Preparation for a new job

Entering the job market is a major milestone for many students. The desire to prove oneself and gain experience is often accompanied by strong emotions, causing us to forget about the legal and formal aspects of this process. It should be noted that the process of taking up a position and permitting an employee to begin work is a regulated procedure aimed primarily at protecting the interests, health, and safety of the person starting the job. In this regard, the employer has obligations regulated by labor law provisions that cannot be bypassed

Regardless of where we will be working – whether in a restaurant, an office, or a production hall – we must go through a preparatory procedure that will allow for a smooth and safe assumption of the new position. The purpose of this article is to look at the key stages of this process from the perspective of a person entering the job market. We will discuss the most important rules related to referrals for preventive occupational medicine examinations, the course and purpose of occupational health and safety (OHS) training, as well as the importance of familiarizing the employee with the occupational risk assessment for their position. Knowing and being aware of these procedures, as well as the ability to enforce them, is one of the fundamental steps in starting a career and a new professional adventure.

Preventive medical examinations – the foundation of admission to work

Before a new employee takes up a position – logs into the company computer, stands behind the counter, or crosses the threshold of the production hall – they must visit an occupational medicine physician. This must take place before the employee starts work; it cannot be skipped or carried out verbally. The legal basis in this case is Art. 229 § 4 of the Kodeks pracy (Labor Code), which states: „The employer may not admit to work an employee without a valid medical certificate stating that there are no contraindications to work in a specific position under the working conditions described in the referral for medical examinations”.

From the perspective of a person entering the job market – including a student taking up their first serious employment – it is crucial to understand that both the initiative and the burden of organizing these examinations should rest with the employing entity. The employer’s obligation is to issue an official referral, which should precisely describe the position and all harmful, strenuous, and dangerous factors the employee will encounter as part of their work (including forced body posture, work with a screen monitor for more than 4 hours a day, working at heights, and the like). The role of the occupational medicine physician is not to examine overall health, but to reliably assess whether whether the person is fit to work under the specified conditions detailed in the referral.

Young employees are often misled – especially in the context of financing the examinations. The regulations, particularly Art. 229 § 6 of the Kodeks pracy, unequivocally protect the interests of the employed person and make the matter clear: „The examinations referred to in § 1, 2, and 5 are carried out at the employer’s expense, subject to § 6¹. The employer also bears other costs of preventive health care for employees, necessary due to the working conditions”. This means that any practices consisting of requiring the candidate to pay for preliminary medical examinations themselves (even with the promise of later reimbursement in the first paycheck) are a violation of labor law. The employer should have a signed contract with the specific occupational medicine facility to which they refer the employee, and direct financial settlement takes place between these entities.

At this point, it is worth bringing up the specific nature of civil law contracts, such as the civil law contract (umowa zlecenie) most popular among students. Regulations regarding mandatory preliminary examinations refer directly to full-time employees, however, Art. 304 § 1 of the Kodeks pracy imposes on the employing entity the obligation to ensure safe working conditions also for persons providing work on a different basis. In jurisprudential practice, this means that if the type of tasks performed under a civil law contract carries a health risk (e.g., physical labor, machine operation, contact with harmful factors), the principal has the full right – and often the obligation – to refer the student to an occupational medicine physician before admitting them to their duties. However, one must remain vigilant: in the case of civil law contracts, the issue of covering the costs of such examinations is not as strictly protected by the act as is the case with an employment contract. Although it is a market standard and good practice for the principal to finance the certification, civil regulations provide the parties with freedom here. Therefore, it is so important to ensure and negotiate before signing the civil law contract that the cost of any occupational medicine examinations rests with the company and will not be deducted from the first remuneration.

OHS Training – safety instructions at the workplace

Once you have the medical certificate confirming that your body will cope with the new challenges, it is time to get acquainted with the work environment. Occupational Health and Safety (OHS) training is often wrongly associated by young employees with a boring, purely formal lecture that simply needs to be „sat through”. In reality, it is a crucial moment of onboarding into a new role, and for the employer – another absolute legal obligation. The Kodeks pracy clearly defines this issue in Art. 237³ § 2: „The employer is obliged to provide the employee with training in the field of occupational health and safety before admitting them to work, as well as conduct periodic training in this area. Employee training prior to admission to work is not required if they take up work in the same workplace position they held with a given employer immediately before concluding another employment contract with that employer”.

Preliminary OHS training is not a uniform course, but consists of two inseparable parts designed to prepare you for various scenarios. The first of these is general instruction. It is most often conducted by an OHS specialist or an HR employee. It is during this part that you should find out what the evacuation routes in the building look like, where first aid kits are located, what the rules for providing first aid in the company are, and what rights and obligations the work regulations impose on you.

