Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government, in its report in response to its previous request, concerning: Article 14 of the Convention, on workers who can no longer perform work involving exposure to ionizing radiations; and Article 15 on inspection services.

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

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. The Committee previously noted that, pursuant to section 19(1) of the Atomic Law, in special cases, excluding radiological emergencies, radiation workers may willingly and with the consent of the President of the National Atomic Energy Agency, receive doses exceeding dose limit values, if this is necessary to perform a specified task.

The Committee notes the information provided by the Government in its report that there has not been any requests made for consent regarding the planned exceeding of the dose limits. However, it also notes the Government’s indication that between 2009 and 2013, 28 workers were subject to effective annual doses of between 20 and 50 mSv, and two workers were subject to an annual effective dose of more than 50 mSv. Recalling that under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge, the Committee wishes to draw the Government’s attention to paragraph 32 of its general observation, in which it noted that the dose limits recommended for occupational exposure are 20 mSv per year averaged over defined five-year periods, with a maximum of 50 mSv effective dose in any one year. The Committee requests the Government to provide information on the measures it is taking to review the maximum permissible doses established, in light of current knowledge, as well as the steps taken to ensure that these limits are applied in practice in order to provide effective protection for workers.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Independent Self-Governing Trade Union (Solidarnosc) received on 3 September 2014.

Article 3 of the Convention. Occupational health services for all workers and sectors. The Committee notes that in its observations, Solidarnosc indicates that while under the Decree of the Ministry of Health on preventive occupational health care on demand (21 June 2010), preventive occupational health care includes – at the request of the interested worker – self-employed persons and their co-operators, persons working outside of employment relations, farmers and their families and members of farming cooperatives, as well as retired workers. However, the lack of monitoring of the number of persons who request such preventive occupational health care makes it difficult to determine whether the national policy on occupational health services is effectively implemented for these persons. The Committee invites the Government to provide its comments on the concerns raised by Solidarnosc in respect of the monitoring of the number of persons who request preventive occupational health care under the Decree on preventive occupational health care on demand, and it requests the Government to provide a copy of this Decree, if possible in one of the working languages of the ILO.

Labour inspections and statistical information. Application of the Convention in practice. The Committee notes the detailed statistical data provided in the Government’s report, particularly with regard to the number of inspections carried out, which went from 2,751 in 2012 to 3,183 in 2013, and on the nature and number of violations committed by employers with regard to initial, periodical and control examinations of workers. The Committee also notes that in its observations, Solidarnosc expresses concern relating to the fact that the number of companies and workplaces visited by physicians with regard to occupational health care has been systematically decreasing for a number of years. The Committee invites the Government to provide its comments on the concerns expressed by Solidarnosc in respect of the number of workplaces visited by physicians. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including statistical data, as available, on the number of workers covered by occupational health services and the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation and other measures of application. The Committee notes the Government’s indication that numerous legislative instruments have been adopted since its last report, including the Act of 25 February 2011 on chemical substances and their mixtures; the Regulation of the Minister of Health of 10 August 2012 concerning the criteria and classification of chemical substances and their mixtures (as amended in December 2013); the Regulation of the Minister of Health of 20 April 2012 on labelling of dangerous substances and dangerous mixtures, and certain mixtures (as amended on 23 January 2014); and the Regulation of the Minister of Economy of 29 January 2013 on restrictions on production, marketing and use of dangerous substances and mixtures or creating danger and the marketing or use of products containing such substances or mixtures. Furthermore, the Committee welcomes the information that numerous actions were undertaken in relation to the application of the Convention as a result of the completion of the first two phases of the multiannual program “Improving the safety and working conditions” (2008–10 and 2011–13), namely: the establishment of standards in the field of chemical agents in the work environment and the verification of existing standards; the development of methods and tools for the prevention and reduction of occupational risks related to the presence of chemical agents in the work environment; and the improvement of the system of occupational safety and health promotion and information. It also notes that the “ChemPyl” database, developed by the Central Institute for Labour Protection, was established as a tool to help manage the risk related to chemicals present at workplaces. The Committee requests the Government to continue to provide information on legislative and other measures undertaken with regards to the application of the Convention.

Articles 10–15 of the Convention. Responsibilities of employers. Application of the Convention in practice. The Committee notes that according to the detailed statistical data, and the analysis thereof, submitted by the Government on the practical application of Articles 10–15 of the Convention, the National Labour Inspectorate continues to detect a significant number of violations of the aforementioned provisions in workplaces, particularly with regard to: the maintenance of safety data sheets in workplaces (Article 10(4)); the transfer of chemicals into other containers or equipment (Article 11); the identification by employers of hazardous agents present in the workplace which require testing or measurement (Article 12); the provision and adequate maintenance of personal protective equipment by employers (Article 13); the adequate storage and disposal of wastes of hazardous chemicals (Article 14); and the provision of information and training on hazards associated with chemicals at the workplace (Article 15). The Committee requests the Government to provide further information on the measures taken to improve workplace compliance with Articles 10–15 of the Convention, including as a result of the violations detected. It also requests the Government to continue to provide relevant statistical information, including on the number of workers covered by the Convention, the number and nature of the contraventions reported and the resulting action taken, the number of occupational accidents and diseases reported, and so forth.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the information provided in the Government’s report according to which numerous legislative changes have occurred since its last report, including the adoption of the Geological and Mining Law of 9 June 2011 (hereinafter the “GML”), which gives effect to Article 7(b) of the Convention and replaces the Geological and Mining Law of 4 February 1994; the adoption of the Regulation of the Minister of Economy of 8 April 2013 on the detailed requirements concerning the conduct of operations of open-pit mining plants (hereinafter the “Regulation on open-pit mining”), which implements the provisions of European Council directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries and gives effect to Articles 7(e) and 13(2)(d) of the Convention. It also notes that a Regulation of the Ministry of Economy on issues related to the operation of underground mining plants (hereinafter the “Regulation on underground mining”), which will implement the relevant provisions of European Council directive 92/104/EEC, is currently being drafted. The Committee further notes the renewal, on 26 February 2013, of the agreement between the National Labour Inspectorate and the President of the State Mining Authority with regard to cooperation when carrying out control and supervision of compliance with provisions and rules on occupational safety and health in mines. The Committee requests the Government to continue to provide information on legislative measures undertaken with regards to the application of the Convention and to provide a copy of the Regulation on underground mining once it has been adopted, if possible in one of the working languages of the ILO.

Article 13(2)(c) and (f) of the Convention. Right of safety and health representatives to have recourse to advisers and independent experts; and to receive notice of accidents and dangerous occurrences relevant to the area for which they have been selected. The Committee notes the Government’s indication, in relation to paragraph 2(c), according to which article 29(1) of the Act of 23 May 1991 on Trade Unions provides that a trade union can apply to the employer for the conduct of relevant tests in cases where the occurrence of a hazard to the life or health of employees is reasonably suspected, and that in the event of a refusal, the trade union can conduct these tests at the employers’ expense. With regard to paragraph 2(f), the Committee notes that pursuant to article 119(4) of the GML and section 22(1) of the Regulation on open-pit mining, the management of a mining plant shall notify the competent mining supervisory authority of any fatal, serious or collective accident, natural deaths and any dangerous occurrences related to the mining plant operations which pose a threat to the life, health or general safety of workers or the public. However, the Committee notes that no information is provided with regard to the right of safety and health representatives to receive, relevant to the area for which they have been selected, notice of accidents and dangerous occurrences. The Committee therefore requests the Government to provide information on the legislative provisions providing safety and health workers’ representatives, in all enterprises, with the right to receive notice of accidents and dangerous occurrences relevant to the area for which they have been selected.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that due to the increase of the number of accidents in the mining industry caused by human errors, the State Mining Authority has performed various actions aimed at popularizing knowledge of hazards which cause occupational accidents and diseases, as well as the methods of counteracting these measures. It also notes the statistical data gathered in the course of control operations carried out in mining and quarrying plants by the State Labour Inspectorate during the reporting period. The Committee requests the Government to continue to provide information on the application of the Convention in practice, as well as updated statistical data on the number of workers covered by the measures giving effect to the Convention, disaggregated by gender if possible, and the number of inspections and infringements reported.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes from the Government’s report and the attached regulation, that the Minister of Economy issued the Regulation of 13 June 2011 amending the Regulation of the Minister of Economy on the basic requirements for machines (Dz.U. No. 124, item 701) implementing into Polish law Directive 2009/127/EC of the European Parliament and of the Council with regard to machinery for pesticide application. The Committee requests the Government to continue to provide information on legislative measures undertaken with regards to the application of the Convention.

