Workers Safety Representatives in Poland
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1 Workers Safety Representatives in Poland Dariusz Goc The All-Poland Alliance of Trade Unions Poland 1
2 Workers representation on OSH in Poland Social Labour Inspectorate - SIP (in companies with Trade Unions) Workers Safety Representatives (in companies without Trade Unions) 2
3 Social Labour Inspectorate - SIP Covering all branches of the Polish economy, SIP was created in 1950 as the only general supervisory body in the OSH area. In 1983 SIP was divided into two bodies: - National Labour Inspectorate, - Social Labour Inspectorate. In its present legal status, SIP consists of the voluntary activity of workers employed in particular enterprises who represent the interests of Trade Union members as well as other employees. 3
4 Social Labour Inspectorate - SIP in enterprises: SIP - is directed by Trade Unions, - training and other costs covered by the employer, - can have a three-level organisation, - inspectors are elected by all employees (four-year term). Main objectives for Social Labour Inspectors: - to provide safe and healthy working conditions in their enterprises, - to assure that other requirements of labour law are observed. 4
5 Social Labour Inspectors - SIP Main tasks: - to control facilities, devices, technological processes, equipment H&S perspective, - to monitor compliance with requirements of labour law - comprehensively, 5
6 Social Labour Inspectors - SIP - to investigate causes of work-related accidents and occupational diseases team member, - to give opinions on employers improvement plans in the OSH area, - to promote a safety culture. 6
7 Social Labour Inspectors - SIP Tools: - Record of irregularities - inspector shall inform employer of all irregularities and non-compliance identified in company; - Lawful means - recommendations, warrants; - NLI s* inspection in the company - on the basis of SIP and Trade Union motion (e.g. in case of nonfulfilment of warrant, employer, on application of NL Inspector, can be fined max 5000 ); - Impact on workers reprimands, additional H&S training. * National Labour Inspectorate 7
8 Social Labour Inspectors - SIP Inspectors have the right to: - employment protection during the term and for 1 year after its completion, - protection against alteration (deterioration) of working and payment conditions, - monthly lump-sum payment on the basis of agreement between employer and Trade Unions. 8
9 Workers OSH representatives In companies where there are no Trade Unions employees representatives are selected by the mode agreed with employer. Safety Reps have the right to (like a SIP): - work in the OSH Committees, - participate in consultations on OHS, including risk assessment, - participate in designing and implementing actions connected with the OSH area (e.g. work organisation, chemical substances, PPE, clothing, OSH training) EMPLOYMENT PROTECTION NOT GUARANTEED 9
10 Workers Safety Representatives in Poland Challenges: 1) Legal framework; 2) Legal initatives (government supported by employers lobby); 3) Decreasing importance of SIP and Safety Reps; 4) Unknown number of Safety Representatives (SIP+Safety Reps). 10
11 Workers Safety Representatives Trade Union s support: in Poland Legal support and counseling, training, SIP Academy, SIP clubs, SIP meetings. Good practices: - OPZZ s H&S Committee, - Agreement between OPZZ and NLI, 11
12 Workers Safety Representatives in Poland - SIP Academy in Katowice (NLI), NLI s School in Wrocław, - Training College in Wrocław and Regional Council - Kraków, - Activity of voivodship (regional) councils agreements, training, legal advisers, - SIP Clubs on the boards of the regions e.g. Toruń, Gdańsk, Kielce. 12
13 Workers Safety Representatives in Poland What is needed Creation of system in which all enterprises and employees will be covered by effective activity of OSH Representatives. Development of system to ensure that all OSH Representatives are independent and protected against the actions of the employer. 13
14 Thank you for your attention 14
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