Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Nursing Personnel Convention, 1977 (No. 149) - Poland (Ratification: 1980)

Further to its previous comments the Committee notes with interest the information provided by the Government in its report on the adoption of Law No. 91 of 5 July 1996 and its later amendments on nursing and midwife professions' ruling qualifications and titles among other issues. It also notes the information of the Government on the adoption of several regulations related to matters covered by the Convention. The Committee will proceed to examine these texts in order to enable it to formulate, if necessary, any relevant comments on the manner in which they give effect to the provisions of the Convention.

In addition, the Committee notes the indication of the Government on the ratification of the European Agreement on training and education of nurses, stating that a three-year curriculum is planned to be experimentally introduced to start with the beginning of the new academic year in October 1999 in some schools.

The Committee also notes the information supplied by the Government in relation to the following provisions of the Convention.

Article 2, paragraph 2(b) of the Convention (in conjunction with Part V of the report form). The Committee takes note of the indication of the Government that particulars on workers of the private sector will be available in 2000. It also takes note that article 133 of the Labour Code provides that overtime working cannot exceed 150 hours, and that article 143 provides that the employee is entitled to exchange additional payment for overtime working for leisure time. It also notes the indication that, according to national legal provisions, the person or organization who sets up the health-care institution should control the compliance of it with the provisions of the labour law; and additionally, this legislation, including the safety and hygiene of work, is entrusted to the State Labour Inspectorate.

Article 2, paragraph 3. The Committee takes note of the information provided by the Government that the representatives of the employers' and workers' organizations are associated with the development of the programmes of courses. It also notes the information that the Centre of Postgraduate Education of Nurses and Midwives has been established at a national level to ensure a proper coordination of activities to prepare the general curricula for the several forms of the postgraduate education. The Committee observes that no response is given with the Government's report to its previous request on the extent to which the employers' and workers' organizations concerned have been associated with the formulation of a policy for nursing services and nursing personnel. It hopes once more than the Government will provide relevant information on this matter with its next report.

Article 7. The Committee notes the information supplied by the Government on the following points:

-- the adoption of the regulation of the Ministry of Health and Social Welfare of 30 May 1996 concerning medical examinations and the range of prophylactic health care for employees;

-- the launching and introduction of the "National Programme of Preventing HIV Infections and Nursing HIV and AIDS Patients" by the Ministry of Health and Social Welfare;

-- the elaboration of a document entitled "The preventive and diagnostic actions in case of an HIV infection and AIDS disease" after consultations with the employers' and workers' organizations concerned, which sets forth the prophylactic measures of the health department and contains the patterns of standards of conduct in the occupational work of nurses and midwives belonging to the medical staff group at high risk of exposure to HIV infection;

-- the publication of the handbook entitled "AIDS -- How to reduce the risk of HIV infection in the nursing practice" for raising the level of education of nurses and midwives;

-- the organization all over the country of several training courses for nurses and midwives within the scope of prevention of HIV/AIDS and post-exposure procedures.

In addition, the Committee takes note of the information contained in the Government's report according to which HIV infection could be recognized as an occupational disease, on proving that the HIV infection has been acquired at the workplace during occupational activities. Finally, the Committee notes the indication of the Government that the sanitary inspection bodies are in charge of taking the necessary remedial measures in cases of contraventions to the hygienic and health legal requirements.

The Committee requests the Government to continue to provide further information about other measures taken on this subject.