Article 15 of the Convention. Inspection. The Committee notes from the information in the Government’s report that the National Labour Inspectorate runs audits with respect to safety and health protection at the time of the operation of machines and acts as the market supervisors auditing the products. The Committee notes the number of machines and technical devices of different categories, selected on the basis of risks related to their operation, assessed by the National Labour Inspectorate between 2009 and 2013 and the high proportion of which were non-conforming, failing to comply with fundamental requirements. The Committee notes that the disclosed inconsistencies were cases of structural and equipment defects leading to a failure to keep the required safety distance, improper selection of protective devices on the machinery and lack of information and warnings affecting safety and maintenance. The Committee further notes the Government’s statement that the vast majority of inconsistences were corrected voluntarily by the responsible entities further to receiving information about the confirmed non-conformities by the National Labour Inspectorate. The Committee requests the Government to provide information on the appropriate penalties provided to ensure the effective enforcement of the Convention. It also asks the Government to continue to provide information on the number of inspections undertaken and the number and nature of the contraventions reported as a result of these inspections.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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. The Committee notes the detailed information provided in the Government’s report on the number of audits in the construction industry between 1 July 2009 and 31 December 2013, as well as the detailed statistical information disaggregated by number of employees per undertaking, gender and gravity of injuries with regard to accidents at work. The Committee notes the indication by the Government that the largest number of audits conducted, and the largest number of decisions issued by labour inspectors requiring an adjustment of actual conditions in order to be aligned with the requirements of national regulations, concerned plants employing from one to nine workers. The Government explains that one of the reasons for that is the important number of small companies on construction sites and the decrease in the number of large companies. It also notes that the three most commonly occurring irregularities noted in decisions by the labour inspectorate concerned works on scaffolds, works performed at height and lack of fencing and marking of hazardous zones. The Committee further notes from the Government’s report that there was a decrease in the number of accidents in the construction sector between 2008 and 2012. The Committee requests the Government to continue to provide information relating to the number and classification of accidents in relation to the Convention as well as a general appreciation of the manner in which the Convention is applied in the country in practice.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s detailed report indicating amendments and new laws introduced during the reporting period, and the adoption, by the State Mining Authority, of two strategies aiming to increase safety in supervised mines. The Committee also notes the recent agreement between the National Labour Inspectorate and the President of the State Mining Authority with regard to cooperation when carrying out control and supervision of compliance with provisions and rules on occupational safety and health in mines. The Committee notes the Government’s response that pursuant to sections 237^11a to 237^13a of the Labour Code, and in accordance with Article 52(f) of the Convention, employers shall consult with employees or their representatives on any actions related to safety and health at work, and the recent adoption of Ordinance No. 12 by the President of the State Mining Authority of 29 April 2009 giving effect to Article 10(d).

Article 6, subparagraph (b), and Article 7, subparagraphs (b), (e) and (g). Employers’ obligations to eliminate or minimize risks. The Committee notes the Government’s response indicating legislative provisions ensuring the obligation of the employer to comply with Article 6(b), with regard to controlling the risk at source, and the obligation to draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers, as required in Article 7(g). The Committee asks the Government to provide further information on the legislative provisions in place requiring the employer to ensure that the mine is commissioned, operated, maintained and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons (Article 7(b)), and ensure the monitoring, assessment and regular inspection of the working environment to identify the various hazards to which the workers may be exposed and to assess their level of exposure (Article 7(e)).

Article 13, paragraph 2(c), (d) and (f). Rights of safety and health representatives. The Committee notes that an employer of more than 250 workers is obliged to appoint a safety and health committee, composed of representatives of the employer; safety and health officers; a physician responsible for preventative health care; employee representatives; and a social labour inspector, and that this committee shall have access to analyses and opinions of external specialists, when agreed upon by the employer, and provide the employer with consultation on measures undertaken to prevent accidents at work and occupational diseases. The Committee requests the Government to indicate legislative provisions providing workers’ representatives, in all enterprises, including those with less than 250 employees, with the right to have recourse to advisers and independent experts; to consult with the employer in a timely fashion on safety and health matters; and to receive notice of accidents and dangerous occurrences.

Part V of the report form. Application in practice. The Committee notes the statistical data provided in the Government’s report gathered during monitoring activities carried out in mining plants by the State Labour Inspectorate during the reporting period. The Committee notes that there was a substantial decline in 2008 of the number of incidents in the mining sector. The Committee asks the Government to continue to provide information on the application of the Convention in practice, as well as updated statistical data on the number of workers covered by the measures giving effect to the Convention, disaggregated by gender if available, and the number of inspections and infringements reported.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the detailed information contained in the Government’s report, and the attached legislation, indicating recent amendments to legislation giving further effect to the Convention, including the Ordinance of the Council of Ministers of 18 January 2005 on ionizing radiation dose limits (Journal of Law, No. 20, item 168) supplemented by a table in the Annex to the Ordinance containing values of conversion factors for determining effective doses of noble gases exposure for adults, and the Ordinance of the Council of Ministers of 24 August 2004 upholding the ban on juveniles performing work exposing them to ionizing radiation at the level exceeding the dose limits laid down by the provisions of the Atomic Law.

Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Dose limits for occupational exposure. With reference to the Committee’s comment on exposure exceeding dose limit values in special cases, as allowed by section 19(1) of the Atomic Law Act 2000, the Committee notes the Government’s indication that no applications of this provision were registered in the territory of Poland in the current reporting period. The Committee notes the Government’s response indicating that, in theory, section 19 could be applied in a situation where an employer predicted that workers carrying out particularly complicated assignments might be exposed to radiation exceeding the dose limits. The Committee asks the Government to keep it informed of any situations or special cases which justify extensive exposure of workers on the grounds of section 18(1) of the Atomic Law.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the Government’s response to the Committee’s comments that pursuant to sections 230 and 231 of the Labour Code, where symptoms of an occupational disease are detected in an employee, the employer shall be obliged, on the basis of a medical certificate, to transfer the employee to a job not exposing them to the factor which has caused the symptoms, and that where the transfer to another job results in a reduction of remuneration, the employee shall be entitled to a compensatory allowance for a period not exceeding six months. The Government has also indicated the availability of benefits under the Act of 30 October 2002 on social insurance against accidents at work and occupational diseases. The Committee asks the Government to provide further information on the measures in place to cover workers transferred, pursuant to sections 230 and 231 of the Labour Code, to another job, resulting in a reduction of remuneration, after the compensatory allowance period has been exceeded. The Committee, with reference to its request, refers the Government to paragraph 32 of its 1992 general observation under the Convention.

