Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Poland (Ratification: 1968)

I. Article 6 of the Convention and point IV of the report form. 1. The Committee notes the Government's indication according to which the scope of activity of the State Labour Inspection has been extended by the introduction of a legal provision. Now, inspection activities include the supervision and inspection of safety and health conditions at workplaces where work is performed by individuals on the basis of contracts which do not establish an employment relationship, for example agency contracts. It would request the Government to specify the legal basis providing for the extension of responsibilities of the State Labour Inspection.

2. The Committee notes the number of inspections carried out in 1996 in different undertakings working on different sectors. It also notes that these data do not provide any information regarding the number of infringements stated and fines imposed by the inspectors. However, on the basis of the information available from the State Labour Inspection Report 1995, the Committee notes the extent to which national legislation, giving effect to the Convention, is applied. On the basis of this information, the Committee states a lack as regards the practical application of the national legislation in question.

3. The Committee recalls that, according to Article 6, paragraph 2, of the Convention, the Government must take the necessary measures, by means of appropriate penalties, to ensure the application of the legislation. In this respect, it appears that penalties, provided for to ensure observance of safety and health legislation, do not have a sufficiently dissuasive effect. The Committee would therefore draw the Government's attention to the importance of establishing effective sanctions which exert an effective preventive influence against acts contrary to the provisions designed to give effect to the Convention.

4. The Committee would appreciate if the Government would provide in its next report information regarding measures taken or envisaged to ensure full observance of the legislation and, in particular, information on the number of inspections carried out, infringements of the relevant provisions reported and penalties imposed.

II. The Committee also notes that the Minister of Labour and Social Policy is currently preparing a Regulation concerning general occupational safety and health provisions which will replace the Regulation of 6 November 1946. The Committee would request the Government to keep it informed on the adoption of this new Regulation and would ask the Government to supply a copy as soon as this Regulation has been adopted.