OSH Guide for Construction Employers – How to Legally Clear a Worker for Duty

Construction is one of the most accident-prone work environments, which is why clearing a worker for duty can never be a mere formality. Before anyone sets foot on a construction site, the employer must ensure that all conditions arising from the Polish Labour Code and specific regulations are met. Below are the key areas to check, along with the documents and safeguards that must be completed before work begins.

Medical examinations

The basis for clearance is a valid medical certificate confirming no contraindications to work in the given position, issued on the basis of a referral describing the working conditions and harmful factors (Article 229 of the Labour Code). Without a valid pre-employment medical certificate, a worker may not be admitted to work. In construction work, a certificate confirming no contraindications to working at height above 3 metres is particularly important – the referral must explicitly indicate this factor.

OSH training

Before being cleared for work, a worker must complete initial training in the form of general instruction and job-specific (workstation) instruction (Article 237³ of the Labour Code). Job-specific instruction on a construction site is mandatory for manual labour positions and must be repeated whenever the position or working conditions change. Completion of the training is confirmed by an initial training card. Separately, deadlines for periodic training must be monitored – missing them also excludes clearance for work.

Occupational risk assessment and instructions

A worker has both the right and the obligation to know the occupational risk associated with their position and the rules for protection against hazards (Article 226 of the Labour Code). Familiarisation with the occupational risk assessment and with OSH instructions is confirmed by a written statement placed in the personnel file. On a construction site, the Instruction for Safe Performance of Works (IBWR) is also key – workers must be familiarised with it before starting works covered by the Health and Safety Protection Plan (BIOZ).

Qualifications and authorisations

Many construction tasks may only be entrusted to persons holding the appropriate authorisations. This applies, among others, to operators of construction machinery (operator’s licences), operation of equipment subject to technical supervision such as cranes and mobile platforms (UDT – Office of Technical Inspection – licences), work on electrical installations and equipment (SEP – Association of Polish Electrical Engineers – qualification certificates), and the assembly and dismantling of scaffolding. Before clearance, the validity of these authorisations must be verified and documented.

Personal protective equipment and work clothing

The employer is obliged to provide, free of charge, personal protective equipment as well as work clothing and footwear suited to the hazards (Articles 237⁶–237⁹ of the Labour Code). On a construction site, the standard includes a safety helmet, protective footwear, high-visibility clothing, and – for work at height – fall-protection equipment (a safety harness with a fall-arrest system). Issuance of the equipment is documented with a personal issue card, and the worker must be trained in its correct use.

Particularly hazardous work

Work at height, in excavations, demolition work, or work near live utility networks constitute particularly hazardous work within the meaning of the Regulation of the Minister of Infrastructure of 6 February 2003 on occupational health and safety during the performance of construction works. Such work requires direct supervision, a named division of labour, and instruction carried out immediately before the task begins. Without these conditions being met, a worker may not be cleared for such work.

Documents to prepare

Before clearance for work, the personnel file should contain:

• a pre-employment medical certificate (including confirmation of no contraindications to working at height, where applicable),
• an initial OSH training card together with job-specific instruction,
• certificates of periodic training,
• a statement confirming familiarisation with the occupational risk assessment and with the instructions and the IBWR,
• a personal issue card for personal protective equipment and work clothing,
• copies of the required authorisations and qualifications.

A complete set of these documents, together with functioning, verified technical and personal safeguards, is a precondition for legally and safely clearing a worker to work on a construction site.