The worsening epidemic makes employers wonder what actions should be taken in their enterprises to prevent illness among employees. Clients of our PRWT Accounting Office also face such problems.

Regardless of the circumstances, it should be remembered that every employer is obliged to protect the health and life of employees by ensuring appropriate (safe and hygienic) working conditions with appropriate use of the achievements of science and technology (Art. 207 par. 2 of the Labor Code).

However, the state of the epidemic forced employers to adapt to epidemic conditions, taking into account the above-mentioned recipe. Currently, employers are also required to take measures to protect employees against the possibility of infection with the SARS-CoV-2 virus.

How should they do it?

The answer to this question, at least to a minimum extent, is provided by the Regulation of the Council of Ministers on the establishment of certain restrictions, orders and bans in connection with an epidemic (Journal of Laws of 2021, item 861), hereinafter referred to as the “Regulation”. Pursuant to the provisions of the Regulation, employers are required to ensure:

– disposable gloves and hand disinfectants,

– distance between work stations, which is a minimum of 1.5 meters. If this is not possible due to the nature of the work, the employer should provide employees working at shorter distances with personal protective equipment (gloves, masks, disinfectants).

What about having to cover your mouth and nose in the workplace?

The order to cover the mouth and nose is obligatory in generally accessible places, if there is more than 1 person in the room, unless the employer decides otherwise. If the employer resigns from the obligation to cover the mouth and nose, the requirement to keep the distance of 1.5 meters remains valid. The absolute obligation to cover the mouth and nose applies to people who work in direct contact with the client. (paragraph 25 (1) of the Regulation).

When is nose and mouth may be exposed?

Uncovering the nose and mouth is possible when consuming meals or drinks at work.

Are there any exceptions to the requirement to cover the mouth and nose despite the order?

Yes, according to the regulations, the nose and mouth does not have to be covered by a person due to:

• Pervasive developmental disorders, mental disorders, moderate, severe or profound intellectual disability;
• Difficulty in covering or uncovering the nose and mouth on its own due to dysfunction of the upper limbs;
• advanced neurological, respiratory or circulatory system diseases with respiratory or circulatory failure (par. 25 (4) of the Regulation).

The regulations do not require presenting the employer with a medical certificate documenting contraindications for covering the nose and mouth.

The regulation specifies that the above-mentioned the recommendations are valid until 30 November 2021. Due to the continued development of the epidemic, new recommendations may be issued after this time.