A missing current OHS training certificate or medical certificate looks like a trifle until an inspection comes or an accident happens. Then the same gap turns into concrete liability.
An offence under the Labour Code
Under Art. 283 § 1 of the Polish Labour Code, anyone who, being responsible for the state of occupational health and safety or managing employees or other natural persons, fails to comply with OHS regulations or rules is liable to a fine from PLN 1,000 to PLN 30,000. Allowing an employee to work without the required OHS training or without a valid medical certificate falls under this provision.
Liability does not concern only the owner of the company. The provision covers anyone who manages employees, so also a shift manager or a team leader who allowed a person without medical examinations to work.
What a PIP inspector can do
After an inspection, a labour inspector may:
- impose an on-the-spot fine for the offence,
- file a motion for punishment with the court if they consider the on-the-spot fine insufficient or the offender has refused to accept it,
- issue an order to remedy the irregularities within a set deadline, and in the event of a direct threat to life or health — an order to stop the work or to transfer employees to other work,
- issue a request to remedy irregularities that do not require an order.
The legal basis is the Act of 13 April 2007 on the National Labour Inspectorate.
After an accident: criminal and civil liability
If an accident occurs and the injured person did not have the required training or medical examinations, this gap goes into the accident report as an organisational cause. The consequences may go beyond the offence:
- criminal liability under Art. 220 of the Polish Criminal Code — exposing an employee to a direct danger of loss of life or serious harm to health by failing to fulfil OHS duties,
- civil claims by the injured person against the employer, supplementing the benefits from ZUS (Social Insurance Institution),
- ZUS recourse — if the accident was caused by a gross breach of OHS regulations by the employer, ZUS may seek reimbursement of the benefits paid.
Why this happens in well-organised companies
Not from a lack of knowledge. From the lack of a single place that shows whose training, medical examination or qualification expires and when. A binder and a spreadsheet do not send reminders. In the OHS app every deadline has a date and an advance notification, and the employee record shows gaps before the inspector sees them. More on the OHS at ErgoFlow page.
Legal status as of October 2026. This article is for information only and does not replace legal advice.
