Can OHS Training Be Conducted Online In Poland?

Can OHS training be conducted online in Poland? You might ask yourself this question if you are planning OHS training for yourself or your employees. Browsing training offers, you may come across terms such as: e-learning, blended learning, online training, e-training — which can leave you unsure which to choose, or whether it still counts as proper OHS training.

In this article, I walk through what you need to know when planning to conduct OHS training online — entirely over the Internet — under Polish law.

Legal Requirements Under Polish Law: Is OHS Training Mandatory for Every Employee?

Under Polish law, every employee must complete the required OHS training before starting work. This follows from Article 237³ § 1 of the Act of 26 June 1974 — the Polish Labour Code — which states that an employer may not allow an employee to perform work for which they do not have the required qualifications or skills, or sufficient knowledge of occupational health and safety regulations and principles. Additionally, Article 237³ § 2 of the Labour Code provides that the employer is obliged to ensure that the employee undergoes OHS training before being admitted to work, and to conduct periodic training in this area. More detailed rules for OHS training in Poland are set out in the Regulation on training in occupational health and safety (hereinafter: the OHS Training Regulation), covering, among other things: the scope of training; requirements for training programme content and implementation; methods of documenting training; and cases in which employers or employees may be exempt from certain types of training.

What Types of OHS Training Exist in Poland?

Under Polish law, pursuant to § 1a of the OHS Training Regulation, OHS training is conducted as initial training and periodic training. Initial training takes the form of a general induction and on-the-job instruction for all employees — it must be completed before the employee begins work. Periodic training is conducted in the form of a course, seminar or guided self-study (samokształcenie kierowane). Guided self-study applies to the following employee groups:

1. Employers and other persons managing employees,
2. Engineering and technical staff, including designers, machine and equipment engineers, technologists and production organisers;
3. Occupational health and safety service staff and other persons performing the duties of such a service;
4. Administrative and office workers and other persons whose work involves exposure to health-hazardous, burdensome or dangerous factors, or involves OHS responsibilities.

Online OHS Training in Poland — Guided Self-Study

By choosing the form of guided self-study, OHS training in Poland can be conducted via the Internet. Acquiring, updating or supplementing knowledge in occupational health and safety takes place on the basis of materials provided by the training organiser. Training materials must be consistent with the topics covered by the training programme (e.g. scripts, legal regulations, sets of test questions) and adapted to the participant’s capabilities. Every periodic OHS training — including those conducted online — must end with an examination conducted by the training organiser.

When choosing a company to conduct OHS training online, it is worth paying close attention to the exact form in which training is organised. If training is described as using the “blended learning” method, this means a mixed form of education combining traditional teaching methods (direct contact with the instructor) with computer-based training elements.

Online OHS Training in Poland — EHS Consulting’s Offer

EHS Consulting provides periodic OHS training in the form of guided self-study, while ensuring ongoing contact with an OHS Specialist. Should any questions or doubts arise, we connect with course participants via an online communicator — making online training not significantly different from in-person training. More information about our offer can be found on the OHS training page.

Online OHS Training Across Poland — Regulations During the COVID-19 Pandemic

Another important issue concerns the organisation of OHS training during the COVID-19 pandemic in Poland. Many employees transitioning to remote work needed to adapt their home workspace to comply with OHS regulations — something in which the employer was required to assist. The pandemic also affected Polish regulations on OHS training. On 23 March 2020, the Chief Labour Inspector issued a position statement on the obligation to send employees for preventive medical examinations on time, and the obligation to conduct OHS training on time. Taking into account the epidemiological situation and the declaration of a state of epidemic in Poland under the Regulation of the Minister of Health of 20 March 2020, the following was proposed under Polish law:

— allowing initial OHS training to be conducted entirely via electronic communication means, with the exception of on-the-job instruction for:

1. employees employed in manual/labourer positions;
2. employees employed in positions involving exposure to hazardous factors;
3. employees transferred to positions referred to in points 1 and 2;
4. pupils undertaking vocational practical training and students undertaking internships.

— where periodic OHS training falls due during:

1. a period of epidemic emergency or epidemic state, or
2. within 30 days of the lifting of the epidemic emergency state (where no epidemic state is declared), or of the epidemic state

— the deadline is extended to 60 days from the lifting of the epidemic emergency state (where no epidemic state is declared) or the epidemic state.