Depending on the size of the company and its activities, different health and safety issues need to be considered and the right specialist involved. Let's look at the most important ones:
• The employer must sign a contract with a so-called company doctor. The employment doctor is required to carry out an examination once a year to check that workers are fit to do the job.
• It is advisable to hire a company specializing in fire and safety to draw up the necessary regulations.
• The employer must ensure that:
- the conditions for first aid at the workplace must be provided (first aid equipment (small box, first aid station within the premises/office,
- the appointment and training of designated first-aiders);
• a report must be drawn up on the contact protection inspection (reports confirming the rectification of any deficiencies noted); - an electrician must be sought for this task who is qualified to do so
• If hazardous substances are used in the activity, records must be kept and safety data sheets must be provided (obligation to notify the NNK);
• It's worth electing an OSH representative • It is the employer's responsibility to check that the employee arrives fit for work.
Fire safety
Government Decree 259/2011 (7.12.2011) defines the infringements that are punishable by a fire safety fine. The Decree states that the first instance authority is the Disaster Prevention Branch, so they can be relied upon during a fire safety inspection.
• Pursuant to the authorization granted by Section 47 (2) o) of Act XXXI of 1996 on Fire Protection, Technical Rescue and Fire Brigades (hereinafter referred to as the Fire Act), I hereby order the following:
• Article 1 (1)=' The Fire Safety Regulations (hereinafter referred to as the Regulations) listed in Article 19 (1) of the Fire Safety Act shall be prepared before the commencement of the normal activity and shall be ordered to be applied from the date of commencement of the activity.
• (2) In the case of a permanent trial run, provisional Regulations may be drawn up for a period of up to six months. The final version of the Regulations shall be issued within 30 days of the end of the trial period.
Generally speaking, the authority will inform the customer in writing of the planned inspection before the inspection, but this is not an obligation. However, in the case of a complaint from a member of the public or an anonymous complaint, the authority has the right to visit the employer at any time without prior information.
It is therefore also extremely important that we carry out our activities in accordance with fire safety regulations.
If you are operating in your own office/apartment, it is your responsibility to comply with this and to provide the necessary fire extinguishers. If it is a rented office, it is worth due diligence to check that the landlord has appropriate policies and procedures in place.
Is an employment safety and health regulation compulsory?
It is not compulsory to draw up an employment safety and health regulation, but according to the Employment Safety and Health Act (further on referred as ‘ESH’) (Act XCIII of 1993, Mvt.), the employer is responsible for ensuring a safe working environment that does not endanger health and for ensuring that it meets the necessary requirements. It is up to the employer to decide how to do this, but the drawing up of rules is a well-established and proven form of OSH practice, as it contains a set of enforceable points rather than specific instructions.
How does the Code help?
The ESH policy is an internal regulation, it does not depend on the number of staffs, it is defined by ESH professional requirements. It is essential to bear in mind that once the company has adopted and implemented it, the authorities can monitor its application. The regulations must be observed and complied with, and if not, fines may be imposed.
In the event of a workplace accident, the policy and procedure is important (e.g. did the worker know that there was dangerous machinery, a place where a ladder was needed, etc.)
Suggested content:
• territorial scope
• personal scope
• temporal scope
• hazard classification
• duties, rights and obligations of both the employer and the employee
• the arrangements for medical examinations
• Provision of personal protective equipment, protective drinks, cleaning equipment and products
• staff requirements
• workplaces, work processes, jobs, work equipment subject to employment restrictions
• the use of potentially dangerous substances and preparations
• requirements for work management
• protecting non-smokers • requirements for screen-based workplaces
• first aid insurance
• Employment safety procedures e.g. for dangerous work
• Accidents at work, employment diseases reporting, investigation and registration
Once the rules are in place, what else will be needed?
Employment health and safety training, summarized below:
• Training of current employees (this can be done orally or by handing over written material) But this must be recorded on an attendance sheet, dated and archived
• recurrent training should be given at specified intervals
• new colleagues should always be given training and information
• special training should be provided if, for example, a new activity or area is involved.
• It is essential that training is documented.
Legal background (excerpts from the ESH Act)
• Mvt. § 2 (3) The employer shall determine how the requirements for safe and healthy work are to be met, within the framework of legislation and standards.
• Mvt. Section 12 An employer's provision pursuant to Section 2 (3) shall also be deemed to be a rule on employment safety and health.
• the Mvt. Article 54 (1) In order to ensure safe and healthy work, the employer shall consider the following general requirements:
(g) the development of a coherent and comprehensive prevention strategy covering the work process, technology, work organization, working conditions, social relations and the impact of work environment factors;
• Mvt. Section 54 (6) The development of the content of the prevention strategy specified in paragraph (1) (g) on employment safety and health shall be considered as an employment safety and health activity.
The role of the medical examination
One of the most important requirements is that all employees and new entrants to the workplace must undergo a pre-employment assessment of the suitability of the person the employer intends to employ for the job the commencement of employment Mvt. According to § 49 (1), an employee may be employed only for a job and if:
• employment does not adversely affect the health, physical well-being or healthy development of the minor,
• employment does not pose a risk to their offspring,
• has been found suitable for the job, as defined in specific legislation.
• Health compliance must be decided on the basis of a preliminary medical examination and, in the case of jobs defined in Decree 33/1998 (VI. 24.) NM (e.g. annually for screen work), a periodic medical examination.