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Previous comments: C.62, C.115, C.119, C.120, C.127, C.161, C.170 and C.176

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene, commerce and offices)), 127 (maximum weight), 148 (air pollution, noise and vibration), 161 (occupational health services), 170 (chemicals) and 176 (safety and health in mines) together.
The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarność” on Conventions Nos 62, 115, 127, 148, 161 and 170, received on 7 September 2023. The Committee notes the response of the Government to the observations on Conventions Nos 62, 115, 127, 148 and 161, received on 16 November 2023.

A. General provisions

Occupational Health Services Convention, 1985 (No. 161)

The Committee takes note of the information provided by the Government in its report concerning Article 3 of the Convention, which responds to its previous request on the development of occupational health services for all workers and sectors.
Application of the Convention in practice.Labour inspections and statistical information. Following its previous comments, the Committee notes the Government’s indication that the average number of preventive medical examinations of workers fell by nearly 9 per cent during the first months of the COVID-19 pandemic, from 5.1 million performed annually between 2013 and 2019 to 4.66 million, while the number of follow-up examinations conducted after a long-term absence due to sickness lasting more than 30 days, increased by more than 20 per cent during the same period. According to the Government, the number of periodic medical examinations gradually increased in the following months of the pandemic. The Committee notes the Government’s indication that the presence of occupational physicians in the workplaces was significantly reduced during the pandemic, with the number of workplaces visited decreasing by more than 53 per cent. The Government further indicates that in 2022, occupational physicians visited over 6,100 workplaces and 32,400 workstations. The Committee requests the Government to indicate the measures taken or envisaged to strengthen the application in practice of the Convention.
  • Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 3(1) and 6(2) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and dose limits for occupational exposure.Application in practice of the Convention. Following its previous comments, the Committee takes due note of the Government’s indication in its report that the Atomic Law has been amended in 2019 to implement EU legislation and that Annex 4 of the Law provides new dose limit values for ionizing radiation for workers and members of the public. The Committee notes the observations of Solidarność, according to which there are violations of OSH regulations on radiation protection in the health sector and according to which alarming data in this regard had been submitted in 2021 by the Supreme Audit Office. The Government, in its response, indicates that the irregularities found were likely the result of negligence or ignorance, and that meetings had been organised between the State Atomic Energy Agency and the Supreme Audit Office to discuss those findings and possible legislative amendments to ensure better clarity of the legal requirements. The Committee also notes the Government’s indication that in the reporting period, 18 workers were reported to have exceeded the effective dose of 20 millisieverts (mSv) but that there are fewer and fewer cases of exceedance over the years. The Committee requests the Government to provide information on the specific measures taken to address the irregularities noted, including any legislative amendments impacting the application of the Convention.It also requests the Government to continue to provide information on the application of this Convention in practice, including statistics on the number of workers that have exceeded the effective dose limits and any other violations detected during labour inspection visits and their follow-up.

Guarding of Machinery Convention, 1963 (No. 119)

Legislation. The Committee takes note of the information provided in the report of the Government regarding legislative developments, which addresses its previous request.
Article 15 of the Convention. Inspection. Following its previous comments, the Committee notes the Government’s indication that, in the period 2014–23, the percentage of inspected machines that did not conform to regulatory requirements remained relatively high each year, ranging between 47 per cent and 75 per cent in the period 2014–22. In the period between January and June 2023, the Government indicates that 145 products were evaluated, and that 79 per cent of such products were found to be non-compliant with EU legislation. The Committee nevertheless notes the indication from the Government that such machines were selected for inspection, among others, in cases of suspected product defects or non-compliance with regulatory requirements, which were revealed during inspections carried out for reasons that were originally unrelated to market surveillance. The Government states that, where violations are found, actions are taken to enforce compliance regarding the equipment. If the responsible parties do not take appropriate actions, market surveillance proceedings are initiated, and decisions proportionate to the violations are issued, including orders to withdraw the equipment from the market or from use. The Committee requests the Government to continue to provide information on the results of inspections regarding machinery and on any other measures to ensure compliance of machinery with the applicable legislation.

