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Maximum Weight Convention, 1967 (No. 127) - Poland (RATIFICATION: 1973)

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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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The Committee notes the observations of the Independent and Self-Governing Trade Union (NSZZ) “SOLIDARNOSC”, received on 3 September 2014, as well as the Government’s reply to these observations, received on 29 September 2014.
Article 8 of the Convention. Application in law and in practice of the Convention, and consultation of the social partners. The Committee notes the information in the Government’s report that tasks were carried out between 2011 and 2013 by the Central Institute for Labour Protection – National Research Institute, under the second stage of the multi-annual programme entitled Improvement of Safety and Working Conditions, established by a Decision of the Council of Ministers No. 154/2010 of 21 September 2010, in order to reinforce the application in practice of the Convention regarding associated risks of musculoskeletal disorders. The Committee notes the various developmental programmes which were carried out during that period and that a third stage of the programme, established by Decision of the Council of Ministers No. 126/2013 of 16 July 2013, shall continue its implementation from 2014 to 2016. The Committee further notes from the Government’s report that the inspections carried out by the National Labour Inspectorate (NLI) in the retail sector indicate improvements in compliance with the occupational health and safety (OSH) regulations on manual movement of weights, as a result of the law which requires giving a position-specific briefing to employees, especially at large-area commercial establishments, and as a result of systematic inspections in the commercial sector carried out by the NLI between 2009 and 2013. The Committee also notes from the Government’s report that in health-care institutions, there have also been improvements in compliance with the OSH regulations on manual movement of weights and that in 2012, employment inspectors issued 11 decisions ordering the introduction of organisational and technical solutions aimed at the reduction of physical effort while relocating patients, while in 2013, only one such decision was issued.
The Committee notes the that the NSZZ “SOLIDARNOSC” highlights from the NLI’s reports that standards and principles of compliance in manual handling is not listed amongst the controlled issues by the NLI, and that there is no data on campaigns about the principles of manual handling conducted in the years 2009–14. The Committee notes the trade union’s statement that it finds it alarming that no required OSH training was conducted by 25 per cent of employers engaged in commercial establishments where loads are handled manually on a daily basis, and in 28 per cent of the institutions there were no OSH duties performed. The NSZZ “SOLIDARNOSC” further states that from the summary of controls carried out in the health sector, they do not observe any improvements of working conditions in terms of manual handling leading to a large-scale problem for which there is no plan for significant improvement. According to the trade union, although in 2007 the NLI implemented the “Lighten the Load” Campaign, and the Central Institute for Labour Protection included issues related to manual handling in its long-term programme for improvement of working conditions – phase II (2011–13), none of these actions have a continuation beyond the abovementioned programme’s third phase (2014–16) and that there is no information on the number of workers and employers involved in these activities, nor are there examples of good practice, making it difficult to assess their effectiveness. The Committee notes the information in the Government’s reply to the comments made by the NSZZ “SOLIDARNOSC”, that the NLI, during inspection of commercial entities, checks compliance with standards for objects moved by employees and that the necessary auxiliary equipment for mitigating the arduousness of, and the risks related to, manual handling of objects is ensured. The Government indicates that, from the results of inspections carried out in 2013, only a small percentage of facilities were not in compliance and, therefore, this information was omitted from the reports of the NLI. The Government also indicates that preventive activities on the manual handling of loads were included in the NLI’s programmes in 2007 and 2009, and several publications were issued concerning protection of the musculoskeletal system during manual transportation activities. The Government recognizes that, between 2009 and 2014, there have not been any preventive campaigns on correct manual handling, but specifies that this issue is covered by the inspection activities of the NLI. The Committee requests the Government to take the necessary measures to strengthen the application of the Convention in practice, in consultation with the NSZZ “SOLIDARNOSC”, and to continue to provide information with regard to ensuring that OSH training on the manual transport of loads is given to workers, as raised by the trade union. The Committee requests the Government to provide information on the results of the third phase, 2014–16, of the Improvement of Safety and Working Conditions programme.

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The Committee notes the Government’s report and the legal texts adopted which continue to give effect to the Convention, including, in particular, the Ordinance of the Minister of Labour and Social Policy of 18 March 2009 in order to give further compliance to the provisions of the European Directive 90/269/EEC.

Part V of the report form. Application in practice. The Committee notes the detailed information provided by the Government concerning measures undertaken to strengthen the application of the Convention in practice, in particular the coordination of the “Lighten the load” campaign in response to the European Agency for Safety and Health at Work’s campaign to prevent musculoskeletal disorders. The Committee welcomes the results of the National Labour Inspectorate’s inspections, after an intensive promotion and inspection campaign in the trade sector, indicating that in recent years there has been an improvement in the observance of provisions on work health and safety related to the manual handling of loads by women, and an improvement in compliance of on-the-job training in legal standards, particularly in large space retail establishments. The Committee notes that a significant problem of handling excessive loads still remains in health care institutions when taking care of patients, due to a lack of appropriate knowledge and awareness by workers performing these tasks as well as supervisors and work health and safety services. The Committee asks the Government to continue to provide information on measures taken to strengthen the application of the Convention in practice, in particular with regard to the risk of musculoskeletal disorders from handling excessive loads in health care institutions.

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1. The Committee takes note of the Government’s report and the legal texts adopted which continue to give effect to the provisions of the Convention. It notes in particular the Minister of Labour and Social Policy Ordinance of 14 March 2000 on safety and health at work involving manual transporting (DZ.U. No. 26, Text 313 and No. 82, Text 930) transposing into domestic law the requirements set out in the European Directive 90/269/EEC. With regard to the permissible maximum weight of loads that may be transported manually by a single worker, the Committee notes with interest that the limits established for the different categories of workers go beyond the recommendations contained in the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988).

2. Part V of the report form. Practical application. The Committee notes the comprehensive information transmitted with the Government’s report on labour inspections carried out and on significant problems detected by the labour inspectors in relation to the application of legislation designed to give effect to this Convention. In this respect, the Government indicates that, although there do not exist detailed statistical data, most cases of violation of law have been recorded with regard to women workers employed in industry and trade and regarding the employer’s non-compliance with the training requirement of workers engaged to carry out work involving the manual transport of loads. Another important problem concerns the manual transport in the framework of "casual work". The Committee, taking due note of the various legal measures taken as well as of the penalties imposed by the inspectors for violations of legal provisions, requests the Government to provide with its next report, information on additional measures taken or envisaged to deal with the specific problems occurred in order to strengthen the application of the Convention in practice. It also invites the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.

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