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Remote work is becoming increasingly popular around the world, and its development has accelerated recently due to the COVID-19 pandemic. As of April 7, 2023, employers in Poland may introduce remote work under the amended provisions of the Labor Code Act.

Remote work can be performed if it is properly organized, and the employee confirms that the place where remote work is provided, meets health and safety requirements.

What does it mean for remote work to be properly organized? What are the health and safety requirements for remote work?

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Before allowing remote work, the employer is obliged to prepare an occupational risk assessment (the employer will be able to prepare a universal occupational risk assessment for each group of remote work positions) and, on its basis, to prepare information containing the principles of safe remote work and familiarize the employee with it.

Such information should include:

  • principles and methods for properly organizing a remote workplace;
  • principles for safe and hygienic remote work;
  • tasks to be performed after completing remote work;
  • procedures in emergency situations posing a threat to human life or health.

For remote work to be possible, the employee must submit a declaration to the employer (in paper or electronic form), confirming that this work will be carried out at the designated and agreed-upon location with the employee, and that this location meets the requirements for safety and hygiene at work.

If these conditions change, the employee is obliged to inform the employer.

Health and safety requirements for remote work mainly concern ergonomics:

  • appropriate positioning of the desk and chair,
  • minimum requirements for a screen monitor,
  • use of lighting that does not strain the eyes,
  • permeability of passageways – cables, carpets and rugs,
  • separation of the eating area from the work area,
  • regular breaks after each hour worked in front of the computer.

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The law makes it mandatory to define the rules for remote work in:

  • an agreement concluded between the employer and the company trade union organization(s), hereinafter zoz,
  • regulations established by the employer – if there is no agreement with zoz and in the event that no zoz operates at the employer (then the regulations would be established after consultation with employee representatives).

In the event that the employer does not have an agreement or regulations for remote work – it will be able to be applied at the request of the employee concerned.

The employer has many obligations to ensure safe and healthy working conditions. These include:

  • conducting systematic training of employees in the field of occupational health and safety
  • familiarizing employees with the regulations and rules of occupational safety and health for the work they perform.

The cost of developing an occupational risk assessment for remote work and health and safety information for performing remote work depends on:

  • customer expectations about the form of the study (our document standard or the format provided from the customer).

The price is from 300,00 PLN net (+23% VAT) per document upwards and includes:

  • development of the document in accordance with the adopted assumptions and after consultation with the Client;
  • the possibility to revise the documents, following the Client’s comments and further consultations after the implementation of the document.
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Discussion

The second step is to find out the customer’s needs and propose terms and conditions

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Collaboration

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REMOTE WORKING AND HEALTH AND SAFETY REGULATIONS – LABOR CODE

As a result of the amendments, the Labor Code also includes aspects of remote work, which thus translates into a number of obligations and opportunities available to employees and employers. There are several articles that are particularly worth paying attention to.

  • 208 § 1 – cooperation of employers.
  • 212 points 1 and 4 – organization of the workplace.
  • 213 – construction or reconstruction of a building facility.
  • 214 – work premises.
  • 232 – meals and beverages.
  • 233 – hygienic-sanitary facilities.
  • 209(1) – first aid.

The other equally important issue concerns occupational health and safety rules for remote work, which specify the tasks that cannot be performed in this mode. This includes tasks such as:

  • especially dangerous;
  • where there may be an exceedance of permissible levels of physical factors;
  • with chemical or biological factors posing a threat;
  • resulting in intensive soiling.

H&S REMOTE WORKING AND THE EMPLOYER’S RESPONSIBILITIES – WHAT MUST THE EMPLOYER KEEP IN MIND?

The employer is obliged, among other things, to provide remote employees with materials and work tools, including technical devices, necessary for remote work.

The law also provides for the possibility for an employee to use their private work tools (e.g., a computer) if both sides of the employment relationship agree, provided that the employee’s private technical devices and other work tools used for work ensure work safety. In this case, the employee will be entitled to a financial equivalent agreed upon with the employer.

REMOTE WORKING VS. HEALTH AND SAFETY AND OTHER EMPLOYER OBLIGATIONS

  • Providing installation, servicing, maintenance of work tools, including technical devices, necessary for remote work, or covering necessary costs related to the installation, servicing, operation, and maintenance of work tools, including technical devices, necessary for remote work, as well as the costs of electricity and necessary telecommunication services.
  • Covering other costs directly related to performing remote work if such an obligation is specified in an agreement (made with trade unions) or regulations (or, in the absence of an agreement or regulations, in an issued directive or agreement made with the employee).
  • Providing the remote employee with the necessary training and technical support for performing this work.
  • Allowing the remote employee to be present at the workplace, contact other employees, and use the employer’s premises, social facilities, and social activities (on the terms accepted for all employees).

REMOTE WORK AND OCCUPATIONAL HEALTH AND SAFETY TRAINING – HOW CAN EHS CONSULTING HELP?

We assist in developing:

  • Occupational health and safety instructions for remote work;
  • Risk assessment for remote work;
  • Agreements or regulations covering the scope of remote work.

We conduct initial and periodic occupational health and safety training for remote employees, which take place in a ‘live’ format through Microsoft Teams or Clickmeeting platforms. For periodic training, we offer e-learning sessions on our training platform. Take advantage of professional occupational health and safety services in Warsaw and online, and remote work health and safety will hold no secrets for you!

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