The Ministry of Labor and Social Policy is working on amending the regulation on general occupational health and safety regulations. These changes are a response to the implementation of the statutory authorization contained in the amended provisions of the Labor Code.
What do the regulations look like now?
The current regulation requires employers to ensure an appropriate temperature in workspaces, appropriate to the type of work being performed (including metabolic rate and the physical exertion required). This temperature should not be lower than 14°C, unless technological reasons prevent it. The regulations specify a minimum temperature in the workplace, but do not specify a maximum temperature.
What is the employer's responsibility?
Employers are obligated to ensure safe and hygienic working conditions and provide systematic employee training in occupational health and safety. Pursuant to Article 210 § 1 of the Labor Code, if working conditions do not comply with occupational health and safety regulations and pose a direct threat to the health or life of the employee or others, the employee has the right to suspend work, immediately informing their supervisor.
Current labor law regulations only address employee protection in harmful hot microclimates resulting from technological factors, not atmospheric ones. This means that these solutions apply to only a small percentage of employees.
What changes will the new wording of the regulation introduce?
The Ministry plans to introduce, among others, provisions such as:
a) ensuring a temperature in work rooms appropriate to the type of work performed (metabolic rate), not higher than: 28 °C for work with a low and moderate metabolic rate and in office rooms, 25 °C for work with a high metabolic rate, or 22 °C for work with a very high metabolic rate, unless technological reasons do not allow it.
b) the employer shall introduce appropriate organisational solutions for work in open spaces if the temperature exceeds 25 °C;
It should also be remembered that, in accordance with the Labour Code, the employer is responsible for ensuring safe and hygienic working conditions, taking into account changing working conditions, primarily through the use of collective protective measures.
Although these changes can be assessed positively, some believe they may introduce many difficulties in carrying out daily duties and destabilize the functioning of the state economy.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of January 17, 2025
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