It is the employer’s duty to send employees for medical examinations, the so-called preventive examinations both before starting work and during the employment relationship. Allowing an employee to work without a valid medical certificate stating that there are no contraindications to work in a specific position may have serious consequences.

Initial medical examinations are subject to:

• persons employed on the basis of an employment relationship,
• juvenile workers transferred to work positions,
• other employees transferred to positions with factors harmful to health or burdensome conditions.

Initial medical examinations are not required from persons re-employed to work for the same employer for the same position or for a position with the same working conditions, if the next employment contract was concluded within 30 days after the termination or expiration of the previous contract with this employer.

They are not required from persons employed by another employer for a given position if:

• provide the employer with a current medical certificate stating that there are no contraindications to work in the working conditions described in the referral for medical examinations (the medical certificate was issued after March 31, 2015) and the referral for examinations on the basis of which the medical certificate was issued. The employer finds that the working conditions described in the referral for medical examinations at the previous employer are consistent with the proposed conditions,
• the break between employment with the previous and new employer does not exceed 30 days,
• they will not perform particularly dangerous work.

Medical examinations for work during the employment relationship consist of control examinations and periodic examinations.

Medical check-up

According to Article 229 § 2 of the Labor Code, the employer is obliged to refer all employees for periodic examinations in the event of their incapacity for work lasting longer than 30 days, if it is caused by illness. Control tests are performed to check whether the employee’s health condition allows him to continue working in his current position.

Periodic medical examination

The employee is subject to periodic medical examinations in order to determine the ability to perform work in the current position. The employer who employs employees in conditions of exposure to carcinogenic substances and agents or fibrous dusts is obliged to provide them with periodic medical examinations for work, also:

• after stopping work in contact with other substances, factors or dusts,
• after termination of employment, if the person concerned submits a request to be covered by such examinations.

Due to the threat related to COVID-19, special provisions regarding medical examinations have been introduced. The state of epidemic emergency was canceled from July 1, 2023. Therefore, the obligation to refer employees for periodic examinations returned. The employer and the employee should perform their duties immediately, but at the same time within a period not longer than 180 days from the date of cancellation of the state of epidemic threat. That is, the medical examination of employees, which should take place during the state of epidemic and epidemic threat, should not be carried out immediately.

Initial, periodic and control medical examinations for work are carried out on the basis of a referral issued by the employer. It should be issued in two copies – one belongs to the doctor and the other to the person referred for the examination. It is advisable for the employer to have copies of the referral and store them in the employee’s personal files together with the medical certificate

The referral should include:

• the position in which the person is to be employed,
• information about the factors that are dangerous, harmful to health or onerous at the workplace.

The frequency of periodic examinations varies for each employee and depends on the state of health and the type of position held. The doctor decides how often to send employees for periodic examinations.A doctor who conducts preventive examinations may find it necessary to extend them with additional examinations in order to properly assess the employee’s health condition.

Pursuant to the provisions of the Labor Code, periodic and control medical examinations for work are carried out, if possible, during the employee’s working hours. The employee retains the right to remuneration for the period of non-performance of work in connection with the conducted tests. If he has to travel to another town, he is entitled to a fee to cover travel costs in accordance with the rules applicable to business trips. The employer bears the cost of medical examinations for work.

Initial medical examinations for work are carried out by an occupational medicine physician with whom the employer has concluded a contract. After the examination, the doctor issues a statement stating:

• no contraindications to this work in a specific position,
• the existence of contraindications to work in a specific position – in the working conditions described in the referral for medical examinations to work.

If a medical doctor, while conducting preliminary examinations, finds contraindications to work, the contract cannot be concluded. When contraindications are found during control and periodic examinations, the employer first of all releases the employee from the obligation to perform work and transfers him to another position.

The employer is obliged to keep medical certificates in the personal files of employees. The decision issued on the basis of the preliminary examination should be kept in part “A” of the personnel file. In the case of periodic and control examinations, the medical certificate is kept in part „B” of personal files.

If the employee or the employer does not agree with the content of the medical certificate, they may apply for a repeat medical examination within 7 days of issuing the certificate. The application is submitted through the doctor who issued the previous certificate. The next examination is carried out in the voivodeship occupational medicine center within 14 days from the date of submitting the application. The re-examination decision is final and cannot be appealed.

An employer who allows an employee to work without current preventive examinations is liable to a fine of PLN 1,000 to PLN 30,000 for violating health and safety regulations and employee rights.

Source:https://poradnikprzedsiebiorcy.pl/-badania-lekarskie-do-pracy-najwazwane-informacje

Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.