Article 15 and Part V of the report form. Application in practice. The Committee notes the Government’s response indicating that nuclear regulatory authorities control all entities, not only in the health-care sector, that are involved in activities resulting in potential exposure to the level of ionizing radiation which must be authorized by or communicated to the President of the National Atomic Energy Agency. The Committee also notes that approximately 850 entities are subject to inspection every year, and that section 123 of the Atomic Law Act has contributed to the increased awareness of the issue of non-compliance with dose limits. The Committee notes the detailed statistical information provided in the Government’s report, including results of the supervision executed by the State Sanitary Inspectorate in terms of radiation hygiene which found that the most frequent irregularities in terms of protection against ionizing radiation were the lack of a quality management system, improper documentation and lack of health and safety at work training. The Committee asks the Government to provide information, in its next report, on measures taken to address these identified irregularities and to continue to provide detailed information on labour inspections and statistical information on the number of exposure cases registered, disaggregated by gender, if available.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided in the Government’s latest report, and the attached documents, indicating recent amendments to legislation giving further effect to the Convention, including the Ordinance of the Minister of Economy of 20 December 2005 on fundamental requirements for machinery and safety features (Journal of Law of 2005, No. 259, item 2170) and the Ordinance of the Minister of Economy of 8 December 2005 on fundamental requirements for lifts and their safety features (Journal of Law of 2005, No. 263, item 2198). The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 15 of the Convention. Inspection. The Committee notes the information provided by the Government in its report with regard to the inspection of new machinery and technical devices installed and utilized in establishments. It notes that a high number of machines inspected failed to comply with fundamental requirements. The Committee invites the Government to indicate measures taken to address the difficulties in ensuring compliance with the Convention and to continue to provide information on the number of inspections undertaken and the number and nature of the contraventions reported as a result of these inspections.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided in the Government’s latest report, and the attached documents, indicating recent amendments to legislation giving further effect to the Convention, including the amendment to the Act of 7 July 1994 – Construction Law (Journal of Law of 2006, No 156, item 1118) requiring construction managers to draw up a safety and health protection plan on the basis of information provided by the designer. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

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. The Committee notes with interest the detailed statistical information provided by the Government regarding accidents at work, disaggregated by gender and sector, and notes that, although there was an increase in the number of accidents at work in all sectors between 2003 and 2004, the number of accidents in the construction sector decreased during that period. The Committee invites the Government to continue to provide information relating to the number and classification of accidents within the scope of the Convention.

The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises this Convention and which may be better suited to the current situation in the building industry. It reminds the Government that the ILO Governing Body invited States parties to this Convention to examine the possibility of ratifying the Safety and Health in Construction Convention, 1988 (No. 167), the ratification of which implies ipso jure immediate denunciation of Convention No. 62 (document GB.268/8/2). The Committee requests the Government to keep it informed of any developments in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the detailed information contained in the Government’s report, and the attached legislation, indicating the numerous amendments to legislation which give further effect to the Convention, including the Act on the National Labour Inspectorate of 1 July 2007 (Journal of Law, No. 89, item 589), providing labour inspectors with new legal measures allowing the issue of an order to cease the operation of machines and equipment when their operation poses immediate hazard to human life or health and the Ordinances of the Minister of Labour and Social Policy of 30 August 2007 and 16 June 2009.

Article 11, paragraphs 3 and 4. Alternative employment and the rights of workers under social security or social insurance legislation. The Committee notes the Government’s response to the Committee’s comments that, pursuant to sections 230 and 231 of the Labour Code, where symptoms of an occupational disease are detected in an employee, the employer shall be obliged, on the basis of a medical certificate, to transfer the employee to a job not exposing him to the factor which has caused the symptoms, and that where the transfer to another job results in a reduction of remuneration, the employee shall be entitled to a compensatory allowance for a period not exceeding six months. The Government has also referred to the availability of benefits under the Act of 30 October 2002 on social insurance against accidents at work and occupational diseases. The Committee asks the Government to provide further information on the measures taken to cover workers transferred, pursuant to sections 230 and 231 of the Labour Code, to another job, resulting in a reduction of remuneration, after the compensatory allowance period has been exceeded. The Committee also reiterates its request for the Government to indicate measures taken to ensure that the rights of transferred workers under social security or social insurance legislation are not adversely affected.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s latest report, and the legal texts adopted, which continue to give further effect to the provisions of the Convention, in particular the amendments to the Act on Occupational Health Service, providing additional specification of occupational health services tasks and sanctions with the aim to make employers actively improve working conditions through occupational risk-reducing measures. With reference to its previous comment, the Committee notes the Government’s response giving effect to Article 12 of the Convention. The Committee also notes the observations by the Independent Self-Governing Trade Union (Solidarnosc) transmitted to the Government on 31 August 2009 in which Solidarnosc indicates that an amended Labour Code and several other acts came into force on 2 July 2009 as a result of a Constitutional Tribunal sentence from 19 June 2008. These amendments appear to give further effect to the Convention and include changes to the definition of occupational illness; the obligation to preserve the documents on accidents at work for ten years; and the obligation to inform the state sanitary inspector and regional labour inspector of any suspicion of occupational illness. The Committee asks the Government to continue to communicate information on any new legislative or other measures affecting the application of the Convention.

Part VI of the report form. Labour inspections and statistical information. The Committee notes that the Government’s latest report does not include information on the application of the Convention in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, such as summaries of inspection reports and statistical information, including data on the number of workers covered, disaggregated by gender, if possible, and the number and nature of contraventions reported.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with interest the comprehensive information provided in the Government’s report, and the attached legislation, which give effect to virtually all provisions of the Convention. The Committee notes particularly the detailed statistical data and the analysis thereof submitted by the Government on the application of, in particular, Articles 10–15 of the Convention. This information enables the Committee to have a more detailed appreciation of how the Convention is applied in practice. The Committee invites the Government to pursue its efforts to collect and analyse relevant statistical data in this manner.

Article 6, paragraph 4 of the Convention. Progressive extension of classification systems and their application. The Committee notes that the Government’s report did not contain any information on the application of this provision. The Committee asks the Government to indicate measures undertaken or envisaged to progressively extend the classification systems and their application.

Article 10, paragraph 4. Employers shall maintain a record of hazardous chemicals. The Committee notes the information on the application in practice of this Article, which indicates that the lack of valid safety data sheets for chemical substances and preparations at workplaces was identified more frequently in 2008 than in the previous year, with 49 per cent of inspected employers not possessing a valid register of hazardous substances used in the workplace. The Committee asks the Government to provide further information on measures taken to address the lack of valid safety data sheets in workplaces.

Article 11. Transfer of chemicals. The Committee notes the information provided by the Government indicating that in more than half of the inspected workplaces, the process for transferring chemical substances and preparations into smaller containers did not allow for the identification of them and their associated hazards. The irregularities in this regard related to 18 per cent of containers and equipment in the workplace, which were inspected in 2008. Inappropriately labelled gas pipelines for transferring hazardous chemicals were found in 55 per cent of the inspected workplaces. The Committee asks the Government to provide further information on the measures taken to address the inconsistency in workplaces with regard to the transfer of chemicals into other containers or equipment.

Article 12. Exposure. The Committee notes the information indicating that in 2008, 34 per cent of inspected employers, whose workers were exposed to hazardous chemicals, and who measured these chemicals, did not possess the required documentation (a register and measurement sheets), whereas in 4 per cent of workplaces the threshold limit value was exceeded. The Committee asks the Government to provide further information on measures taken to address the high number of employers who omit to identify hazardous agents present in workplaces, which require testing or measurement.

Article 13. Operational control. The Committee notes the information that in 2008, as in the previous year, a lack of documented risk assessment was found in every fifth inspected workplace using chemicals, and that in one third of inspected workplaces the employers did not provide workers with personal protective equipment in workstations where such protection is required. Furthermore, there was a significant rise in the cases of inspected employers not ensuring the washing of protective or work clothes soiled by chemicals. The Committee asks the Government to provide further information on measures taken to address the abovementioned issues on employer obligations with regard to risk management on the use of chemicals at work.

