An employer may take advantage of the option of outsourcing these tasks only if it is unable to hire competent employees.

The Labour Code gives the employer the possibility to outsource the tasks of the OSH service. Many employers do not realize, however, that such right is available only to companies with up to 100 employees (counted as employed persons, not as FTEs). Everyone else should establish an OSH service within the organization. Depending on the size of the workforce, employers will need to establish a multi-person or single-person unit, or hire a part-time OSH officer in that unit.

Employers with more than 100 employees, however, may outsource OSH services when they are unable to hire competent staff. In practice, this means that such outsourcing is possible only for the duration of the recruitment process for a position within the organization. The recruitment process should lead to the hiring of an employee and should not be conducted merely to justify the absence of an OSH service in the company.

In the event of a State Labour Inspection Service inspection, employers employing more than 100 people who have outsourced the tasks of the OSH service should expect an order from the PIP to establish such service if they cannot prove that they are not able to employ competent employees. 

Find more in the PRO HR December 2021.