Do digital nomads have to comply with occupational health and safety standards during remote work? What occupational health and safety rules apply to remote work in Poland? Are there any special regulations to ensure safety when working remotely from a home office?
Yes, digital nomads who work remotely in Poland must comply with certain occupational health and safety (OHS) standards, although the regulations are somewhat more flexible compared to traditional office work environments. Here are key details regarding OHS rules related to remote work in Poland:
1. Employer’s Obligations
Employers who employ remote workers are required to ensure proper working conditions, even if the employee works remotely from home. While there is no obligation to adapt every home office to corporate office standards, the employer must take steps to ensure the safety and comfort of the worker. The employer’s responsibilities include:
- Risk Assessment – The employer should assess the risks associated with remote work and, if necessary, conduct OHS training.
- OHS Training – For remote work, the employer may organize online OHS training to educate employees on safety rules, how to set up their home office properly, and other work organization issues related to remote work.
- Workstation Setup – While the employer is not required to finance special office furniture at home, they should recommend appropriate workstation setup, such as suggesting ergonomic chairs, proper desk height, or lighting.
2. OHS Rules for Remote Workers
Individuals working remotely in Poland are required to follow several basic health and safety rules that relate to general home office work norms:
- Ergonomics – The home workspace should be properly adjusted ergonomically, meaning the desk, chair, monitor, or keyboard should be positioned in a way that minimizes the risk of injuries or health issues (e.g., back pain, vision problems).
- Lighting – The workspace should be well-lit to avoid eye strain and improper body posture.
- Work Breaks – Remote workers should take regular breaks to avoid fatigue and excessive stress, and to improve productivity.
- Maintaining Order in the Workspace – Remote workers should maintain a clean workspace to avoid hazards such as cables or debris, which could lead to accidents (e.g., tripping).
3. Special Regulations for Remote Work
Although there are no specific OHS regulations solely for remote work, Polish laws regulating workplace safety cover various aspects of working in any environment, including remote work. Key regulations include:
- Labor Code – Regarding remote work, according to the Labor Code, the employer is obligated to ensure safe working conditions, as well as conduct a risk assessment. However, there are no detailed regulations concerning the physical setup of a home office.
- General OHS Principles for Remote Work – In line with general OHS rules, the employer must ensure the health and safety of employees, even when they are working outside the company’s premises.
4. Costs Related to OHS
While the employer’s OHS responsibilities also extend to remote workers, there is no obligation to fund additional equipment for home offices. The employee should independently take care of their workstation. However, if health and safety risks are identified, the employer may be required to intervene.
Conclusion
Digital nomads working remotely in Poland must adhere to general OHS rules, such as having an ergonomic workstation, taking regular breaks, and ensuring workplace safety. While there are no specific requirements for employers regarding OHS in remote work, they must ensure appropriate working conditions, including conducting risk assessments and providing OHS training as needed.
As of: March 8, 2024
Cyberlaw by Judyta 