Remote inspections are coming- PIP inspections without visiting the workplace

Work is underway on amending the State Labour Inspectorate Act.

As we reported earlier, under the proposed changes, the State Labour Inspectorate would be granted the power to issue administrative decisions reclassifying B2B contractual relationships (and potentially certain civil law contracts) as employment relationships.

Another part of the draft bill provides for the possibility of remote inspections by the State Labor Inspectorate.

Remote inspections as a new form of visitation

If the amendment comes into force, labor inspectors will be able to perform their duties using video and audio transmission devices – without having to be physically present at the workplace, provided that this does not conflict with the purpose of the inspection.

The new regulations will enable remote inspection of facilities, rooms, workstations, machines, and equipment, as well as technological processes and work. It will also be possible to remotely obtain explanations from the person being inspected or to question a witness, and the minutes of the questioning will be limited to key statements only.

The video and audio recording will be attached to the report. The entire inspection or individual activities may be carried out remotely.

Will the employer’s consent be required?

The project does not require the employer’s consent to conduct remote inspections. The decision on the form of inspection- traditional or remote – will be made by the labor inspector.

The employer does not have a legal tool that would allow them to effectively oppose this form. It can only indicate that remote inspection would be pointless if it “contradicts the purpose of the inspection” (e.g., in a situation where it is impossible to assess the safety of machines remotely).

In practice, however, it is the inspector who decides, and the employer should enable remote inspection, including transmission, electronic access to documents, and the possibility of confirming authorization and official ID online.

Obstructing inspections results in higher penalties

Refusal to conduct a remote inspection, failure to transmit data, or preventing online access may be treated as preventing a visit to the facility or failing to provide information necessary for the performance of PIP tasks, which constitutes an offense punishable by a fine.

The draft amendment also provides for an increase in the maximum penalties for such violations. Currently, the Labor Code sets fines ranging from PLN 1,000 to PLN 30,000. After the changes, the penalty will range from PLN 2,000 to PLN 60,000.

How to prepare for a remote inspection?

Employers should prepare for the new control regime well in advance.
In particular, it is worth implementing the following measures:

• assess the technical readiness of the facility to conduct remote inspections,
• develop rules of conduct for remote inspections,
• train employees responsible for contact with the State Labor Inspectorate in the principles of remote control,
• ensure the presence of an employee or other person (e.g., an occupational health and safety specialist) who, at the inspector’s request, will be able to broadcast from the workplace and present the necessary documents,
• organize documentation and adapt it for efficient electronic transfer.

Remote PIP control? It’s not science fiction- it’s the new reality.

Don’t let it catch your company off guard. Consult our labor law team and prepare your organization for a safe and compliant transition through e-inspection.