Legal issue of occupational diseases
Wybrane pełne teksty z tego czasopisma
For an affection to be acknowledged as an occupational disease, it is necessary to determine whether a given disease is listed on the schedule of occupational diseases, and to be able to state unquestionably or with a high dose of probability that it has either been caused by factors harmful to health occurring in work settings, or else, that it has resulted from a particular manner of work performance. Thus, in the context of Polish law, the category of occupational diseases does not cover all health outcomes that may affect an employee as a result of work performance. However, there is a great number of work-related affections that are not featured on the occupational diseases' schedule. There are also so-called paraoccupational diseases, which pose just as serious problem as occupational diseases do. Contrary to the recommendations of the European Union, the Polish legislator did not make any essential changes to the national regulations in the sphere of occupational diseases. Most strikingly, the schedule (list) of occupational diseases has not been extended, as this would mean a rise of the cost of labour and of the social security expenditure. Henceforth, it is necessary to devise in our country such legal framework in the sphere of occupational diseases, which would allow to acknowledge as occupational diseases also other work-related affections that currently do not feature on the occupational diseases' schedule, but the professional nature of which and origin may be confirmed. A significant element of prevention treatment as applied by employers should also include the making of transfer onto another work post, i.e. such work post that would be suitable due to worker's state of health, shall his or her working in the current placement pose a threat to health and a risk of permanent loosing of working ability.
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