Maximum Weight Convention, 1967 (No. 127)

Articles 5 and 8 of the Convention. Application in law and in practice of the Convention, and consultation of the social partners.Adequate training and instructions. Following its previous comments regarding OSH training, the Committee notes the Government’s indication in its report that, according to statistics, the number of irregularities detected in relation to the manual transport of loads is low compared to the number of inspections carried out, but that the problem is the inadequate preparation of workers for work, and in particular, the lack of or improperly prepared instructions. In this regard, the Government also indicates that preventive activities such as the issuance of publications, and the organization of trainings and meetings, are undertaken by the National Labour Inspectorate (NLI). The Government further refers to projects carried out by the Central Institute for Labour Protection–National Research Institute, which include the organization of information campaigns, and the implementation of multi-year programmes such as the “Improving safety and working conditions” for 2023–25. The Committee notes the observations of Solidarność which indicate that, due to insufficient controls, the state of application of the Convention is unclear in certain sectors, including commerce, construction, transport and warehouse management, healthcare and social assistance, but that the NLI’s workplan for 2022–24 foresees an increase in inspections in the commerce and warehouse management sectors. The Committee requests the Government to continue to provide information on the results of inspection visits conducted and the number of infringements detected. The Committee also requests the Government to provide information on the impact of preventive and other measures on the application in practice of Article 5 of the Convention, particularly on the rate of compliance with OSH training requirements for the manual transport of loads.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 12 of the Convention. Processes, substances, machinery and equipment to be notified to the competent authority. Noting that section 209 of the Labour Code has been repealed, the Committee requests the Government to indicate the measures taken to identify the processes, substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, that shall be notified to the competent authority for authorization.

Chemicals Convention, 1990 (No. 170)