Article 14. Disposal of waste. The Committee notes the information indicating that inspections carried out in 2007–08, in over 200 workplaces, revealed irregularities related to, among other things, the storage and disposal of waste containers after using hazardous chemical substances and preparations. The Committee asks the Government to provide further information on measures taken to address the irregularities with regard to disposal of wastes of hazardous chemicals.

Article 15. Information and training. The Committee notes the information indicating that almost half of the controlled employers in 2008 did not provide workers with necessary information about the hazards associated with dangerous chemicals. In particular, people from outside the workplace, for example companies offering renovation and maintenance services at the workplace, suppliers, receivers, etc. were insufficiently informed about chemical hazards. Moreover, employees were not instructed on how to behave in emergency situations. The Committee notes the information by the Government indicating measures taken to eliminate the abovementioned irregularities, including the issuing, by labour inspectors, of appropriate decisions and recommendations, provided for in the legal provisions. The Committee asks the Government to continue to provide information on measures taken to address the irregularities with regard to information and training on hazards associated with chemicals at the workplace.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its first report.

2. Article 11, paragraph 4. The rights of workers under social security social insurance legislation. The Committee notes that the Government’s report contains no information on measures ensuring that the abovementioned rights of workers shall not be adversely affected. The Government is requested to indicate measures allowing workers to keep their rights under social security or social insurance.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes with interest the comprehensive information contained in the Government’s first report. It would like to draw the Government’s attention to the following points.

2. Article 12 of the Convention. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that the Government’s report does not seem to include any information concerning the surveillance of workers’ health should involve no loss of earnings from them, and should take place as far as possible during working hours. Therefore, the Committee requests the Government to indicate how effect is given to this provision of the Convention.

3. Part VI of the report form. Labour inspections and statistical information. The Committee notes the information contained in the Government’s report according to which in 2004, the “Voivodship” occupational health centres conducted 4,565 controls of primary units of the occupational health service. It notes an increase of 2.82 per cent compared to 2003. It also notes that 641 recommendations (less by 45 per cent compared to 2003) were formulated by virtue of section 18 of the Law on occupational health service. The Committee requests the Government to continue to follow up the labour inspection, and provide a general appreciation of the manner in which the Convention is applied, such as summaries of inspection reports and statistical information, including data on the number of workers covered, disaggregated by gender, if possible, and the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the Government’s comprehensive report. It requests the Government to provide in its next report supplementary information on the following points:

-  Article 5, paragraph 2(f), of the Convention - information on effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters of the safety and health at the workplace and to participate in measures relating to them;

-  Article 6, subparagraph (b) - the measures ensuring the control of the risk at source;

-  Article 7, subparagraphs (b), (e), (g) - information on measures establishing employers’ obligations to ensure that the mine is commissioned, operated, maintained and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons; measures ensuring the monitoring, assessment and regular inspection of the working environment to identify the various hazards to which the workers may be exposed and to assess their level of exposure; measures to draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards;

-  Article 10, subparagraph (d) - the legislative or practical measures and procedures to investigate dangerous occurrences;

-  Article 13, paragraph 2(c), (d) and (f) - information related to the workers’ representatives’ rights to have recourse to advisers and independent experts; to consult with the employer in a timely fashion on safety and health matters; to receive notice of accidents and dangerous occurrences.

2. Part V of the report form. Information on practical application of the Convention. The Committee requests the Government to communicate with its next report information on the manner in which the Convention is applied in practice supplying extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex if available, the number and nature of infringements reported, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information supplied by the Government in its report.

Article 6. Statistical information relating to the number and classification of accidents occurring to persons occupied on work within the scope of the Convention. The Committee takes note with interest of the detailed statistical data on Accidents at Work in 2002 as well as statistical information published in leaflets named "Labour Market monitoring" and containing data on accidents occurred in 2003 and in the first quarter of 2004. The Committee notes the Government’s reference, in its reply to the Committee’s previous comments, to the publication of final data for 2003 (in October 2004) and for 2004 (in October 2005). It requests the Government to communicate with its next report a copy of these documents. The Committee also notes that the Central Statistical Office submits every year to the ILO statistics relating to the number of accidents in construction published in the "Yearbook of Labour Statistics". The Committee hopes that the Government will supply with its next report a copy of such information.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report and the information supplied in response to its previous comments. It notes with interest the adoption of the Atomic Law of 29 November 2000, as amended by the Law of 12 March 2004 which appears to reflect the main principles of radiation protection, as well as the executive acts issued in application of the Atomic Law. The Committee wishes to draw the Government’s attention to the following points.

1. Article 3, and Article 6, paragraph 1 of the Convention. Dose limits for occupational exposure. The Committee notes article 25 of the Atomic Law 2000 as amended, empowering the Council of Ministers to establish by means of regulations, dose limits for exposure to ionizing radiation of the different categories of workers including the general public. In this respect, it notes the Ordinance of 28 May 2002 issued by the Council of Ministers which sets forth dose limits for workers’ exposure to ionizing radiation. Given that the text of the abovementioned Ordinance is not available to the Committee, it is not in a position to assess the extent to which the dose limits established under the Ordinance ensure effective protection of workers in the light of the current knowledge, as embodied in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). However, the Committee notes the Government’s indication that the amendments to the Atomic Law and the adoption of its implementing ordinances have taken place in the framework of the country’s accession to the EU and hence to align the national legislation with the provisions contained in the European Council Directive 96/29 Euratom. While the dose limits set forth by the latter correspond to the dose limits recommended by the ICRP, the Committee would believe that the dose limits adopted through the Council of Minister’s Ordinance of 28 May 2002 would reflect the 1990 Recommendations of the ICRP, and thus would give effect to Article 3, and Article 6, paragraph 1, of the Convention. Nevertheless, the Government is requested to supply a copy of the above Ordinance for further examination. The Committee further notes the provision of article 19, paragraph 1, of the Atomic Law prescribing that in special cases, excluding radiological emergencies, workers classified as category A workers pursuant to article 18 of the Atomic Law, may willingly and with the consent of the President of the National Atomic Energy Agency, receive doses exceeding dose limit values, if this is necessary to perform a specified task. However, by virtue of article 18, paragraph 2, of the Atomic Law, exposure referred to in paragraph 1, are prohibited for apprentices, students and female pregnant and breastfeeding workers, if the exposure involves a probability of their radioactive contamination. It appears to the Committee that article 18, paragraph 1, of the Atomic Act carries the risk to undermine the protection of workers provided through the adoption of dose limits for exposure to ionizing radiations. The Committee accordingly requests the Government to specify the situations or special cases, which would justify extensive exposure of workers on the grounds of article 18, paragraph 1, of the Atomic Law. It further requests the Government to indicate whether recourse yet has been made to article 18, paragraph 1, of the Atomic Act and, if that is the case, to supply information about the circumstances justifying the reception of radiation exceeding the established dose limits.

2. Article 13. Exposure in emergency situations. The Committee notes with interest the provisions of article 20 of the Atomic Law reflecting the main principles of radiation protection in the case of workers’ exposure following an emergency, as specified by the Committee in its conclusions under item 35(c)(iii) of the 1992 general observation under the Convention and under paragraphs V. 27 to V. 31 of the 1994 International Basic Safety Standards.

