Health care obligations for workers

Preliminary examinations shall also be carried out by workers transferred to posts where there are harmful factors or onerous conditions.

In addition to preliminary examinations, the provisions of the labour code oblige the employer to conduct periodic examinations. The frequency of these studies is defined in the methodological guidelines contained in the annex to the regulation of the minister of health and social welfare cited above. Periodic examinations are carried out on the basis of a referral issued by the employer.

In this referral, the employer specifies that this is a periodic examination and specifies the position in which the employee is employed. In the referral for periodic examinations, the employer shall also provide information on the occurrence of harmful or aggravating factors, as well as current results of tests and measurements. Medical examinations in the framework of preventive health care for workers engaged in the processing of wood and furniture production are carried out by a doctor of occupational medicine with whom the employer enters into an agreement for the performance of such examinations.

The frequency of examinations laid down in the regulation may not be extended by the employer, the worker or the doctor supervising the workers. On the other hand, the staff doctor may shorten this period taking into account the results of the examination.

The guidelines also set out the scope of the studies to be carried out due to the nature of the risks involved. This may be extended by your doctor. After the employee has been absent from work for more than 30 days, the employer, prior to his / her admission to work, directs the employee to a follow-up examination in order to determine whether the employee’s illness has caused him / her to be unable to work in his / her current position.

health-care-obligations-for-workers

All preventive health checks on workers (initial, periodic and follow-up) should be carried out as far as possible during working hours and at the employer’s expense. For the period of non-performance of work in connection with the need to conduct research, the employee retains the right to remuneration. If it is necessary to carry out research in another locality, the employer covers the costs of travel in accordance with the rules on the accounting of business trips.

In the case of workers exposed to hardwood dusts, the employer shall provide them with periodic medical examinations even after the contact with the dusts has ceased and if the person concerned makes such a request after the termination of the employment relationship.

The obligation to keep medical certificates rests with the employer. If the doctor supervising the preventive care of the workers finds symptoms indicating the development of occupational disease and decides that the employee must be transferred to another position not related to exposure to the factors that caused these symptoms, the employer is obliged to transfer such a worker for the period indicated in the decision.

If this involves a reduction in salary, the employer is obliged to pay a compensatory allowance for a period of 6 months. Such an allowance shall also be payable in the event that the worker has become unable to work as a result of an accident at work or occupational disease and has not been recognised as entitled to an incapacity benefit and is unable to carry out his or her previous work. In this case, the transfer to another job also occurs on the basis of a medical certificate.