What documents confirm the validity of the medical examination carried out at the previous employer?
Submission of a referral for preventive examinations and a decision stating that there are no contraindications to work is the basis for launching a procedure aimed at refraining from providing preliminary preventive examinations at a new employer. The regulations do not directly require the submission of originals, in the inability to obtain them (lost by the employee) it is safest to obtain certified copies from the previous employer.
As part of the employee health protection, one can distinguish the obligation to provide employees with preventive medical examinations. As a rule, in particular, people admitted to work are subject to preliminary examinations. In exceptional cases, the provision of preliminary examinations may be waived, this is possible, inter alia, in the case of admission to work of a person who has a current medical certificate stating that there are no contraindications to work in the working conditions described in the referral for medical examinations and the employer finds that these conditions correspond to the conditions occurring at a given workplace, with the exception of persons admitted to perform particularly dangerous work.
Taking into account the above regulation, the new employer should receive a referral for preventive examinations issued by the previous employer and a decision stating that there are no contraindications to work in the conditions described in the content of such a referral.
The provision of Article 229 of the Code of Civil Procedure providing for a derogation from the provision of preliminary preventive examinations does not refer to the question whether the employee should submit a copy or originals of the referral and decision. Originals would of course be optimal, but it seems that there will be no problem if copies are submitted – preferably accompanied by the previous employer with an annotation for compliance with the original.
Since, as already mentioned, the regulations do not regulate whether originals are necessary or copies can be used, it can be expected that the labor inspector will not question the conduct of the new employer in the form of a derogation from the provision of preliminary preventive examinations. The most important thing is to verify whether the working conditions at the new employer allow for the application of the derogation.
Source: Sebastian Kryczka, INFORLEX
Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.