In 2025, 189 people suffered fatal workplace accidents and 486 were seriously injured. After each such incident, the employer is obliged to notify the relevant district prosecutor, who automatically initiates criminal proceedings for an offence under Article 220 of the Polish Criminal Code. Around 2,500 such proceedings are initiated each year in Poland, leading to tens of individual convictions<\/p>\n
Under Article 220 of the Polish Criminal Code: who is liable and for what?<\/strong> The individuals responsible for OHS conditions in the workplace are primarily employers, but also include anyone supervising employees (supervisors and managers) as well as OHS specialists. As a result, charges in one case are often brought against several individuals. In some cases, they may be brought simultaneously against a direct supervisor (e.g. foreman), a mid-level manager (e.g. plant or warehouse manager) and even senior management (e.g. a board member). It is crucial that the prosecutor distinguishes who is responsible for which area and demonstrates the breach of individual duties that contributed to the risk (or the accident).<\/p>\n Defending against such allegations<\/strong><\/p>\n First, the prosecutor must prove that an individual breached their OHS obligations. In practice, this involves appointing an expert who analyses the legal regulations, the internal workplace rules and the technical documentation (e.g. regarding machinery and equipment).<\/p>\n Second, the prosecutor must demonstrate that, if the accused had not neglected their duties, the dangerous situation would almost certainly not have occurred. Therefore, it is also important to examine the conduct of the injured employee, who may have significantly contributed to the risk or accident. Employees are obliged to comply with OHS rules \u2013 if an accident occurred due to their disregard of these rules, their superior or a board member would generally not be held liable.<\/p>\n Avoiding such allegations<\/strong><\/p>\n In practice, expert opinions often focus on \u201csystemic\u201d OHS violations and identify them as the cause of accidents. Without understanding the principles of criminal liability, they frequently equate the employer\u2019s liability (e.g. a company) with the individual criminal liability of a specific person. Common allegations include \u201clack of proper supervision\u201d, \u201ctolerating OHS violations\u201d or \u201cinsufficient training.\u201d<\/p>\n For this reason, it is essential to ensure that all matters related to compliance with OHS rules are properly documented.<\/p>\n <\/p>\n
\nUnder this provision, anyone responsible for occupational health and safety who fails to carry out their duties, and thereby exposes an employee to an immediate risk of loss of life or serious bodily harm, is subject to imprisonment for up to three years. If the act is unintentional, the penalty may be a fine, the restriction of liberty, or imprisonment for up to one year. Importantly, no actual harm needs to occur \u2013 the direct exposure to danger is sufficient by itself. This explains why the number of criminal proceedings is significantly higher than the number of serious and fatal accidents.<\/p>\n