The second part, much more important from the perspective of your daily safety, is on-the-job training. It is conducted by your direct supervisor or a designated, experienced employee. This should not be a dry handing over of the regulations to read. The supervisor has an obligation to physically show you your workplace and discuss the hazards present there. Regardless of whether your work tool will be an advanced espresso machine, a forklift, or simply a computer workstation – you must be instructed on how to use the equipment so as not to harm yourself or your coworkers.

Many people who are starting their careers and taking their first steps in the serious job market are not aware of an important provision (Art. 237³ § 3 of the Kodeks pracy), which states: „The training referred to in § 2 takes place during working hours and at the employer’s expense”. In practice, this means one thing – the time devoted to OHS training counts towards your working time. If the training lasts four hours, you should receive normal remuneration for those four hours. Requiring an employee to come to training „after hours” on their own free time is against the law.

The entire process ends with the signing of the so-called preliminary OHS training card. Placing your signature on it is your declaration that you have actually been familiarized with the rules and know how to work safely. Therefore, never sign this document blindly if the on-the-job training did not take place – in the event of a possible accident at work, this signature removes part of the responsibility from the employer and transfers it to you.

Similar to medical examinations, these rules also apply to civil law contracts if the nature of the work requires knowledge of specific safety procedures (in accordance with the previously mentioned Art. 304 § 1 of the Kodeks pracy).

Awareness of hazards and equipment

After passing the medical examinations and OHS training, the employer is obliged to complete two more important formalities: to familiarize the employee with the occupational risk assessment and (if the specifics of the position require it) to equip them with appropriate equipment and clothing. Every work environment, even seemingly the safest one, generates specific hazards. In the office, this may be an overload of the musculoskeletal system, in gastronomy – the risk of burns or slips, and in the warehouse – mechanical injuries. The Polish legislator requires the employer to identify these dangers in advance and inform the employees about them. This issue is regulated by Art. 226 of the Kodeks pracy:

„The employer: 1) assesses and documents the occupational risk associated with the work performed and applies necessary preventive measures to reduce the risk; 2) informs employees about the occupational risk associated with the work performed and about the principles of protection against hazards”.

A person taking up a job should receive an occupational risk assessment sheet to read and sign, which contains a description of the workstation, identified hazards, the scale of risk, and preventive measures that reduce the risk. This is a very important procedure – in the event of an accident at work, one of the first documents checked by inspectors is precisely the confirmation that the employee knew what to watch out for.

Indissolubly linked to the risk assessment is the issue of physical protection of the employee. If the documentation shows that your work requires protection against dangerous factors, another extremely important provision comes into play – Art. 237⁶ § 1 of the Kodeks pracy: „The employer is obliged to provide the employee free of charge with personal protective equipment safeguarding against the effects of dangerous and harmful to health factors occurring in the work environment and to inform them about the ways of using these means”.

Personal protective equipment (PPE) covers a wide range of items, clothing elements, or tools – these can be, for example, helmets, safety glasses, gloves, or specialized steel-toed footwear. Regardless of whether you sign an employment contract or a civil law contract (here again Art. 304 § 1 of the Kodeks pracy mandating the provision of safe conditions applies), you are not obliged to buy this equipment out of your own pocket. This equipment must have appropriate certificates and be maintained on an ongoing basis by the employer.

PPE should be separated here from ordinary work clothing (e.g., a company t-shirt, a waiter’s apron, and so on), which the employer (in accordance with Art. 237⁷ of the Kodeks pracy) should provide if your own clothing could be destroyed or significantly soiled. Furthermore, if the employer is unable to wash this clothing on their own and entrusts this obligation to you, the provisions of the Kodeks pracy (in the case of full-time employment) guarantee you the payment of a special financial equivalent for the incurred costs of water, electricity, and detergents.

Summary

Going through occupational medicine examinations, reliable OHS training, getting acquainted with the occupational risk assessment, and being equipped with appropriate protective equipment is not merely a burdensome, bureaucratic requirement. It is primarily a process intended to realistically protect the health and life of the employed person, and which must be concluded before the actual provision of work begins.

Finally, however, one fundamental issue must be very clearly emphasized: the provisions of the Kodeks pracy cited in the article, in their basic, most rigorous, and protective form, apply exclusively to employment based on an employment contract (so-called full-time job). It is precisely this type of contract that guarantees unconditional protection, including the absolute coverage of the costs of examinations or clothing by the employer and the inclusion of training time in working time.

In the case of civil law contracts (such as the civil law contract dominant among students), the situation is different. Although the company has a general obligation to provide the employee with safe conditions (in accordance with Art. 304 § 1 of the Kodeks pracy) and in the case of risky work should also require examinations or knowledge of OHS, the rules for covering the costs of these procedures are based on the freedom of contract. This means that if this is not negotiated before the signature is submitted, the costs of occupational medicine or training may formally burden the worker.

Regardless of the type of contract concluded, one thing should be remembered: knowledge of rights and legal requirements is not entitlement, but a sign of professionalism. A smart and safe start is the foundation of a successful professional career.