3. Article 14. Alternative employment. The Committee notes article 31, paragraph 1, of the Atomic Law, providing for obligatory medical examination of workers in the case of proven excess of any of the dose limits established under the Council of Ministers Ordinance of 28 May 2002. Article 31, paragraph 2 of the same Law stipulates that further work involving occupational exposure requires the consent of the medical practitioner. In the event the authorized medical practitioner refuses to allow further work involving exposure to ionizing radiations, article 31, paragraph 3, of the Atomic Law refers to the respective provisions of the Labour Code. The Committee takes note of article 230, paragraph 1, of Labour Code, 1997, obliging the employer to transfer the employee in whom symptoms of an occupational disease are detected, at a time and for a period indicated in the medical certificate, to another job where the employee is not exposed to the factor which has caused the symptoms of the occupational disease. Similarly, article 231 of the Labour Code obliges the employer to transfer an employee to another suitable job who has become unable to carry out the work for which he or she is engaged due to an occupational accident or occupational disease. Pursuant to article 230, paragraph 2, of the Labour Code, the employee concerned is entitled, in both cases, to a compensatory allowance for a period not exceeding six months if the transfer to another job results in a reduction of remuneration. With regard to this limitation in time of worker’s entitlement to allowances the Committee would draw the Government’s attention to paragraph 32 of the Committee’s 1992 general observation under the Convention, indicating that every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is inadvisable from the medical point of view. The Committee believes that the restricted entitlement to allowances to be paid in the case that the job to which the worker concerned is transferred is less remunerated would contravene the above principle. In this context, the Committee recalls that for the purpose of Article 3, paragraph 1, of the Convention, the Government is required to take all appropriate steps, in the light of knowledge available at that time, to ensure effective protection of workers as regards their health and safety against ionizing radiations. However, under the current national legislation, workers whose continued exposure to ionizing radiations is medically contraindicated may be faced with the dilemma that saving their health means, in the long term, losing a part of their prior salary, which would thus have a strong incentive to neglect their health in order to preserve their salary. The Committee feels that the above considerations of the consequences of article 31, paragraph 3, of the Atomic Law in conjunction with articles 230 and 231 of the Labour Code, seem to be endorsed by the provision of article 20, paragraph 6, of the Atomic Law prescribing that persons intervening in an emergency and who have received the doses established for emergencies shall not be withdrawn from further employment in exposure conditions nor transferred to another position against their will. The Committee accordingly requests the Government to review the legislation on this matter in light of the above indications.

4. Article 15 in conjunction with Part V of the report form. Practical application. The Committee notes article 123 of the Atomic Law prescribing the fines applicable in the event of violation of the provisions concerning nuclear safety and radiological protection. Article 123, paragraph 2, of the Atomic Law, in particular, provides for an amount of a fine to be imposed on the nuclear facility employee who does not notify his supervisor or the regulatory body of the event or the condition which may cause a threat to nuclear safety or radiological protection. The amount of the fine is twice the average monthly pay in the national economy, calculated for the year prior to the occurrence of the violation and published by the President of the Central Statistical Office. With regard to the practical application of the legal texts designed to give effect to the Convention, the Government refers to the inspections carried out by the National Labour Inspection in the years 2001-03 in chosen health-care institutions. The Government indicates that the results of the inspections show violations of mainly organizational nature, i.e. cases related to non-observance of dose limits, employment of female pregnant or breastfeeding women in work involving exposure to radiations, exposure of workers in emergencies, and occupational diseases caused by radiation. The Committee, while noting the serious character of the infractions stated by the inspectors, requests the Government to indicate whether the fines imposed at these occasions, by virtue of article 123 of the Atomic Law, have led to a better application of the legislation in the establishments inspected. It further requests the Government to indicate whether, and, if so, to what extent, other establishments where workers are exposed to ionizing radiations in the course of their work and which do not belong to the health care sector, have been inspected.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report and of the legislation adopted recently, which continues to give effect to the provisions of the Convention.

Article 15 of the Convention. Inspection. The Committee notes with interest the introduction, in 2003, of a new provision to Article 8of the Law on the National Labour Inspection of 6 March 1981, expanding the scope of activities of the National Labour Inspection, which is hence entitled to carry out inspections of new machines placed on the market. It further notes that, following Poland’s membership in the European Union, the Law on Compliance Assessment System of 30 August 2002, was adopted, which provides for a system of supervision over products placed on the market taking into consideration the provisions contained in this Convention. The Committee, taking due note of this information, invites the Government to communicate, with its next report, information on the practical application of the above legislation in the country.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report.

Articles 4 and 6 of the Convention and Part V of the report form. The Committee recalls that by virtue of these provisions each Member which ratifies the Convention undertakes to communicate with its reports the latest statistical information relating to the number and classification of accidents occurring to persons occupied on work within the scope of the Convention and that, in accordance with the report form on the Convention, governments are requested to give as detailed information as possible respecting the number of persons occupied in the building industry and covered by the statistics. The Committee draws the Government’s attention to the fact that for a number of years the Committee has noted that the Government’s report does not include such statistics. The Committee therefore requests the Government to supply in its next report statistical information to enable it to appreciate the application of the provisions of the Convention in practice.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information supplied by the Government’s report in response to its comments. It notes with interest the Government’s indication that the draft Atomic Law has been discussed at the occasion of its first reading in Parliament and subsequently has been sent to a subcommission for further work. As to the content of the draft Atomic Law, the Committee notes that the effective dose limits in occupational exposure of workers to ionizing radiation will be fixed by a regulation, but that the maximum permissible doses will be 50 mSv in any single year, but not exceeding 100 mSv, averaged over five consecutive years. The Committee would consider that these threshold limits would be in conformity with article 9 of the European Commission Directive 96/29 Euratom, as well as with the 1990 ICRP Recommendations, and thus would apply the provisions of Articles 3 and 6, paragraph 2, of the Convention.

2.  The Committee further notes the Government’s indication to the effect that issues related to extreme exposure to ionizing radiation during and after an emergency will be governed by regulations of a lower rank than an Act of Parliament, but that the draft Atomic Law would serve as a legal basis with regard to the scope of application of the regulation. Moreover, the draft Atomic Law lays down the general principle according to which workers who are called to intervene in emergency situations after an accident may not receive higher doses than those established for any worker engaged in radiation work. This general principle, however, provides for two exceptions as follows: the maximum permissible doses tolerated for persons who are acting to prevent either serious loss of health or a larger scale of catastrophe, or who are acting to avoid a high exposure of a considerable number of people may not exceed 100 mSv. The maximum permissible doses for persons who are participating in actions to rescue human life may not exceed 500 mSv. It thus would appear to the Committee that these provisions would correspond to the requirements of Article 13 of the Convention, as specified by the Committee in its conclusions under item 35(c)(iii) of the 1992 general observation under the Convention.

3.  The Committee finally notes the Government’s indication that the annex to the Regulation of the Council of Ministers of 18 November 1983 provides for a list of occupational diseases and that item 8 particularly refers to "occupational diseases resulting from ionizing radiation, including malignant neoplasm". It further notes that workers having received the maximum permissible doses of ionizing radiation, as fixed under the respective provisions of the draft Atomic Law, must undergo medical examinations. In the event the continuation of employment involving an exposure to ionizing radiation is not considered advisable according to medical opinion, the draft Atomic Law guarantees the worker’s transfer to another post where the worker will not be subject to exposure to ionizing radiation, which would give effect to Article 14 of the Convention on alternative employment.

4.  The Committee, taking due note of this information, hopes that the draft Atomic Law will be adopted in the near future in order to ensure effective protection of workers exposed to ionizing radiation in the course of their work. It requests the Government to supply a copy as soon as the draft Atomic Law is adopted as well as a copy of the regulation to be issued in application of the draft Atomic Law.

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

The Committee notes the information supplied by the Government in its report. The Committee requests the Government to supply additional information on the following points.

