European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
Art. 211.1 of the Labour Code; Art. 237³ and 237⁴ of the Labour Code; Art. 108 of the Labour Code; Whole regulation of the Minister of Economy and Labour of 27 July 2004 on training in the field of occupational health and safety, Journal of Law 2004 Nr 180, Item 1860
Compliance with health and safety (OSH) regulations and rules is a fundamental duty of every employee. For non-compliance with those regulations, as well as with the order of work, an employer can apply a reprimand or a warning. It is a responsibility of an employer to provide OSH training to the employees, and employees are required to participate in such trainings.
Employees' obligation to participate in the OHS training is governed by Article 211.1 of the Labour Code, which states that they are required to be familiar with OSH regulations and principles, participate in training and instruction in this area, and undergo the required proficiency examinations. The following points under this Article (2-7) regulate other employees' obligations concerning OSH and the order of work.
On the side of the employer, employees' training obligations is regulated in Article 237 of the Labour Code. Under Article 237³ §1 of the Labour Code, an employer is prohibited from allowing an employee to perform work if the employee: * lacks the required qualifications, * does not possess the necessary skills, * or does not have sufficient knowledge of OSH regulations.
In accordance with §2, the employer is obliged to provide initial OSH training prior to the commencement of employment and to ensure periodic training thereafter. All OSH training, as stated in §3, must be conducted during working hours and is fully financed by the employer.
Article 237⁴ further outlines the employer’s responsibilities: * §1: The employer must ensure that employees are familiarised with the OSH regulations relevant to their work. * §2: Detailed instructions and guidelines concerning health and safety must be issued for each workplace. * §3: Employees are required to confirm in writing that they have read and understood these regulations.
Regulation of the Minister of Economy and Labour on training in the field of occupational health and safety entered into force on July 1, 2005, and specifies detailed rules for training in OSH, the scope of such training, requirements for the content and implementation of training programmes, the method of documenting training, and cases in which employers or employees may be exempt from certain types of training.
According to §2, the employer is obliged to ensure that the employee receives training appropriate to the type of work performed.
As outlined in §3, the training must equip the employee with knowledge of hazards, including awareness of environmental factors that may pose risks to health and safety at work, as well as preventive measures. It must also provide knowledge of legal duties, ensuring the employee understands the OSH regulations and obligations necessary to perform their job safely. Furthermore, the training must develop skills, enabling the employee to work safely, respond appropriately in emergency situations, and administer aid to individuals injured in workplace accidents.
Under §4, training may be organised directly by the employer or by specialised training organisations contracted by the employer.
§9 specifies the content of general and on-the-job instruction.
In Poland, the obligation to provide OSH training is a legal requirement, though the entities responsible for delivering such training can vary. OSH experts in Poland are specialists tasked with ensuring safe and hygienic working conditions, and they may operate either internally within companies or externally as independent providers. According to a 2020 report, there were approximately 5,600 external OSH entities, including individual professionals and companies offering OSH services, while between 26,000 and 32,000 employees worked as internal OSH experts within enterprises. The OSH prevention service functions as both a control and advisory body, reporting directly to the employer as required by law. These experts possess specialised knowledge and skills that allow them to assess occupational risks, develop preventive measures, provide employee training, and monitor compliance with safety regulations in the workplace. Unlike in the communist era, today’s external prevention services and OSH experts operate as private professionals rather than as part of a public system. The legal framework for these functions is established by the Council of Ministers’ Regulation of 2 September 1997 on the OSH service, which defines such organisational units within enterprises as supervisory bodies responsible for monitoring workplace conditions, composed of one or more qualified individuals appointed by the employer
Eurofound (2025), Poland: Employees obligation to undertake training, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/employees-obligation-to-undertake-training/poland
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