Employee Rights and Responsibilities in the Field of OHS
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Employee Responsibilities
The fundamental duty of every employee is to comply with the regulations and principles of occupational health and safety (OHS).
In particular, employees are required to:
- be familiar with the occupational health and safety (OHS) regulations and principles, participate in training and instruction in this field, and undergo required verification tests,
- perform work in accordance with the applicable regulations and principles,
- follow the orders and instructions of superiors regarding OHS,
- use collective protective equipment,
- take care of proper condition of machines, equipment, tools, and maintain order and cleanliness in the workplace,
- undergo initial, periodic, and follow-up medical examinations as well as other required health checks, and comply with medical recommendations; immediately report to the supervisor any workplace accident or any situation posing a threat to human life or health, and warn co-workers and other persons present in the danger zone,
- use assigned personal protective equipment (PPE), work clothing, and footwear as intended,
- cooperate with the employer and superiors in fulfilling duties related to occupational health and safety.
Employee Rights
The Most Important Employee Rights under the Labour Code
- The right to safe working conditions – Article 210
- The right to paid leave – Article 152
- The right to medical care – Article 229
According to the provisions of the Labour Code regulating Occupational Health and Safety (OHS), an employee also has the right to:
- Refuse to perform work and immediately notify the supervisor if the working conditions do not comply with occupational health and safety regulations and pose a direct threat to the employee’s life or health, or if performing the assigned task could create such a hazard for others.
- Leave the danger zone after promptly notifying the supervisor, if staying in the hazardous area would continue to expose the employee to a direct threat to life or health.
In such cases, the employee retains the right to remuneration for the time of work interruption. - Refuse to perform work (after prior notification of the supervisor) that requires particular psychophysical abilities, if the employee’s current physical or mental condition prevents safe work performance and poses a risk to themselves or others.
The types of work requiring specific psychophysical abilities are defined in the Regulation of the Minister of Labour and Social Policy on types of work requiring special psychophysical fitness (Journal of Laws No. 62, item 287).
The above-mentioned rights do not apply to employees whose professional duties include saving human life or protecting property.