Articles 3 and 6, paragraph 2, of the Convention. The Committee notes the Government's indication to the effect that the annual limit value presently in force for exposed workers should not exceed 50 mSv in any single year. This annual limit value is in line with Article 9 of the European Commission Directive 96/29 EURATOM based on the 1990 ICRP Recommendations. The Government further indicates that the limit of an effective dose of 20 mSv/year, averaged over five years, as also provided for by Article 9 of the European Community Directive 96/29 EURATOM and recommended by the 1990 ICRP Recommendations and the Committee's 1992 general observations under the Convention, has not been converted yet into national legislation. In this regard, the Committee notes with interest the Government's indication according to which a revision of the present legislation is planned in order to bring in line the provisions of national laws and regulations with the requirements of the European Commission Directive 96/29 EURATOM, which are based on the 1990 ICRP Recommendations. The Committee accordingly asks the Government to keep it informed on progress made in this regard and to provide the relevant texts for further examination as soon as they are adopted.

Article 13. Occupational exposure during and after an emergency. (a) The Committee notes with interest the Government's indication that an amendment of section 3(1) of the "Act-Atomic Law" of 2 February 1996 concerning the amendment of the "Act-Labour Code" and concerning the change of certain other Acts (Dziennik Ustaw No. 24-Text 110) provides for the right of male workers to refuse the participation in emergency action where permissible exposure limits will possibly exceed five times the annual limit value. It also notes with interest that section 10 of the "Act-Atomic Law", permitting the unlimited exposure of volunteers to ionizing radiation in emergency actions has been repealed.

(b) As concerns regulations with respect to extreme exposure to ionizing radiation, the Committee notes the Government's indication to the effect that a legal act on this subject has not been issued yet due to a lacking Act of Parliament which only could serve as a legal basis in conformity with the Polish legal system. The Committee notes, however, the Government's indication that the parliamentary commissions currently do preparatory legislative work on the draft Act concerning natural calamities. The Committee further notes that a legal act concerning extraordinary exposure to radiation will be issued in the form of an executory regulation of the Council of Ministers, and that a draft regulation has been prepared in 1997 by the State Agency of Atomic Energy, in consultation with other ministries. In this respect, the Committee notes the Government's indication according to which the draft regulation corresponds to the 1990 ICRP Recommendations as well as to the International Basic Standards on Biological Protection. However, the matters raised in item 35(c)(iii) of the conclusions to the Committee's 1992 general observations under the Convention were not included, but will be incorporated in the final redaction of the draft regulation. The Committee therefore recalls once again item 35(c)(iii) of the conclusions to its 1992 general observation according to which a strict definition of circumstances in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed for immediate and urgent remedial work; that work must be strictly limited in scope and duration to what is required to meet an acute danger to life and health; exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value, nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve an excessive expense. The Committee hopes that this new Regulation will be adopted in the near future and asks the Gvernment to supply a copy as soon as it is adopted.

Article 14. Alternative employment. The Committee notes the Government's indication that the provisions of the "Act-Atomic Law" and the executory provisions do not contain any provisions on alternative employment in the case of exposure exceeding limit values, but that procedures as well as benefits for workers such as transfers to other jobs, compensatory allowance, etc. are provided for in the labour legislation (Labour Code and the executory provisions) in the event that workers are affected by employment accidents or symptoms of occupational disease due to harmful agents. In this respect, the Committee notes section 237(1) of the Labour Code providing for the entitlement to benefits of workers suffering from an accident at work or of occupational diseases as specified in the list of occupational diseases, which is to be established by the Council of Ministers, as well as stipulated in separate provisions of law. The Committee accordingly requests the Government to indicate whether diseases on the ground of exposure to ionizing radiation appear on the list of occupational diseases. The Committee, however, observes that benefits for workers are linked to employment accidents or emerging symptoms of occupational disease due to harmful agents. The Committee would like to draw the Government's attention to the fact that item 35(d) of its 1992 general observations under the Convention recommend alternative employment or social security measures for all workers having accumulated an effective dose beyond which detriment considered unacceptable is to arise, without making any reference to whether or not the worker shows already symptoms of diseases linked to ionizing radiation. The Committee further notes that the mentioned sections of the Labour Code do not provide for a transfer to another job in the case that the worker could not continue the work involving exposure to ionizing radiations. The Committee would therefore request the Government to specify the provisions providing for possible transfers of workers who cannot continue, because of medical reasons, their employment involving an exposure to ionizing radiations.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its latest report on the Convention and in its general report of 1992.

1. Articles 3 and 6, paragraph 2, of the Convention. In its general observation of 1992 under the Convention, the Committee drew attention to the revised exposure limits adopted on the basis of new physiological findings by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations, issued in 1991 as ICRP publication No. 60. These Recommendations have a bearing on the application of the Convention, in view of the references to "knowledge available at the time" and "current knowledge", included in Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee accordingly asked governments to indicate the steps taken to ensure effective protection of workers against ionizing radiation and to review maximum permissible doses of ionizing radiation in the light of current knowledge. The Committee notes from the Government's report that the State Atomic Agency has prepared a "proposal of amendment of the Regulation of the President of the State Atomic Agency of 31 March 1988 concerning threshold quantities of ionizing radiation and derivative indicators determining ionizing radiation hazard". The Government has not indicated whether and how this proposal includes the revised exposure limits and other protective measures set out in ICRP publication No. 60. The Committee notes, however, with interest from the Government's report that another draft Regulation being prepared concerning emergency situations is to follow the new, recently approved International Basic Safety Standards, jointly sponsored by the IAEA, the ILO, the WHO and three other international organizations and based on the 1990 ICRP Recommendations. Referring again to the explanations provided in its 1992 general observation under the Convention, the Committee hopes that in amending the 1988 Regulation, effective protection of workers will be ensured in the light of current knowledge as embodied in the 1990 ICRP Recommendations and the 1994 International Basic Safety Standards, and that the Government will supply full particulars of the new exposure limits and other provisions adopted.

2. Articles 7, paragraph 2, and 8 of the Convention. In previous comments, the Committee noted that section 6.1 of Order No. 124 of 31 March 1988 concerning limit doses of ionizing radiation and indicators determining the risk connected with ionizing radiation (identical with the Regulation of 31 March 1988 mentioned in point 1 above) provides limit doses for persons from 15 years of age to 18 years; it had noted the Government's indication that this concerned only persons undergoing vocational preparation but that the age limit would be raised to 16 years when Order No. 124 of 31 March 1988 was next amended. The Committee notes with interest from the Government's subsequent reports that while age and conditions of young persons' employment are governed by labour law and the atomic law age specification is only of informational character, the proposed amendment (mentioned in point 1 above) to the Order/Regulation of 31 March 1988 is to raise the age limit from 15 to 16 years. It also notes with interest that the Order of 21 December 1991 amending the list of jobs prohibited to young persons maintains the prohibition of employment of young persons in conditions of exposure to ionizing radiation, and that while young persons over 16 years of age may be so employed to the extent necessary for their vocational preparation, exposure to radiation has been limited to the level determined for the general public. The Committee looks forward to learning of the adoption of the draft amendment.

3. Occupational exposure during and after an emergency.

(a) In previous comments, the Committee noted that under section 9(1) of the Atomic Law of 10 April 1986 workers intervening in abnormal situations where maximum permissible exposure limits are exceeded do not have the right to refuse such work. The Committee notes with interest the Government's indication in its latest report that an amendment of the Atomic Law submitted to Parliament on 10 June 1994 proposes to delete from section 9(1) the words "a worker cannot refuse execution of such an order". The Committee looks forward to learning of the adoption of that amendment.