Legislation and other measures of application. The Committee takes note of the information provided in the report of the Government regarding legislative developments, which addresses its previous request.
Articles 10–15 of the Convention. Responsibilities of employers. Application of the Convention in practice. Following its previous comments on this matter, the Committee notes the information provided by the Government concerning the measures taken to apply the Convention, including progress achieved in the multiannual programme titled “Improvement of safety and conditions of work”, which resulted in the adoption of new standards regarding chemicals. The Government also indicates that, for the years 2022–24, the NLI is implementing the Chemical Control Strategy, which as one of its three key priorities, covers oversight and control activities in the area of chemical safety in production, use and storage of substances and mixtures, across various sectors of economy. In this regard, the Committee notes the Government’s indication that, following 820 inspections conducted in 2022 within the framework of the Chemical Control Strategy, the NLI issued 9,265 OSH decisions and 229 verbal orders, addressed 3,579 motions, and gave 4,216 pieces of advice regarding technical safety at work. The Committee also notes the results of inspection visits related to the application of Articles 10–15 of the Convention. The Committee further notes that, according to the observations of Solidarność, there has been a concerning upward trend in the numbers of irregularities detected in relation to employers’ compliance with requirements on safety data sheets, packaging, and labelling, among others. The trade union considers that actions taken so far, such as information campaigns, are insufficient to ensure compliance with OSH regulations. The Committee requests the Government to provide further information on measures taken to improve the application in practice of Articles 10–15 of the Convention, and to continue to provide information on the results of inspection visits related to the application of those Articles.The Committee also requests the Government to provide information on the impact of the measures taken.
  • Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO’s Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning the Safety and Health in Construction Convention, 1988 (No. 167), and recommended to offer technical assistance to those countries requiring most support. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office in this regard.The Committee takes this opportunity to recall that in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the Fundamental Principles and Rights at Work, thus amending the 1998 Declaration on Principles and Fundamental Rights at Work. The Committee draws the Government’s attention to the possibility of requesting technical assistance from the Office for the purpose of bringing both the practice and the applicable legislation into conformity with the fundamental Conventions relating to occupational safety and health, and to provide support for any consideration of ratification of these standards.
Article 6 of the Convention. Statistical information relating to the number and classification of accidents occurring to persons occupied on work within the scope of the Convention. Application of the Convention in practice. Following its previous comments, the Committee notes the information provided by the Government on inspection activities conducted in the construction sector. In particular, the Government indicates that OSH irregularities are most often detected in micro-enterprises of one to nine workers, which resulted in an increase in the number of decisions issued by labour inspectors for those enterprises over the years. The Committee also notes that, according to the statistics of the Government, scaffolding, work at heights, protection against damage to electric cables and the securing and marking of hazardous areas are issues where most decisions have been issued in the period 2014–23. In the view of Solidarność, the number of OSH violations in the sector remains high and the Government has decreased the number of inspections and increased information campaigns, which, alone, are not adequate solutions to the rampant violations of OSH regulations. In response, the Government indicates that it is worth paying special attention to intensifying inspections, as well as introducing additional legal solutions, including more severe financial penalties for infringement of OSH regulations. The Government also indicates a number of measures recommended by the Labour Protection Board in its position paper of 13 June 2023 on the “Strategy for ensuring safety in selected hazardous works in the construction industry”. The Committee requests the Government to continue providing information on the application in practice of the Convention, including on the number of inspections, the number of violations detected, and the sanctions imposed. Noting the high numbers of OSH violations recorded in small enterprises, the Committee requests the Government to indicate the measures taken or envisaged that would strengthen labour inspectors’ ability to enforce the applicable OSH legislation in those enterprises, as well as on their impact. It also requests the Government to provide information on the implementation of the measures recommended in the “Strategy for ensuring safety in selected hazardous works in the construction industry”.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Legislation. The Committee takes note of the information provided in the report of the Government regarding legislative developments, which addresses its previous request.
Article 6 of the Convention. Inspection. Application of the Convention in practice. Following its previous comments, the Committee notes the information provided by the Government regarding the inspection visits conducted in retail and wholesale by the NLI in the period 2014–23. In particular, the Committee notes the Government’s indication that, during the reporting period, a significant number of irregularities were detected concerning the conduct of preventive medical examinations, OSH training, OSH risk assessments, measurement of noise and mechanical vibrations, the provision of hygiene and sanitary premises and first aid systems, and failure to provide drinking water to workers. The Committee requests the Government to provide information regarding measures taken with a view to improving the application of the Convention in practice, and to continue to provide information on the enforcement activities undertaken, including the number of violations detected and measures applied.

Safety and Health in Mines Convention, 1995 (No. 176)

Legislation. The Committee takes note of the information provided in the report of the Government regarding legislative developments, which addresses its previous request.
Article 13(2)(f) of the Convention. Right of safety and health representatives to receive notice of accidents and dangerous occurrences relevant. Following its previous comments on this matter, the Committee notes the Government’s indication that the legislation does not explicitly impose an obligation on the employer to notify workers’ representatives of occupational accidents and dangerous incidents. According to the Government, the Regulation of the Council of Ministers of 1 July 2009 on establishing the circumstances and causes of accidents at work, however, provides that where a social labour inspector does not exist in the undertaking, an accident team established to investigate the cause of an accident will have to include the employee representative. The Committee recalls that, pursuant to Article 13(3) of the Convention, procedures for the exercise of the rights referred to in paragraphs 1 and 2 of Article 13 shall be specified by national laws and regulations and through consultations between employers and workers and their representatives. The Committee requests the Government to indicatewhether it intends to adopt legislative provisions specifying the right of workers’ representatives to receive notice of accidents and dangerous occurrences relevant to the area for which they have been selected.
Application of the Convention in practice. Following its previous comments on this issue, the Committee notes the statistics provided by the Government on the results of inspections by the NLI in the mining sector. Those statistics indicate that the most common irregularities found in underground mining operations were the improper condition of haulage routes, access routes to workplaces, and passageways at workplaces. The Committee notes that the number of offences detected has, overall decreased, between 2014 and 2022, from 401 to 198 per year. The Committee requests the Government to continue to provide information on the application of the Convention in practice and to provide further information on the measures taken to remedy the irregularities found.

