NIEZAWIADOMIENIE O WYPADKU PRZY PRACY LUB CHOROBIE ZAWODOWEJ (PRZESTĘPSTWO Z ART. 221 K.K.)
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Date
2003
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Wydział Prawa i Administracji UAM
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FAILURE TO NOTIFY OF MISHAP AT WORKPLACE OR PROFESSIONAL ILLNESS (CRIME UNDER ARTICLE 221 OF THE CRIMINAL CODE)
Abstract
The crime described under Article 221 of the Criminal Code has been introduced to the
Polish Criminal Law for the first time by the Criminal Code of 1997. Before that, this act was
prosecuted under Article 283 § 6 section 6 of the Labor Code. This crime primarily covers
failure to notify the relevant institution of a mishap at workplace or professional illness, or
failure to submit appropriate documentation of such event. The paper begins with the
analysis of the rights protected under Article 221 of the C.C. (right of employee to safe and
hygienic work environment), crime subject (person obliged to notify of a mishap or illness and
to prepare the necessary documentation) then proceeds to the analysis of willful character
of the crime (direct or conceivable) and the analysis of the definition of mishap at workplace
as provided by the Polish Law. The author also focuses on the issue of professional
illness, providing a full list of such illnesses and details a procedure of notification of their
occurrence. The paper ends with the description of the consequences of failure to prepare
the necessary documentation of a mishap at workplace (determination of causes protocol) or
professional illness and the description of regulations that govern the notification procedure.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 65, 2003, z. 3, s. 113-125