New regulations concerning the organization of workstations equipped with display screen equipment

1.              Introduction

The amended Regulation by the Minister of Labour and Social Policy of 1 December 1998 on occupational health and safety at workstations equipped with display screen equipment (Journal of Laws No. 148, item 973, as amended) (“Regulation”) came into effect on 17 November 2023.

Under the new provisions, effective as of 17 May 2024, every employer is obligated to adjust the workstations of employees who spend at least half of their daily work in front of desktop computers or laptops, in compliance with the new legislative requirements.

The Regulation implements Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (fifth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)(OJ L 156, 21.6.1990, p. 14, OJ L 165, 27.6.2007, p. 21, OJ L 109, 24.4.2019, p. 29, and OJ L 198, 25.7.2019, p. 241).

2.               Object of the Regulation

The Regulation lays down requirements for  occupational health and safety as well as ergonomics of workstations equipped with visual display units, and sets out requirements for the organization of work at such workstations.

The term “visual display units” refers to devices used for displaying alphanumeric or graphic information, irrespective of the method of image generation, and primarily encompasses monitor screens and laptops.

A workstation is defined as the work area along with:

• Basic equipment, including a visual display unit, keyboard, mouse or other input devices, and user interface software;
• A chair and a desk;
• Optional additional equipment such as a disk station, printer, scanner, document holder, footrest, etc.

The new regulations do not apply to:

• Driver’s cabs and control cabs for vehicles or machinery;
• Computer systems on board means of transport;
• Computer systems intended primarily for public use;
• Portable systems not intended for prolonged use at a given workstation lasting for at least half of the daily work;
• Calculators, cash registers, and any other devices having small data or measurement displays;
• Typewriters with display screens.

3.               Organization of Workstations

The employer is obligated to organize workstations equipped with display screen equipment in such a way that they meet the minimum requirements for occupational health and safety, as well as ergonomics, in accordance with the Regulation.

Furthermore, the employer is obligated, when creating new workplaces or altering the organization and equipment of existing workstations, to conduct assessment of work conditions with respect to:

• The organization of workstations, including the arrangement of equipment, ensuring compliance with health and safety regulations;
• The condition of workstation equipment, ensuring work safety, including protection against electric shock;
• The strain on employees’ visual and musculoskeletal systems;
• The physical strain on employees, particularly due to inadequate lighting;
• The psychological strain on employees resulting from the organization of work.

Although the Regulation does not prescribe a specific form in which the aforementioned workstation assessments are to be performed, it is recommended that such assessments be documented in writing. This ensures that the employer can demonstrate compliance with the obligation to assess workstations during any inspections or in response to employee claims, and evidence that the workstation was was approved for employee use based on positive assessment in accordance with applicable regulations.

The employer is also required to provide preventive health care to employees and to supply corrective glasses or contact lenses as recommended by a physician, if ophthalmologic examinations conducted as part of preventive health care indicate the need for the same during work with a visual display unit.

Additionally, employees are entitled to an at least 5-minute break, included in their work time, after every hour of work with a visual display unit.

4.               Requirements for Workstations

The requirements for workstations equipped with visual display units are detailed in the annex to the Regulation.

The equipment and arrangement of elements at the workstation must not cause excessive strain on the musculoskeletal system and/or eyesight during work, nor be a source of hazards for the employee.

Where portable systems (e.g., laptops) are intended to be used at a workstation for at least half of the daily working time, the workstation should be equipped with an additional keyboard and mouse as well as a stationary monitor or a stand that ensures the screen is positioned in such a way that its top edge is at the employee’s eye level..

The annex to the Regulation also specifies the requirements applicable to the visual display unit itself, stating that the characters on the screen should be clear and legible, the image should be stable, the brightness and contrast should be easily adjustable, and the construction of the monitor should allow for screen tilting. This ensures that the arrangement of the visual display unit and other equipment does not cause uncomfortable head and neck movements, and that the top edge of the visual display unit is at the employee’s eye level.

The Regulation specifies that the keyboard and mouse should be separate elements of the basic workstation equipment and describes the design and positioning of the keyboard to ensure a comfortable working position for the employee.

The Regulation also includes provisions detailing the requirements for the construction of the desk (with a low-reflectance surface) to ensure:

• Sufficient surface area to easily use the workstation equipment and perform work-related tasks;
• Placement of the keyboard at a distance from the front edge of the desk that allows for arm and forearm support, maintaining at least a right angle between the arm and forearm;
• Placement of equipment elements at an appropriate distance from the employee, without forcing the employee to assume uncomfortable body positions.

Additionally, the employee should have sufficient space under the desk to place their legs and to assume a comfortable position and change it during work.

The Regulation also includes detailed requirements as regards the construction of the chair. The chair, which is an inherent element of the workstation equipment, should provide:

• Sufficient stability, with the base resting on at least five castors;
• Adjustable seat height, lumbar support height, backrest tilt angle, and appropriate backrest and seat dimensions to ensure a comfortable body position and freedom of movement;
• Seat and backrest profiling suitable for the natural curvature of the spine and thighs;
• The ability to rotate 360° around the vertical axis;
• Adjustable armrests.

Interestingly, the Regulation also stipulates that on the employee’s request, the employer is obliged to provide a footrest and an appropriate document holder.

The Regulation further specifies requirements applicable to workstation lighting and the software (computer system) installed.

5.              Implementation of the New Regulation

First and foremost, it should be noted that under Article 283.1 of the Act of 26 June 1974 – Labour Code (consolidated text: Journal of Laws of 2023, item 1465), any person responsible for occupational health and safety or directing employees or other individuals, who fails to comply with provisions or principles of occupational health and safety, is liable to a fine of between PLN 1,000 and 30,000.

Given the above, it is crucial to properly implement the new regulations within one’s organization and ensure compliance with the same.

While labour laws do not mandate the reiteration of universally applicable provisions related to occupational health and safety in internal employer regulations, it is strongly recommended that specific procedures for their implementation, compliance oversight, sanctions for non-compliance, etc. be established.

The implementation of appropriate internal regulations allows for the establishment of proper procedural protocols, with which employees are required to comply. Furthermore, it allows the employer to demonstrate the highest standard of care r in the observance of applicable regulations, particularly in the context of inspections conducted by relevant authorities.