partly regulated by the ordinance of the Minister of Labor and Social Policy of 26 September 1997 on general health and safety at work (Journal of Laws No. 129, item 844). It lists what is actually included in personal protective equipment and what protective clothing is involved. Clothing is, among others, fleece gloves and coveralls. Personal protective equipment includes helmets, knee pads, harnesses, protective masks, earmuffs and safety goggles. Of course, the clothes and equipment given to the workers do not transfer to their property. More details can be found in the regulation of the Minister of Labor and Social Policy of 11 June 2002 amending the Regulation on general provisions of health and safety at work (Journal of Laws No. 91, item 811). It contains a table in which hazards are listed, at which the use of personal protective equipment is required.There is also an enumeration table, at what works what protective measures must be used.

To buy is not everything

You still need to use. The view of workers working with their own health and life risk, without helmets, gloves, masks and protective glasses is quite common. This is not due to the company owner's oversights. Protective equipment is usually only hidden in the magazine, sometimes unpacked at all. This state of affairs results from the manager's negligence in building his duties.