Employee posting and OHS-related obligations

This article answers the following questions:

• What occupational health and safety conditions must a Polish employer ensure for an employee posted to work abroad?
• What occupational health and safety conditions must a foreign employer ensure for an employee posted to work in Poland?
• What occupational health and safety obligations does an employee posted to work in Poland have?

Posting an employee to work in another European Union country (or in Switzerland or in a country belonging to the European Economic Area) may be long-term or short-term. However, the exact working conditions that the employer should provide to the employee will depend on the period for which the employee was posted to work abroad. What does Polish labour law, and in particular health and safety regulations, say on this subject? And what obligations must the person posted to another country fulfill?

Working conditions of an employee posted from Poland to work abroad

Let us first look at the short-term posting of an employee to work abroad, i.e. a trip for a period not exceeding 12 months (which in some situations may be extended to 18 months). In such a situation, the employer is obliged to provide the employee with the same employment conditions as those that apply in the host country.

However, if working conditions in the host country are less favourable for the employee than in Poland, Polish regulations will apply.

In the case of long-term posting, i.e. exceeding the period of 12 (or 18) months, the regulations of the host country will always apply.

Occupational health and safety of an employee posted to work in Poland

The employer's provision of healthy and safe conditions in the workplace is intended to prevent accidents at work and protect the health and life of employees. In order to create an environment that complies with Polish health and safety regulations, the employer should, above all:

• ensure compliance with health and safety regulations and principles (including ordering and monitoring the removal of irregularities in this area),
• respond to the needs in the area of ensuring health and safety and adapt the measures taken to improve the existing level of protection of the health and life of employees,
• ensure the development of a coherent policy preventing accidents at work and occupational diseases,
• take into account and implement the principles concerning the protection of the health of minors, pregnant or breastfeeding employees and employees with disabilities,
• ensure the implementation of orders, requests, decisions and regulations issued by the bodies supervising working conditions, as well as recommendations of the social labour inspector.

In addition, any costs incurred by the employer that serve to fulfil their obligations in the area of ensuring healthy and safe working conditions cannot be burdensome to employees. The employer is also obliged to meet the OHS requirements for facilities and premises (by ensuring an appropriate standard of premises, machines, devices and work tools). The entity posting employees must also meet a number of additional OHS requirements in the case of work, e.g. with harmful materials, substances and chemical preparations that pose a threat to health or life.

Posting an employee to Poland and health and safety training and medical examinations

According to the regulations of the Labour Code, an employer who allows an employee to work in Poland is obliged to provide them with occupational health and safety training and periodic training in this area.

If the employee starts work in the same position that they held with the employer immediately before concluding another employment contract with them, training of the employee before allowing them to work is not required.

The employer also participates in the preventive health care of the employee. For this purpose, they apply measures to prevent occupational diseases and other diseases related to the work performed, and also sends employees for initial, periodic and control medical examinations.

Employee's obligations in the field of occupational health and safety

Does all this mean that occupational health and safety obligations lie solely with the employer? Of course not – compliance with occupational health and safety regulations and principles is one of the basic obligations of an employee working in Poland. Their obligations in this area include, among others:

• knowledge of occupational health and safety regulations, attending training courses and exams in this subject,
• performing work in a manner consistent with occupational health and safety principles,
• taking care of the condition of machines, devices, tools and equipment, as well as maintaining order and tidiness in the workplace,
• using collective and individual protective measures, using work clothing and footwear in accordance with their intended purpose,
• undergoing initial, periodic and control medical examinations,
• reporting an accident or a threat to human life or health, warning of potential danger,
• cooperating with the employer in the course of fulfilling occupational health and safety obligations.

The health and safety of posted workers is not the only problem faced by employers who send employees abroad

Managing human capital – especially in the case of cross-border activity – can be a big challenge, which is why many companies decide in such cases to use a comprehensive HR and payroll outsourcing service or ad hoc consultations in the field of labour law. Of course, one cannot forget that posting an employee abroad has specific tax consequences and may require the involvement of advisors who are well versed in such issues. 

If you want to know more – or have any doubts about your situation – write to us. RSM specialists will be happy to answer any questions and help you meet all obligations imposed by Polish and foreign regulations.