That can serve as guidance for the employer and the employee.
The employer must:
- Ensure initiation of first aid and eliminate repair activities (e.g. moving machines and devices).
- Ensure the place of the accident is unavailable for any other people, and unapproachable without a reason. It refers to machines and any other technical devices which were stopped due to the accident.
The consent for starting machines and devices or other changes at the accident site is issued by the employer, in agreement with the social labor inspector, after inspecting the accident site and after drawing up, if necessary, a sketch or photograph of the accident site, etc.
Modifications at the scene of the accident without the required consent are allowed only if there is a need to save people or property or to prevent danger.
- immediately notify the labor inspector of the National Labor Inspectorate and the public prosecutor, competent for the place of the incident, about a fatal, serious or collective accident at work and about any other accident that caused such effects and related to work, if it can be recognized as an accident at work.
The inspector can be notified about the accident by phone. Each district labor inspectorate carries out 24/7 phone calls service.
Failure to notify the above-mentioned bodies, including the labor inspector, about an accident at work (fatal, serious or collective), is an offense under 283 § 2 point 6 of the Labor Code and is punishable by a penalty.
- Carry out an accident investigation.
The employee must:
- Report the accident – the accident report is made by the injured person, if his or her health condition allows it.
An employee who has had an accident immediately notifies the fact his / her supervisor.
- Report any claims for the consequences of the accident – the injured party’s rights are not exercised “ex officio”. In these cases, appropriate applications are required – directly to the Social Insurance Institution or to the contribution payer.
Edited by: Urszula Milewska-Marzyńska