Pozostawanie w dyspozycji pracodawcy jako znamię czynu zabronionego z artykułu 220 § 1 Kodeksu karnego

Abstrakt

The subject of the article is to establish the link between the responsibility of the person in charge of occupational health and safety for exposing an employee to an imminent danger of loss of life or health with the condition of the employee’s readiness to work (or to this particular type of work). The author analyzes Article 220 of the Polish Criminal Code from the perspective of labor law. The main issue is to determine whether an employer is always responsible for an employee’s exposure to an imminent danger of loss of life or health or only if an employee is at the disposal of an employer in connection with work (providing work or being ready to provide work) in the place of exposure. The considerations lead to the conclusion in favor of the latter. Persons responsible for occupational health and safety are the guarantors of the safe work process and, in case of failure to ensure this state, they may be criminally liable.