(b) In its previous direct request, the Committee noted with interest the adopted of Order No. 180 of 19 June 1989 (Monitor Polski, No. 23 of 1989) respecting the specific requirements and conditions for nuclear safety and radiological protection which sets forth measures to be taken and special exposure limits permitted with regard to emergencies. Referring to the explanations provided in paragraphs 16 to 27 of its 1992 general observation under the Convention, the Committee asked the Government to indicate the steps taken in relation to the matters raised in the conclusions to the general observation, in particular in paragraph 35(c) concerning the protection against accidents and emergencies. The Committee notes with interest the Government's indication in its report that in 1993 the State Atomic Agency started to prepare a draft Regulation concerning the procedure applied in emergency situations resulting from radioactive hazard for people and the environment, and that values of intervention levels, determined in the draft Regulation, are in conformity with the new, recently approved International Basic Safety Standards, jointly sponsored by the IAEA, the ILO, the WHO and three other international organizations. The Committee hopes that the Government will soon be in a position to supply a copy of this Regulation, and that it will also specify the provision made in law and practice for:

(i) the prevention of accidents and the mitigation of their consequences, as set out in paragraphs 191 to 193 of the 1994 International Basic Safety Standards and paragraph 35(c)(i) and (ii) of the Committee's 1992 general observation under the Convention;

(ii) the strict definition of circumstances in which exceptional exposure of workers is to be allowed. In this regard, the Committee has noted the Government's indication that values of intervention levels determined in the draft Regulation are in conformity with the 1994 International Basic Safety Standards. The Committee observes that enforcement of the principles set out in paragraphs 233 to 238 of these Standards, concerning the protection of workers undertaking an intervention, read together with paragraphs 191 and 192(f) and (g) of the Standards would appear to meet the requirements of the strict definition called for in paragraph 35(c)(iii) of the Committee's 1992 general observation. While looking forward to the adoption of the corresponding draft Regulation, the Committee however notes that section 9 of the Atomic Law allows for higher exceptional exposure limits in circumstances which do not meet the same strict criteria, including any assignment "reducing and eliminating the effects" of accidents; this should be clearly limited along the lines set out in paragraphs 233 and 236 of the 1994 International Basic Safety Standards as well as paragraph 35(c)(iii) of the Committee's 1992 general observation.

4. The provision of alternative employment. Referring to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, as well as paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure the provision of suitable alternative employment not involving exposure to ionizing radiation for workers having accumulated well before retirement age an effective dose beyond which an unacceptable risk of detriment arises.

[The Government is asked to report in detail in 1997.]

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Referring also to its observation under this Convention, the Committee requests the Government to supply information on the following points:

1. Articles 3 and 6, paragraph 2, of the Convention. In its general observation of 1992 under the Convention, the Committee drew attention to the revised exposure limits adopted on the basis of new physiological findings by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations, issued in 1991 as ICRP publication No. 60. These Recommendations have a bearing on the application of the Convention, in view of the references to "knowledge available at the time" and "current knowledge", included in Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee accordingly asked governments to indicate the steps taken to ensure effective protection of workers against ionizing radiation and to review maximum permissible doses of ionizing radiation in the light of current knowledge. The Committee notes from the Government's report for the period ending June 1994 that the State Atomic Agency has prepared "a proposal of amendment of the Regulation of the President of the State Atomic Agency of 31 March 1988 concerning threshold quantities of ionizing radiation and derivative indicators determining ionizing radiation hazard". The Government has not indicated whether and how this proposal includes the revised exposure limits and other protective measures set out in ICRP publication No. 60. The Committee notes, however, with interest from the Government's report that another draft Regulation being prepared concerning emergency situations is to follow the new, recently approved International Basic Safety Standards, jointly sponsored by the IAEA, the ILO, the WHO and three other international organizations and based on the 1990 ICRP Recommendations. Referring again to the explanations provided in its 1992 general observation under the Convention, the Committee hopes that in amending the 1988 Regulation, effective protection of workers will be ensured in the light of current knowledge as embodied in the 1990 ICRP Recommendations and the 1994 International Basic Safety Standards, and that the Government will supply full particulars of the new exposure limits and other provisions adopted.

2. Occupational exposure during and after an emergency. (a) In previous comments, the Committee noted that under section 9(1) of the Atomic Energy Act of 10 April 1986 workers intervening in abnormal situations where maximum permissible exposure limits are exceeded do not have the right to refuse such work. The Committee notes with interest the Government's indication in its latest report that an amendment of the Atomic Energy Act proposed by the State Atomic Energy Agency and submitted to Parliament on 10 June 1994 which proposes to delete from section 9(1) the words "a worker cannot refuse execution of such an order which has been taken into account by the Parliamentary Commissions in its work on the amendment of the Labour Code and certain other Acts containing provisions on labour matters". The Committee looks forward to learning of the adoption of that amendment.

(b) In its previous direct request, the Committee noted with interest the adoption of Order No. 180 of 19 June 1989 (Monitor Polski, No. 23 of 1989) respecting the specific requirements and conditions for nuclear safety and radiological protection which sets forth measures to be taken and special exposure limits permitted with regard to emergencies. Referring to the explanations provided in paragraphs 16 to 27 of its 1992 general observation under the Convention, the Committee asked the Government to indicate the steps taken in relation to the matters raised in the conclusions to the general observation, in particular in paragraph 35(c) concerning the protection against accidents and emergencies. The Committee notes with interest the Government's indication in its report that in 1993 the State Atomic Agency started to prepare a draft Regulation concerning the procedure applied in emergency situations resulting from radioactive hazards for people and the environment, and that values of intervention levels, determined in the draft Regulation, are in conformity with the new, recently approved International Basic Safety Standards, jointly sponsored by the IAEA, the ILO, the WHO and three other international organizations. The Committee hopes that the Government will soon be in a position to supply a copy of this Regulation, and that it will also specify the provision made in law and practice for:

(i) the prevention of accidents and the mitigation of their consequences, as set out in paragraphs 191 to 193 of the 1994 International Basic Safety Standards and paragraph 35(c) of the Committee's 1992 general observation under the Convention;

(ii) the strict definition of circumstances in which exceptional exposure of workers is to be allowed. In this regard, the Committee has noted the Government's indication that values of intervention levels determined in the draft Regulation are in conformity with the 1994 International Basic Safety Standards. The Committee observes that enforcement of the principles set out in paragraphs 233 to 238 of these Standards, concerning the protection of workers undertaking an intervention, read together with paragraphs 191 and 192(f) and (g) of the Standards would appear to meet the requirements of the strict definition called for in paragraph 35(c) of the Committee's 1992 general observation. While looking forward to the adoption of the corresponding draft Regulation, the Committee however notes that section 9 of the Atomic Act allows for higher exceptional exposure limits in circumstances which do not meet the same strict criteria, including any assignment "reducing and eliminating the effects" of accidents; this should clearly be limited along the lines set out in paragraphs 233 and 236 of the 1994 International Basic Safety Standards as well as paragraph 35(c)(iii) of the Committee's 1992 general observation.

3. The provision of alternative employment. Referring to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, as well as paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure the provision of suitable alternative employment not involving exposure to ionizing radiation for workers having accumulated well before retirement age an effective dose beyond which an unacceptable risk of detriment arises.

[The Government is asked to report in detail in 1998.]

