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Special solutions related to the COVID-19 coronavirus epidemic

With regard to the COVID-19 coronavirus epidemic, the following provisions were published in the Official Journal, respectively on 7th and 13th March 2020, which also affect employers and employees, their health and safety: The Act of March 2, 2020. on specific solutions related to the prevention, counteraction, and eradication of COVID-19, other infectious diseases and crisis situations caused by them (O.J.2020.374) and the Regulation of the Minister of Health of March 13, 2020 regarding the announcement of an epidemic threat in the territory of the Republic of Poland (O.J.2020.433). They introduce special preventive measures as well as temporary solutions and restrictions in various types of activities:
  • In order to counteract COVID-19, the employer may recommend to the employee, for a fixed period, work in an employment contract, outside the place of its application (remote work),
  • The President of the Council of Ministers may, in connection with counteracting COVID-19, issue orders to legal persons and organizational units without contact personality and managing entities. Orders are issued by way of an administrative decision, immediate execution is given upon delivery or announcement, and does not require a justification.
  • The Chief Sanitary Inspector or the local sanitary inspector operating under his authority may issue to legal, physical and organizational units without personality , to therapeutic entities, to employers:
  – decisions imposing an obligation: a) taking of preventive or control measures applied and require information on it from them b) distribution: – medicinal products, foodstuffs for particular nutritional uses or medical products – in relation to pharmaceutical wholesalers, – personal protective equipment – towards manufacturers, distributors or importers.  
  • In the period from March 14, 2020 until further notice, on the Republic of Poland The general state of epidemic threat in connection with SARS-CoV-2 virus infections.
  • During the period of danger, the entrepreneur is obliged to notify the Province Governor of this entrepreneur’s seat or residence, not later than 24 hours before intending to export or dispose of products outside the territory of the Republic of Poland:
  1) safety goggles, 2) TYVEK suits, 3) masks type FFP2 / FFP3, 4) surgical masks, 5) shoe covers (footwear), 6) latex gloves, 7) nitrile gloves, 8) measures for disinfecting hands, surfaces and costs.  
  • Temporary limitation of activity:
a) consisting in the preparing and serving meals and drinks to guests sitting at tables or guests making their own choice of dishes from the displayed menu, consumed on site, excluding the implementation of services consisting in the preparation and serving of take-out food or its preparation and delivery, as well as restaurant or bar operations in means of transport , carried out by separate units, b) connected with the organization in a commercial facility with a sales area over 2000 m2 – time restriction: 1) retail trade to tenants of commercial space whose predominant activity is to trade: a) textile products, b) clothing products, c) footwear and leather products, d) furniture and lighting equipment, e) radio and television equipment or household appliances,   The latest legal news on coronavirus is, that starting from 20th March state of emergency epidemic was changed to state of epidemic (by: Regulation of the Minister of Health of 20 March 2020 regarding the announcement of the state of the epidemic in the territory of the Republic of Poland – O.J. 2020.491) . It keeps the same restriction as mentioned above, and additionally gives some restrictions on crossing the borders (obligation of 14 days quarantine), the obligation of informing the employer by the employee who is under quarantine about this fact. There are no sharp restrictions to travels (no obligation to stay at home but it is recommended), but, schools, big shopping centers, cultural institutions, restaurants, etc. are closed. Many people work remotely if they can. Join our Red-on-line discussion group on LinkedIn to share with EHS managers, our legal team and William Dab: Covid-19 – HSE Red-on-line Experts Forum  

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