Poland Implements Worker Protection Against Reprotoxins

An amendment to the Labour Code has expanded worker protection to include reprotoxic substances (i.e. substances capable of causing infertility, miscarriage or fetal developmental defects).

The amendment, which went into effect on 29 June, transposes a 2022 EU Directive into Polish law. It adds several named reprotoxins to the section of the Labour Code that covers carcinogens and mutagens in the workplace. Work is also under way to issue secondary legislation imposing new duties on employers.

In accordance with the new law, employers must strive to replace reprotoxins with substances that are less harmful to health. If this is impossible, the substance must be produced and used in a closed system. Only where substitution and closed circulation is technically unfeasible may the employer resort to prevention measures to limit exposure.

Employers must:

• make sure reprotoxic substances are included in the investigation and measurement of workplace factors that are harmful to health;

• analyse the nature, degree and duration of worker exposure to health risks from reprotoxins;

• make a health and safety risk assessment and establish measures to be taken to eliminate or reduce these risks;

• register jobs involving exposure to reprotoxic substances and register workers employed to do those jobs, and keep these records for 40 years after the end of exposure;

• make sure State Labour Inspection has access to information about business operations or industrial processes that use reprotoxic substances and about the number of workers exposed, the preventative measures taken, and the protective equipment used;
  
  
• make sure those working under exposure are notified about:
  
  
  • any containers, packages and installations containing reprotoxic substances and about the related labelling and warning requirements;
    
    
  • the hygiene requirements to be satisfied to limit exposure to reprotoxic substances;
    
    
  • the need to use personal protection equipment and to keep everyday and protective clothing in different places;
    
    
  • the need to properly clean and store protective equipment, and to replace or repair it if damaged; and
    
    
  • the steps taken to prevent incidents and the steps to be taken by workers during rescue actions or incidents;

• ensure that exposed workers receive training about health risks resulting from the safety and health assessment, including the additional risks due to smoking tobacco, and about precautions to be taken to limit exposure; and

• consult with workers' representatives about the design and implementation of any measures to prevent exposure to reprotoxic substances.

Takeaway for employers

Employers in Poland should already be taking steps to protect employees from carcinogens and mutagens. They must now take similar steps with regard to reprotoxins.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.