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 7, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes with satisfaction that pursuant to Order No. 419 of the State Atomic Energy Agency dated 7 July 1995 the minimum age for admission to occupational training, in conditions of exposure to ionizing radiation for which dose limits are provided under section 6.1 of Order No. 124 of 31 March 1988 concerning limit doses of ionizing radiation and indicators determining the risk associated with ionizing radiations, has been raised from 15 to 16 years. The Committee recalls in this connection that it has noted previously with interest that the Order of 21 December 1991 amending the list of jobs prohibited to young persons maintained the prohibition of employment of young persons in conditions of exposure to ionizing radiation, and that while young persons over 16 years of age may be so employed to the extent necessary for their vocational preparation, exposure to radiation had been limited to the level determined for the general public.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information provided in the Government's report with respect to the application of Article 8 of the Convention. It requests the Government to provide further information on the following points:

1. Article 7, paragraph 2. In its previous comment, the Committee had noted that section 6.1 of Order No. 124 of 31 March 1988 concerning limit doses of ionising radiation and indicators determining the risk connected with ionising radiation provides limit doses for persons from 15 years of age to 18 years. The Committee notes the indication in the Government's report that this paragraph does not concern workers, but rather persons undergoing vocational preparation, including persons trained for work involving ionising radiation sources. The Government adds that young persons under the age of 18 years are prohibited from employment involving ionising radiations by virtue of Order No. 312 of 26 September 1958. The Committee notes with interest the Government's indication that the next amendment to Order No. 124 will take into account the problem of changing the age limit from 15 to 16 years of age also for persons undergoing vocational preparation. The Government is requested to indicate, in its next report, the progress made in this regard.

2. In its previous comment, the Committee had noted that, under section 9 of the "Atomic Law" Act of 10 April 1986, workers intervening in abnormal situations where maximum permissible exposure limits are exceeded do not have the right to refuse such work. The Committee had referred the Government to section 5.8.1 of the ILO Code of Practice on Radiation Protection of Workers which deals with planned special exposure which provides that a worker has the choice of accepting a proposal made by the employer that he or she intervene in an abnormal situation involving special exposure. In its latest report, the Government indicates that the protection of workers in respect of emergency procedure will be determined in detail in further Acts issued in implementation of the Atomic Law. The Government is requested to indicate the progress made in ensuring that workers' intervention in abnormal situations is voluntary.

3. The Committee notes with interest the adoption of Order No. 23 of 1989 respecting the specific requirements and conditions for nuclear safety and radiological protection which sets forth measures to be taken and special exposure limits permitted with regard to emergencies. In this regard, the Committee would call the Government's attention to paragraphs 16 to 27 of its General Observation under this Convention. It requests the Government to indicate, in its next report, the steps taken in relation to the matters raised in the conclusions to the General Observation, and, in particular, as concerns paragraph 35(c).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Further to its observation, the Committee has noted that section 6.1 of Order No. 124 of 31 March 1988 concerning limit doses of ionising radiation and indicators determining the risk connected with ionising radiation provides limit doses for persons aged 15 or over and under 18 years of age. The Committee would recall, however, that Article 7, paragraph 2, of the Convention provides that no worker under the age of 16 shall be engaged in work involving ionising radiations. It requests the Government to indicate the measures taken or envisaged to ensure that persons under the age of 16 are not engaged in work involving ionising radiations.

2. The Committee draws attention to Article 8 which provides that appropriate levels of exposure to ionising radiations shall be fixed for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionising radiations or radioactive substances. The Committee notes that section 9 of Order No. 124 prescribes dose limits for persons resident or present in the generally accessible vicinity of sources of ionising radiation. Furthermore, section 6.2 of this Order provides that dose limits for persons temporarily present in conditions involving exposure to ionising radiation shall correspond to the limits set in section 9, paragraphs 1 and 3. The Government is requested to indicate whether these dose limits also apply to employees who work in areas regularly exposed to ionising radiations, but who themselves are not directly engaged in radiation work. If workers not directly engaged in radiation work are not covered by the limits fixed in section 9, the Government may wish to refer to paragraph 5.4.5 of the ILO Code of Practice on Radiation Protection of Workers (ionising radiations) for guidance in setting primary dose limits for workers not engaged in radiation work. The Government is requested to indicate the measures taken or envisaged for fixing exposure limits for workers not directly engaged in radiation work.

3. In its observation for 1990, the Committee noted with interest the measures taken to fix exposure limits for workers intervening in abnormal situations during the second phase, and that protective measures must be taken when exposure exceeds a certain level during the first phase of an abnormal situation, where intervention is necessary to save life or substantially limit the exposure of other persons. Section 9, paragraph 3, of the "Atomic Law" Act of 10 April 1986 provides that a worker intervening in the second phase of an abnormal situation can only be exposed to levels of radiation exceeding twice the normal annual limit once in a year and paragraph 1 of this section provides that the exposure over a lifetime shall not exceed five times the permissible annual limit values. Furthermore, the Committee notes that under this section it is explicitly indicated that a worker has no right to refuse involvement in such work. For guidance concerning action to be taken in abnormal situations, the Government may wish to refer to Section 5.8 and Chapter 6 of the ILO Code of Practice on Radiation Protection of Workers which deal with planned special exposure. Section 5.8 of the ILO Code of Practice recommends certain approaches to special exposures at the second phase of an abnormal situation where the doses of ionising radiations may exceed the normal limit values. Paragraph 5.8.1 of the Code of Practice provides that a worker may choose to accept or not to accept a proposal made by the employer that he or she intervene in an abnormal situation involving special exposure. Paragraph 5.8.2 recommends that a special exposure should not exceed twice the relevant annual limit value. Paragraph 5.8.5 provides that a worker should be informed of the estimated doses and special conditions involved in a special exposure and should be consulted about potential occupational hazards. A worker intervening in a special exposure situation should be instructed in the measures to be taken to keep the doses and risks as low as possible (paragraph 5.8.6), and a medical determination concerning a worker's aptitude for work involving special exposure should be made (paragraph 5.8.7). Chapter 6 recommends certain procedures to be followed in case of emergency situations. The Government is requested to indicate any further measures taken or envisaged concerning special exposures in abnormal situations.

4. The Committee notes that section 10.2 of Order No. 124 establishes a limit for concentrations of radon and its derivatives in premises designated for constant occupation by humans. The Government is requested to indicate whether there are limits for the concentration of radon in work premises.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with satisfaction the adoption of Order No. 124 of 31 March 1988 issued by the President of the State Atomic Agency concerning limit doses of ionising radiations and indicators determining the risk connected with ionising radiation which ensures the application of Article 6 of the Convention. In particular, the Committee appreciates the information provided by the Government concerning limits of exposure for workers called to intervene in abnormal situations, in response to the questions raised in its general observation of 1987.

In the general observation, governments were requested to indicate the measures taken concerning abnormal situations where the level of exposure to ionising radiations exceeds the normal annual level fixed by law. It was pointed out that there are two phases to an abnormal situation. The first phase is when emergency measures are necessary in order to save human life or avoid a substantial increase in the scale of the incident. Neither the recommendations of the International Commission on Radiological Protection (ICRP) nor the ILO Code of Practice on Radiation Protection (ionising radiations) fix an exposure limit for this first phase of intervention. In this regard, the Committee notes with interest that section 8.2 of Order No. 124 endeavours to ensure protection beyond a certain level of exposure by providing that rescue workers intervening in abnormal situations to save human life or substantially limit the exposure of other persons shall be protected from doses exceeding 50 rems for the entire body and 300 rems for individual tissues or organs.

As concerns the second phase of an abnormal situation, although the ICRP and the ILO recommend that remedial measures be taken while maintaining compliance with permissible annual dose limits (50 mSv or 5 rems), it is also noted that in special circumstances certain essential operations may need to be carried out when the level of exposure to ionising radiations is still beyond the fixed limits. It is recommended, however, that workers intervening in this second phase should not be exposed to a dose greater than five times the permissible annual dose limit in a lifetime (i.e. 250 mSv or 25 rems). In this regard, the Committee notes that section 8.1 of Order No. 124 provides that workers who intervene in the second phase of one or more emergency situations shall not be exposed in the course of a lifetime to a level of ionising radiations exceeding five times the normal annual limit dose prescribed (the annual limit dose being fixed at 50 mSv (5 rems)).

The Government is requested to continue supplying information on any other measures taken or envisaged concerning the procedures to be followed in abnormal situations.

The Committee is raising other points in a request addressed directly to the Government.