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Legislation. The Committee notes the information provided in the Government’s report, and the attached legislation, indicating recent legislative amendments, including the Labour Code and adoption of the Regulation of the Minister of Labour and Social Policy of 6 June 2014 on the highest permitted concentration and intensity of factors harmful for human health in the work environment which comes into force on 24 September 2014. This Regulation contains the values of highest permitted concentration for 524 chemical substances and 19 particular factors, as well as the maximum allowable intensity for nine physical factors, including noise and local and general vibrations, The Committee requests the Government to continue to provide information on legislative measures undertaken with regards to the application of the Convention and their application in practice.
Article 6 of the Convention. Inspection. Application of the Convention in practice. The Committee welcomes the information provided by the Government on the basis of the results of an audit on work hygiene in commercial institutions conducted by the national labour inspectorate in 2013. The Committee notes the Government’s indication that the largest number of irregularities were observed in 33 per cent of the audited large-area commercial institutions, where non-compliance concerned the provision of equipment in hygiene and health rooms, whereas in smaller institutions, irregularities did not exceed 11 per cent of workplaces. In addition, in 32 per cent of the audited institutions, there were irregularities concerning equipping employees in working clothes and shoes. The Government also indicates that in 13 per cent of audited large-area institutions, employees were not provided with seating, and thus the possibility of rest near the workplace, and that irregularities concerning the ventilation, lighting and heating of working areas were occasionally observed during audits. The Committee requests the Government to provide information on the measures taken to improve the application of the Convention in practice, in particular with regard to the proper maintenance of hygiene facilities used by workers. It also requests the Government to continue to provide relevant excerpts of labour inspection reports and statistics on the number and nature of the contraventions reported.

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The Committee notes the detailed information contained in the Government’s report and the attached legislation, including amendments to the Labour Code concerning an extension of the obligations of employers, and the adoption and amendment of a number of Ordinances, in particular the Ordinance of the Minister of Health of 20 April 2005 on tests and measurements of agents harmful to health in the working environment, all giving further effect to the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 6 of the Convention and Part IV of the report form. Application in practice. With reference to its previous comment on the impact of section 96, paragraph 1, of the Code of 24 August 2001 concerning proceedings in cases of petty offences, the Committee notes that the results of work health and safety inspections carried out in 2008, compared to previous years, indicate an improvement in work health and safety conditions of retail outlet employees. The Committee notes the Government’s indication that this improvement was an effect of, inter alia, an increase in the maximum fine imposed by labour inspectors, and of a regulation introduced which enabled the punishing of multiple offenders with a hefty fine. The Committee asks the Government to continue to provide detailed information on labour inspections and the number and nature of the contraventions reported.

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The Committee takes note of the Government’s report and of the information supplied in response to its previous comments.

Article 6, in conjunction with Part IV of the report form. Practical application. With regard to its previous comments, the Committee notes the amendment introduced toarticle 96, paragraph 1, of the Code of 24 August 2001 concerning proceedings in cases of petty offences, increasing double the amount of fines imposed for non-observance of legislation on occupational safety and health, by means of penal order, in cases where the labour inspector is the public prosecutor. The Government considers that the significant increase in the amount of fines would raise the level of observance by entrepreneurs of occupational safety and health provisions designed to give effect to the provisions of this Convention. The Committee hence requests the Government to provide detailed information, with its next report, on the impact of article 96, paragraph 1, of the Code of 24 August 2001 concerning proceedings in cases of petty offences, as amended, to assess whether the fines imposed under this provision indeed have a sufficient dissuasive effect and thus ensuring effective application of national legislation designed to give effect to the provisions of this Convention.

