What has changed since 16 December this year in the rules on preliminary and okes tests during the pandeia?
The following shall be added to Article 1: point 2 of the Act of 9 December 2020. Article 12a of the Act of 2 March 2020 on special arrangements for the prevention, prevention and eradication of COVID-19, other communicable diseases and related crises and certain other laws is amended. , i.e. in the so-called Covid Act. This provision concerns the suspension of obligations relating to periodic labour tests regulated by the Labour Code and professional driver tests regulated by the Road Transport Act in the event of an epidemic emergency or an epidemic. Article 12a(2) and (3) are replaced by a new wording:
’2. Following the cancellation of an epidemic emergency, where an epidemic condition is not declared or after the outbreak has been declared, the employer and the worker shall immediately undertake to perform the suspended duties referred to in paragraph 1 and to perform them within a period of not more than 180 days from the date of dismissal of the state concerned.
- In the absence of availability to a doctor authorised to carry out a preliminary or follow-up examination, such examination may be carried out and issued by another doctor. A medical certificate issued by another doctor shall expire 180 days after the date of cancellation of the epidemic emergency, in the event that no epidemic status is declared, or from the date of cancellation of the epidemic. That doctor may carry out an examination and issue a medical certificate in accordance with The procedure laid down in Article 2(4) of the Law of 5 December 1996 on the professions of doctor and dentist. Article 2(6) of the Law of 28 April 2011 on the health information system (Journal of Laws of 2020, item 702, 1493 and 1875) shall apply mutatis mutandis. A medical certificate issued by another doctor shall be included in the personal file of the staff member.’
Only the number of days provided for taking up duties suspended by the Covid Act (paragraph 2) and the validity of a medical certificate issued by another doctor has changed (paragraph 3).
The previous wording of that regulation provided for a 60-day and a 30-day period respectively. It has now been extended to 180 days and equated to taking on suspended duties and the validity of a medical certificate issued by another doctor.
During an epidemic emergency or epidemic, the following persons shall not be subjected to initial medical examinations:
• re-admitted to work with the same employer for the same post or for a post with the same working conditions within 180 days (previously 30 days) after the termination or termination of the previous employment relationship with that employer;
• accepted to work with another employer for a position within 180 days (previously 30 days) after termination or termination of the previous employment relationship if they have a valid medical certificate stating that there are no contraindications to work under the working conditions described in the medical examination referral and that employer finds that these conditions correspond to the conditions of the workplace in question, with the exception of persons accepted for particularly dangerous work.
Initial medical examinations shall also be dispensed with in the case of persons employed for administrative and office posts if they have a valid medical certificate stating that there are no contraindications to work under the working conditions described in the application for examination and the employer considers that these conditions correspond to those of the workplace.
