Any employer who employs workers "in conditions of exposure to harmful biological factors" is obliged to use all available means to eliminate exposure or, if this is not possible, to reduce the degree of exposure, making appropriate use of scientific and technical progress.

In order to be able to assess the working conditions and the necessity of applying certain measures, the employer should carry out an occupational risk assessment. If a factor classified as group 3 to 4 is found, the employer is obliged  to confirm the register of works exposing workers to harmful biological factors and the register of workers employed at such works. This obligation has become particularly important during the Covid-19 outbreak as employees very often face the risk of SarS-Cov-2 virus infection while performing their duties.

The judgment of the Supreme Administrative Court of the 14th of January 2020 is an extremely important interpretation guideline in terms of assessing the presence of a biological factor such as the SARS-Cov-2 virus in the work environment (II OSK 3485/18). In the opinion of the Supreme Administrative Court, the notion of "confirmed exposure", which is a prerequisite for recognizing that the work in question is performed under conditions of exposure to biological factors, should be understood as potential exposure that may occur during the performance of activities on a given workstation.

It is irrelevant whether such exposure has already occurred in the establishment or only in statistics within a larger area. In the court's opinion, it is sufficient that the type of activities performed results in contact with a biological factor.

An unreflective reference to the above judgment leads to the conclusion that practically all employees, due to the current epidemic situation, are employed in conditions of exposure to harmful biological agents. Such recognition would create additional obligations on the part of employers related to counteracting this risk. However, such a thesis is unjustified.

The key to this assessment is the work process itself and the type of activity carried out by the employer, not the mere possible presence of the factor in the work environment. Therefore, when carrying out occupational risk assessment, it is necessary to evaluate individual positions and the work processes behind them by examining, among others: the form of contact with the virus, the level of occurrence of the virus and exposure to the biological agent, relationships in the workplace both internal between workers and external, e.g. with contractors; the way equipment and common areas are used.

More in the article by partner and attorney-at-law, Łukasz Kuczkowski "ZUS za opóźnienie powinien wypłacić odsetki bez odrębnego wezwania" for Dziennik Gazeta Prawna (article from the 12th of May 2021).