New requirements for a computer station utilizing distant portable systems

By 17 May there is simply a time to adapt workstations equipped with screen monitors to the requirements of the amendment Regulation of the Minister of Labour and Social Policy of 1 December 1998 on wellness and safety at work in positions equipped with screen monitors. In modified Regulation no distant work has been identified in any way, and so distant work stations must besides be designed to the required principles of safety and ergonomics.

Remote work is simply a work performed in full or in part in a place designated by the worker and each time agreed with the employer, including the address of the employee's residence, in peculiar by means of direct distance communication.

OSH worker statement

With respect to distant work, the legislator in Article 67³¹ paragraph 1 Work Code excludes the work to apply certain wellness and safety provisions. However, this exemption does not include requirements:

• Safety and ergonomics for workstations equipped with screen monitors,
• concerning the organisation of work on stations equipped with screen monitors.

In addition, according to the law, the head of staff does not organise a distant occupation in accordance with the regulations and principles of wellness and safety.

Important: Allowing a individual to execute distant work should be preceded and subject to a paper or electronic message by the worker, confirming that safe and hygienic conditions of that work are ensured at the distant work station at the location indicated by the individual and agreed with the employer. It is the individual who arranges his own distant workstations, taking into account the principles of ergonomics (Article 67³¹ paragraphs 7 and 8 Work Code).

Example: The worker made a declaration in mid-2023 that the distant work post was organised, inter alia, with the provision of requirements for Regulation.

The provisions do not explicitly require specified a message to be taken back after the amendment Regulations. However, specified a solution should be applied for the full clarity of compliance of the equipment with the fresh regulations. This is peculiarly crucial in view of the fresh government on wellness and safety requirements erstwhile utilizing portable systems. It would be hard for an worker in mid-2023 to declare the compliance of the workplace with the wellness and safety requirements to measure this compliance on the basis of the provisions not yet in existence.

Portable systems

Remote work is frequently done utilizing computer portable equipment – laptop. It is so crucial that the fresh regulations indicate that erstwhile portable systems are utilized at a given workplace for at least half of the regular working time, the workplace should be equipped with:

• desktop display or stand ensuring the setting of the screen so that its advanced edge is at the tallness of the worker's eyes,
• additional keyboard,
• mouse.

This is mandatory equipment for each workplace – including 1 on which work is performed remotely utilizing a portable strategy performed by half of the regular working time.

Important: utilizing a portable strategy for half the working time means doing so for at least half of the full working time per day. We do not mention here to the degree of the employee's employment.

The question arises as to whether an employer has to give these items to all distant worker. If the worker makes a message that the post is decently equipped, then there is no request to do so (the employer should be able to do so). remote control among others, in the field of wellness and safety – Article 67²⁸Work Code). However, if the worker requests specified equipment, it will be essential for the employer to do so.

The issue of the cash equivalent or the lump sum for distant work, which is very frequent (it can be said that the standard) method of accounting for the costs of distant work, should besides be addressed. In determining the amount of the equivalent or lump sum, account shall be taken in peculiar of the standards for the usage of working materials and tools, including method equipment, their documented marketplace prices and the amount of material utilized for the employer's needs and marketplace prices of this material, as well as the standards for electricity consumption and costs of telecommunications services. Since so far the essential tools for working at a distant workstation with a laptop did not belong to those that had changed the annex to Regulations presently lists and would not be provided by the employer, the current flat-rate equivalent should be modified, as it should include the usage of this fresh equipment.

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Daniel Głogowski

Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.