Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the Government’s report and the information provided in reply to its comments. It further notes the amendments that have been introduced in 2001 to the Law on 6 March 1981 on the National Labour Inspectorate, Official Gazette No. 124 of 2001, text 1362, as well as the adoption of the Law of 21 June 2001 concerning the amendment of the Law on the National Labour Inspectorate and the Law on Executive Proceedings in Administration, Official Gazette No. 76 of 2001, text 809. With reference to its previous comments, the Committee draws the Government’s attention to the following points.

1. Article 6 in conjunction with Part IV of the report form. The Committee notes the number of inspections carried out by labour inspectors in 2001, the infringements reported and the penalties imposed. It notes with concern that the inspectors had to issue a decision on nearly half of the enterprises inspected, and that 61 per cent of the infringements revealed were due to non-observance of legislation on occupational safety and health. The punishments consequently inflicted on these enterprises in form of a fine have been imposed either directly by the inspectors or by courts and committees. On the basis of these numbers, the Committee notes the extent to which the national legislation giving effect to the Convention is applied. It notes a deficit with regard to the practical application of the Convention. In this respect, the Committee refers to its previous comments where it had noted that the information available from the State Labour Inspection Report 1995 had drawn a similar picture. It therefore still appears to the Committee that the penalties applicable under the national legislation for the violation of occupational safety and health legislation do not have a sufficiently dissuasive effect. Recalling the provision of Article 6, paragraph 2, of the Convention, providing for the necessary measures in the form of penalties to be taken to ensure the enforcement of laws and regulations designed to give effect to the provisions of this Convention, the Committee requests the Government to take the necessary measures regarding the establishment of a system of sanctions that will exert an effective preventive influence against acts contrary to the legislation applying the Convention.

2. In its previous comments, the Committee noted the Government’s indication that the Ministry of Labour and Social Policy was preparing a Regulation concerning general occupational safety and health provisions to replace the Regulation of 6 November 1946 on the same matter. In absence of information in this regard, the Committee requests the Government to indicate whether the Ministry of Labour and Social Policy has already tabled a bill concerning general occupational safety and health provisions, and, if so, it requests the Government to indicate the present state of the legal process.