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The Committee notes the Government’s report and the information provided in reply to its comments. It further notes the amendments that have been introduced in 2001 to the Law on 6 March 1981 on the National Labour Inspectorate, Official Gazette No. 124 of 2001, text 1362, as well as the adoption of the Law of 21 June 2001 concerning the amendment of the Law on the National Labour Inspectorate and the Law on Executive Proceedings in Administration, Official Gazette No. 76 of 2001, text 809. With reference to its previous comments, the Committee draws the Government’s attention to the following points.

1. Article 6 in conjunction with Part IV of the report form. The Committee notes the number of inspections carried out by labour inspectors in 2001, the infringements reported and the penalties imposed. It notes with concern that the inspectors had to issue a decision on nearly half of the enterprises inspected, and that 61 per cent of the infringements revealed were due to non-observance of legislation on occupational safety and health. The punishments consequently inflicted on these enterprises in form of a fine have been imposed either directly by the inspectors or by courts and committees. On the basis of these numbers, the Committee notes the extent to which the national legislation giving effect to the Convention is applied. It notes a deficit with regard to the practical application of the Convention. In this respect, the Committee refers to its previous comments where it had noted that the information available from the State Labour Inspection Report 1995 had drawn a similar picture. It therefore still appears to the Committee that the penalties applicable under the national legislation for the violation of occupational safety and health legislation do not have a sufficiently dissuasive effect. Recalling the provision of Article 6, paragraph 2, of the Convention, providing for the necessary measures in the form of penalties to be taken to ensure the enforcement of laws and regulations designed to give effect to the provisions of this Convention, the Committee requests the Government to take the necessary measures regarding the establishment of a system of sanctions that will exert an effective preventive influence against acts contrary to the legislation applying the Convention.

2. In its previous comments, the Committee noted the Government’s indication that the Ministry of Labour and Social Policy was preparing a Regulation concerning general occupational safety and health provisions to replace the Regulation of 6 November 1946 on the same matter. In absence of information in this regard, the Committee requests the Government to indicate whether the Ministry of Labour and Social Policy has already tabled a bill concerning general occupational safety and health provisions, and, if so, it requests the Government to indicate the present state of the legal process.

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I. Article 6 of the Convention and point IV of the report form. 1. The Committee notes the Government's indication according to which the scope of activity of the State Labour Inspection has been extended by the introduction of a legal provision. Now, inspection activities include the supervision and inspection of safety and health conditions at workplaces where work is performed by individuals on the basis of contracts which do not establish an employment relationship, for example agency contracts. It would request the Government to specify the legal basis providing for the extension of responsibilities of the State Labour Inspection.

2. The Committee notes the number of inspections carried out in 1996 in different undertakings working on different sectors. It also notes that these data do not provide any information regarding the number of infringements stated and fines imposed by the inspectors. However, on the basis of the information available from the State Labour Inspection Report 1995, the Committee notes the extent to which national legislation, giving effect to the Convention, is applied. On the basis of this information, the Committee states a lack as regards the practical application of the national legislation in question.

3. The Committee recalls that, according to Article 6, paragraph 2, of the Convention, the Government must take the necessary measures, by means of appropriate penalties, to ensure the application of the legislation. In this respect, it appears that penalties, provided for to ensure observance of safety and health legislation, do not have a sufficiently dissuasive effect. The Committee would therefore draw the Government's attention to the importance of establishing effective sanctions which exert an effective preventive influence against acts contrary to the provisions designed to give effect to the Convention.

4. The Committee would appreciate if the Government would provide in its next report information regarding measures taken or envisaged to ensure full observance of the legislation and, in particular, information on the number of inspections carried out, infringements of the relevant provisions reported and penalties imposed.

II. The Committee also notes that the Minister of Labour and Social Policy is currently preparing a Regulation concerning general occupational safety and health provisions which will replace the Regulation of 6 November 1946. The Committee would request the Government to keep it informed on the adoption of this new Regulation and would ask the Government to supply a copy as soon as this Regulation has been adopted.

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