Good regulations are not enough if nobody follows them. This lesson shows what you are entitled to, what is expected of you and how the employer assesses hazards.
Your rights
- You have the right to work in safe and hygienic conditions.
- The employer must inform you about the occupational risk at your workstation and about ways of protecting yourself from it.
- You have the right to personal protective equipment free of charge, and to work clothing and footwear, if the work requires it.
- If working conditions do not comply with BHP regulations and pose an immediate danger to your health or life, or if your work threatens other people with such danger, you may refrain from carrying out the work. You must notify your supervisor without delay (Article 210 § 1 of the Labour Code).
- If stopping work does not remove the danger, you may leave the dangerous place, again notifying your supervisor (Article 210 § 2).
- You must not suffer any adverse consequences for justified refraining from work or leaving, and you keep your pay for that time (Article 210 § 2¹ and § 3).
Your duties
Under Article 211 of the Labour Code, an employee must:
- know the BHP regulations and rules, and take part in training and tests,
- do the work in accordance with the regulations and supervisors' instructions,
- keep the workstation tidy,
- use collective and personal protective equipment and work clothing,
- undergo medical examinations and follow the doctor's recommendations,
- notify the supervisor without delay of an accident or of a hazard you notice,
- cooperate with the employer on BHP matters.
Medical examinations
Before starting work, the employee must have a medical certificate stating that there are no contraindications to work at that workstation. The employer issues a referral. Initial, periodic and follow-up examinations are at the employer's expense. Without a valid medical certificate, the employer cannot allow you to work.
Alcohol and intoxicating substances
You must not work under the influence of alcohol or use it at the workplace. The employer does not allow to work a person whose sobriety test has shown alcohol, or a person where there is a justified suspicion that they came to work after drinking alcohol or drank it at work (Article 22¹d § 1 of the Labour Code). When operating machines or working at height, such a mistake can end in an accident.
Occupational risk assessment
- A hazard is something that can cause harm. For example, a rotating shaft, a slippery floor, noise or a corrosive substance.
- Occupational risk is the probability that a hazard will cause harm, together with how severe that harm would be.
The employer must assess and document the occupational risk and apply measures that reduce it (Article 226). The employer informs employees of the results. You help by reporting defects and following the rules.
Order of protective measures
The employer applies measures in a set order:
- Eliminating the hazard or reducing it at the source.
- Collective protection, for example guards, barriers, ventilation.
- Organisation of work, for example shorter shifts, breaks.
- Personal protective equipment, for example gloves or hearing protectors. It is used when the earlier measures are not enough.
People with special protection
The regulations protect, among others, young workers, pregnant women and breastfeeding women. They are banned from some kinds of work. The employer adapts working conditions for them.
Key points
- In case of immediate danger you may stop work, and you must notify your supervisor.
- Report defects, accidents and hazards without delay.
- Risk assessment is the employer's responsibility. Personal protective equipment is the last line of defence.