Under the principle of equal treatment, an employer posting an employee from abroad to work in Poland must guarantee employment conditions that are applicable in Poland, including in the area of occupational health and safety (OHS).

Preventive Medical Examinations

The employer may rely on a valid medical certificate confirming the employee’s fitness for work issued abroad, but it is necessary to verify whether the preventive medical examinations conducted abroad meet Polish requirements. The verification should not only cover the medical certificate but also the referral for examination, which should specify the hazardous, harmful or burdensome factors. Any differences in the work conditions or the medical examination procedures regarding fitness for work require the employer to conduct new medical examinations.

OHS Training

The employer may rely on a current certificate of completed OHS training, but only for general training, provided the programme is in line with the Polish training requirements. However, for specific workstation training, the employer must provide training before allowing the employee to work in Poland, as it is required that the training occurs directly at the workstation where the employee will perform their work.

PIP (National Labour Inspectorate) Control

If the employer fails to conduct new preventive medical examinations or OHS training (general instruction), they must demonstrate that the employee’s work conditions before being assigned to Poland were the same, which would justify waiving the obligation.