Poland – Construction sector

2017-2020 NATIONAL ACTION PLAN

Pillar I: The state’s duty to protect human rights

1. Regulations relating to business and human rights under Polish law

Occupational safety and health [page 14]

“The provision of safe and hygienic working conditions to employees is also ensured by the provisions of other laws, including the Construction Law, Atomic Law, and Geological and Mining Law.”

Pillar II: Access to remedies

3. National Labour Inspectorate (PIP): an institution that oversees business and human rights

Supervisory and inspection activities [page 47]

“The National Labour Inspectorate actively supports employers’ involvement in issues concerning safety and working conditions, as well as employee participation, both in its oversight and inspection capacity and in its preventive and promotional activities. These include seminars, conferences, and training meetings with employers involved in permanent workplace safety improvement programmes (enhanced oversight in industrial establishments, permanent inspections in construction, rail infrastructure, forestry, and mining sectors).”

2021-2024 NATIONAL ACTION PLAN

2. Ministry of Development Funds and Regional Policy

Accessibility Plus Programme

In the years 2021-2027, initiatives launched in previous years will be continued. In order to provide architectural advice to entrepreneurs, it is planned to launch five accessibility knowledge centres at higher education institutions. The Centres’ fields of operation will concern: architecture, urban planning and construction, transport and mobility, digitalisation and communication, design and everyday objects, and health. Specialised Support Centres for Inclusive Education (SCWEW) will be established, based on special schools and institutions, to support mainstream schools and improve the quality of inclusive education. – page 8

Development of new technical and construction conditions for buildings

In connection with the amendments to the Act of 7 July 1994 – Construction Law introduced by the Act of 5 July 2018 on facilitations in the preparation and implementation of housing investments and accompanying investments (Journal of Laws item 1496) and the Act of 19 July 2019 on providing accessibility to persons with special needs (Journal of Laws item 1696), hereinafter referred to as the ‘Accessibility Act’, it is necessary to issue a new regulation specifying technical and construction conditions for buildings. These regulations should enter into force no later than 36 months from the date of entry into force of the Accessibility Act, i.e. from 20 September 2019.

Due to the significant development in the field of design and implementation of investments, it is necessary to adopt solutions that will correspond to current technologies used in the construction industry, as well as accelerate and facilitate the process of implementation of investments, while being transparent and understandable for the recipient. In addition, issuing a new regulation will render it possible to introduce changes and clarify those regulations which currently raise interpretation doubts.  – page 12-13

12. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

Article 95, according to which the contracting body shall specify in the contract notice or procurement documents for service or construction works the contract performance requirements related to employment by the economic operator or subcontractor under an employment contract of persons performing activities within the contract performance, specified by the contracting body, if the performance of these activities involves the performance of the work in a manner specified in Article 22 § 1 of the Act of 26 June 1974 – the Labour Code. – page 33

13. National Labour Inspectorate

Supervisory and inspection activities

The National Labour Inspectorate actively supports employers’ involvement in issues concerning safety and working conditions, as well as employee participation, both in its oversight and inspection capacity and in its preventive and promotional activities. These include seminars, conferences, and training meetings with employers involved in permanent workplace safety improvement programmes (enhanced oversight in industrial establishments, regular inspections in construction, rail infrastructure, forestry, and mining sectors). – page 37