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Who is legally responsible for workplace health and safety?Need help related to this topic?
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Understanding legal responsibility for occupational safety and health (OSH) in the workplace can be complex. While the Labor Code primarily assigns baseline responsibility to employers, OSH officers and external safety consultants can also face significant personal liability. This article explores how statutory laws and judicial precedents divide accountability between employers and safety specialists.
Who is ultimately at fault when a workplace accident occurs? Under statutory labor law, primary responsibility for maintaining safe working conditions lies with the employer. However, the legal liability of OSH (Occupational Safety and Health) officers and external safety advisors is far more nuanced, extending into potential criminal liability in cases of professional negligence.
Under Article 207 of the Polish Labor Code, the employer bears full legal responsibility for the state of occupational safety and health within the enterprise. Hiring internal OSH specialists or engaging external advisory agencies does not relieve the employer of this primary duty.
Furthermore, under Article 304 of the Labor Code, the employer's duty of care extends beyond standard full-time staff to include:
According to Article 23711 of the Labor Code, mandatory safety management structures depend on company headcount:
An internal OSH officer cannot be subjected to negative employment consequences simply for performing assigned statutory duties. However, like any employee, an internal safety officer is subject to workplace discipline under Article 108 of the Labor Code. In cases of duty neglect, an employer may issue formal warnings, reprimands, or financial penalties.
Under Article 283 of the Labor Code, regulatory fines ranging from PLN 1,000 to PLN 30,000 for safety violations are imposed directly on the employer or designated managerial personnel (e.g., directors, plant managers, supervisors). Non-managerial OSH advisors are generally not subject to these administrative fines unless they hold direct supervisory authority over operational staff.
While labor law holds the employer accountable for operational conditions, criminal law applies directly to safety specialists. Under Article 220 of the Polish Penal Code, anyone responsible for occupational safety who fails to fulfill their duties—thereby exposing workers to direct risk of loss of life or severe health damage—faces up to 3 years in prison.
If the offense is committed unintentionally through negligence, penalties include fines, restriction of liberty, or imprisonment for up to 1 year. However, if the specialist voluntarily eliminates the dangerous condition before harm occurs, criminal penalties may be waived.
Judicial precedent confirms that criminal liability under Article 220 extends directly to OSH officers and external auditors. In notable decisions (ref. IV KK 516/19 and IV KK 216/12), the Supreme Court ruled that any individual entrusted with auditing and controlling workplace safety—including external OSH consultants—can be held criminally liable if a failure to inspect, or an improper safety inspection, exposes workers to danger.
Consequently, safety specialists are exempt from criminal liability only if they perform their inspection, risk assessment, and advisory duties diligently and in full compliance with professional standards.