Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Poland (Ratification: 1995)

With reference to its observation, the Committee would like to raise the following additional points.

Articles 3(1)(a) and (b), 17 and 18 of the Convention Preventive control of new establishments and installations. Balance between preventive and enforcement activities of the labour inspectorate. The Committee notes that, following the amendments to the National Labour Code, the obligation of employers to obtain approval from a licensed occupational safety and health (OSH) expert for plans to construct or modify establishments has been abolished. It further notes the explanations provided by the Government, that following amendments to the 2007 Act of the national labour inspectorate (NLIA), labour inspectors are no longer entrusted with inspections concerning compliance with OSH laws and regulations in plans for the construction and modification of establishments (including their machinery or other technical equipment and technologies). However, the Committee understands that labour inspectors at the National Labour Inspectorate are still entrusted, as a specialized body for the control of machinery and equipment at workplaces in the process of controlling products that are put on the market or into operation.

The Committee notes the comments made by the Independent and Self-governing Trade Union “Solidarnosc” in their communication of 30 August 2012 expressing opposition to the above amendments and indicating that relevant inspections are still required. In this regard, the Committee notes that Solidarnosc refers to a large number of cases of non-compliance with OSH requirements, detected during inspections between January and August 2011 prior to the entry into force of the above provisions, which were carried out to ascertain the OSH situation was in compliance with plans to construct or reconstruct establishments, as approved by OSH experts.

While Solidarnosc indicates that, following the coming into force of the above provisions (i.e. August 2011), no relevant inspections have been carried out, the Government states that in 2013 inspections and follow-up inspections were conducted in relation to compliance with OSH in new establishments (in particular, facilities and work rooms, health and sanitary equipment, ventilation, heating and lighting, work posts and processes, machines and technical equipment, facilities and electrical installations). The Government further indicates that, despite the fact that employers are no longer required to obtain approval from a licensed OSH expert for plans to construct or modify establishments, where a positive opinion has been issued by an OSH expert, the relevant issues covered by this opinion are liable to inspection.

The Committee further notes the explanations of the Government that, following the amendments to sections 10(1)(7) and 37(a) in conjunction with section 33 of the NLIA, the preventive function of labour inspectors through the provision of advice and support has been strengthened, complementing their supervisory and enforcement functions. Under section 37(a) of the NLIA, a labour inspector may refrain from applying the legal measures contained in section 33 (that is improvement notices, prohibition orders, initiation of legal proceedings, etc.) and give verbal instructions on how to comply with the legal provisions in the case that an employer has just started an economic activity, and if the inspector has not identified an immediate threat to the health and safety of workers or a deliberate offence. Noting the statement made by the Government in its report that, in the above situation, labour inspectors are limited to providing oral instructions, the Committee recalls that Article 17(2) of the Convention provides that it hall be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings.

The Committee asks the Government to provide information on whether labour inspectors are still entrusted with controlling the execution of plans for new establishments, plant and processes of production for the purpose of securing the health and safety of the workers, and to describe how the duty of employers to comply with OSH laws and regulations therein is supervised by the labour inspectorate.

Please provide statistical information on the number of relevant inspection visits, violations detected and legal provisions to which they relate, as well as any relevant decisions taken (written or oral orders to remedy the violations detected, prohibition notices, etc.) and the penalties imposed. Please also provide information on the impact of the above changes on the number of industrial accidents and cases of occupational diseases.

The Committee also requests the Government to indicate the manner in which labour inspectors in practice exercise the discretion provided for under Article 17 of the Convention to give warning and advice instead of instituting or recommending proceedings, and to indicate the manner in which it is ensured that labour inspectors adopt the appropriate measures to achieve compliance with labour legislation and strike a reasonable balance between their educational and enforcement functions. Please also provide a copy of any relevant internal instructions in this regard.