Health and safety is a shared responsibility. The employer creates safe conditions. The employee follows the rules and reports hazards. This lesson shows who has to do what.
Duties of the employer
The employer must protect the health and life of employees (Article 207 § 2 of the Labour Code). In particular, the employer must:
- organise work so that it is safe and hygienic,
- make sure health and safety rules are followed, give orders to remove defects and check that they have been carried out,
- assess occupational risk and inform you about it (Article 226),
- give you information about hazards at your workstation, about what to do in an emergency, and about the people appointed for first aid, firefighting and evacuation (Article 207¹),
- train you and give you workstation instructions (Articles 237³ and 237⁴),
- provide personal protective equipment free of charge and, where needed, work clothing and footwear (Articles 237⁶ and 237⁷),
- send you for medical examinations (Article 229),
- provide hygiene and sanitary facilities, for example toilets and washbasins (Article 233),
- consult employees on changes important for health and safety (Article 237¹¹a).
The employer bears the costs of health and safety. They must not be passed on to the employee. A company that employs more than 100 people sets up a health and safety service. A company with more than 250 employees sets up a health and safety committee.
The employer cannot say: "it is your fault, so I am not responsible." An employee's mistake does not remove the employer's responsibility for the state of health and safety (Article 207 § 1).
Duties of the employee
Article 211 of the Labour Code says that following health and safety rules is the basic duty of an employee. In particular, you must:
- know the health and safety regulations and rules, take part in training and instruction, and pass the required tests,
- work in line with health and safety rules and follow your supervisors' instructions on the matter,
- look after machines, tools and equipment and keep your workstation tidy,
- use collective and personal protective equipment as intended,
- undergo medical examinations (initial, periodic, follow-up) and follow the doctor's recommendations,
- notify your supervisor without delay of an accident or a threat to life or health, and warn others,
- cooperate with the employer on health and safety.
A person who manages employees (Article 212) has additional duties. They organise safe workstations, make sure protective equipment works and make sure employees use it.
What is not allowed
- You must not remove guards from machines or switch off safety devices.
- You must not operate equipment you are not authorised or trained to use. The employer must not allow you to work without the required qualifications and knowledge of health and safety rules (Article 237³ § 1).
- You must not come to work under the influence of alcohol or drink it at work. The employer does not allow a person to work if there is a reasonable suspicion that they are under the influence of alcohol (Article 22¹d § 1).
Responsibility for breaking the rules
- The employee. The employer may impose a disciplinary penalty: a warning or a reprimand. For breaking health and safety or fire safety rules, the employer may also impose a financial penalty (Article 108). A serious breach of basic duties may be grounds for terminating the contract without notice through the employee's fault (Article 52 § 1(1)).
- The employer and managers. Anyone who is responsible for health and safety or manages employees and does not follow the rules is liable to a fine of PLN 2,000 to PLN 60,000 (Article 283 § 1, amounts in force from 8 July 2026). For serious breaches they may also face criminal liability.
Why you need to know this
This way you know what you can demand from your employer and what is your own responsibility. If the employer did not give you gloves, did not train you or did not explain the hazards, report it to your supervisor. If that does not help, you can turn to the National Labour Inspectorate (lesson 3).
Key points
- The employer is responsible for the state of health and safety and for the costs.
- The employee has seven duties under Article 211. The most important: know the rules, apply them, report hazards.
- Breaches can lead to disciplinary penalties and, in serious cases, dismissal.
- People responsible for health and safety can receive a fine of up to PLN 60,000.