The legislator introduced two changes to the Labor Code in 2019 regarding actions related to occupational health and safety (OHS).
One of the changes is the exclusion of the obligation for employees working in administrative-office positions, who perform their work in establishments where the risk category has been determined as no higher than the third category, to undergo periodic training. (The risk categories of a given activity group are defined by the Regulation of the Minister of Labor and Social Policy of November 29, 2002, concerning the differentiation of the percentage rate of contributions to social insurance for accidents at work and occupational diseases, depending on professional hazards and their consequences (Journal of Laws 2018, item 502).) – the regulation is issued cyclically. These changes were introduced by adding two new paragraphs to the Labor Code, which are outlined below:
§22. Periodic training of an employee, referred to in §2, is not required for an employee in an administrative-office position if the predominant activity of the employer, according to the regulations of public statistics, falls into a group of activities for which the risk category has been determined as no higher than the third category, in accordance with the regulations on social insurance for accidents at work and occupational diseases, unless the risk assessment referred to in Article 226, point 1, indicates that it is necessary.
§23. If the predominant activity of the employer, according to the regulations of public statistics, falls into a group of activities for which a higher than third risk category has been established under the regulations on social insurance for accidents at work and occupational diseases, the employer is obliged to conduct periodic training of the employee referred to in §22 on occupational health and safety, within a period not exceeding 6 months from the date the higher risk category is established.
§24. The provision of §23 applies accordingly when the risk assessment referred to in Article 226, point 1, indicates that periodic training of the employee referred to in §22 has become necessary. The periodic training is to be conducted within a period not exceeding 6 months from the date the risk assessment was made.
Periodic training for administrative-office employees does not need to be conducted if:
- The predominant activity of the company in which they work is classified as no higher than the third risk category.
- The risk assessment document for the position does not clearly state that training must be conducted.
Periodic training for administrative-office employees must be conducted if:
- The company’s activity has been classified as the fourth or higher risk category.
- The company changes its operational focus to an industry classified as the fourth or higher risk category. Once this information is obtained, the legislator allows 6 months to organize periodic training.
Activities classified according to the Regulation of the Minister of Family, Labor, and Social Policy of March 5, 2018, amending the regulation on differentiating the percentage rate of contributions to social insurance for accidents at work and occupational diseases, depending on professional hazards and their consequences (Journal of Laws 2018, item 502), are classified into no higher than the third risk category.
Appendix 1. [ACTIVITY GROUPS, RISK CATEGORIES, AND PERCENTAGE RATES OF CONTRIBUTIONS TO ACCIDENT INSURANCE FOR ACTIVITY GROUPS]
Annex to the Regulation of the Minister of Family, Labor, and Social Policy of March 5, 2018 (item 502).
| No. | Business Activities | PKD Code* | Risk Categories | Contribution Rates (%) |
| 1 | 2 | 3 | 4 | 5 |
| 46 | Air Transport | H-51 | 2 | 0.67 |
| 49 | Accommodation and Food Services | I | 2 | 0.67 |
| 50 | Information and Communication | J | 2 | 0.67 |
| 51 | Financial and Insurance Activities | K | 2 | 0.67 |
| 52 | Real Estate Services | L | 2 | 0.67 |
| 53 | Professional, Scientific, and Technical Activities | M | 2 | 0.67 |
| 56 | Tourism Organizers, Agents, and Other Reservation Services | N-79 | 2 | 0.67 |
| 59 | Office Administration and Other Business Support Services | N-82 | 2 | 0.67 |
| 64 | Other Services, Households Employing Workers; Households Producing Goods and Providing Services for Own Use | S,T | 2 | 0.67 |
| 13 | Clothing Manufacturing | C-14 | 3 | 0.93 |
| 14 | Leather and Leather Products Manufacturing | C-15 | 3 | 0.93 |
| 17 | Printing and Reproduction of Recorded Information Carriers | C-18 | 3 | 0.93 |
| 25 | Computer, Electronic and Optical Products Manufacturing | C-26 | 3 | 0.93 |
| 41 | Wholesale and Retail Trade in Motor Vehicles; Motor Vehicle Repairs | G-45 | 3 | 0.93 |
| 42 | Wholesale Trade, Excluding Motor Vehicles | G-46 | 3 | 0.93 |
| 43 | Retail Trade, Excluding Motor Vehicles | G-47 | 3 | 0.93 |
| 57 | Detective and Security Services | N-80 | 3 | 0.93 |
| 60 | Public Administration and National Defense; Mandatory Social Security, Extraterritorial Organizations | O,U | 3 | 0.93 |
| 61 | Education | P | 3 | 0.93 |
| 63 | Cultural, Entertainment, and Recreation Activities | R | 3 | 0.93 |
Practical Conclusions:
The changes introduced are, in my opinion, beneficial and justified. To cease periodic training for employees in administrative-office positions, the following conditions must be met:
- The predominant activity of the company must be in a risk category no higher than the third.
- The risk assessment document for the position must not indicate that periodic training is required.
- There must be no change in activity or the predominant activity to one in a higher risk category. It is necessary to monitor the aforementioned at least annually.
Practical Conclusions for Implementation:
Ad. 1. Change in industries such as: Financial and insurance activities, Printing and reproduction of recorded information carriers, Accommodation and food services.
Ad. 2. I recommend reviewing the risk assessment documentation to ensure that, for example, the position of hotel receptionist does not have recorded hazards that would classify the position as a medium or high risk category (according to PN – N 18002). During an inspection, the authority may point out that the predominant activity of the company is classified in a lower risk category than the third, while the risk assessment document for the position may indicate that the risk is high. The employer is obliged to protect human life and health threatened by the work process, ensuring safe and hygienic working conditions, making proper use of scientific and technical advancements for those performing the work. During an inspection, it may turn out that the employer has failed in this duty by neglecting periodic training for administrative-office employees, even though the risk assessment document suggests otherwise. It is common for companies to use risk assessment forms that are similar across all job positions. If this legal change leads to more individualized risk assessments, it will benefit employees.
Ad. 3. The predominant activity, following broad commentary on the Act of January 10, 2018, on the restriction of trading on Sundays and public holidays and certain other days. For businesses performing more than one activity, which are categorized under different PKD codes, the procedure is as follows:
- Identify the section with the highest share of the indicator (e.g., added value).
- Within the selected section, identify the department with the highest share of the indicator within that section.
- Within the selected department, identify the group with the highest share of the indicator within that group.
- Within the selected group, identify the class with the highest share of the indicator within that class.
- Within the selected class, identify the subclass with the highest share of the indicator within that subclass.
In economics, added value is understood as the increase in the value of goods resulting from the production process (E. Kubiak, H. Nakonieczna-Kisiel 1999, p. 43), or the difference between a company’s revenue and the cost of purchasing materials and services from other companies. Therefore, it is the difference between sales income and the cost of acquiring necessary inputs; the difference between sales income and the cost of acquiring goods and services from other companies (R. Barro 1997, p. 59).
References:
The predominant economic activity and the Sunday trading ban created by Lawyer Paweł Stachurski Mar 28, 2018
http://adwokaci-sg.pl/2018/03/28/przewazajaca-dzialalnosc-gospodarcza-a-zakaz-handlu-w-niedziele/
https://www.pip.gov.pl/pl/f/v/19512/ocr%2009.pdf
Regulation of the Minister of Family, Labor and Social Policy of March 5, 2018, amending the regulation on differentiating the percentage rate of contributions to social insurance for accidents at work and occupational diseases, depending on professional hazards and their consequences, Journal of Laws 2018, item 502