Preventive examinations and OHS trainings: the position of the Chief Labour Inspector of 23 March 2020
According to the announcement posted in the website of the National Labour Inspectorate in the scope of referring employees for preventive medical examinations and conducting occupational health and safety training, taking into account the state of epidemic threat and the regulation of the Minister of Health of 20 March 2020 regarding the announcement of the state of the epidemic in the Republic of Poland (Dz. U. z 2020 r., poz. 491), taking into account the proposals submitted by the Ministry of Health, the Chief Labour Inspector proposes the following solutions:
In the case of employees who are to commence work: maintaining the obligation of not admitting to work without a medical certificate stating the absence of contraindications to work at a specific workplace, received by the employee during the initial preventive medical examinations;
Note that the following do not need to undergo initial medical examinations:
Persons admitted to work with the same employer:
- for the same job or for a job with the same working conditions, and
- under a continued employment contract concluded within 30 days after the termination or expiry of the previous employment contract with this employer.
Persons admitted to work with another employer for a specific position within 30 days after the termination or expiry of the previous employment relationship (this does not apply to persons admitted to highly dangerous jobs),
- these persons have to present a current medical certificate which states that there are no contraindications to work under the conditions described in the referral for medical examinations, and
- the new employer must confirm that these conditions correspond to the conditions prevailing at the workplace.
Persons admitted to work who are also in an employment relationship with another employer.
2. In the case of periodic and follow-up medical examinations: suspension of the obligation of examinations until the cancellation of the epidemic state or epidemiological threat. However, the obligation to issue a referral for periodic medical examinations should be complied with within the time limits resulting from medical certificates determining the absence of contraindications to work received by employees during previous examinations. The issue of a referral with the required time limits will confirm the employer’s readiness to fulfil the obligation under Article 229 of the Labour Code. Immediately after cancelling the epidemic state or epidemiological threat, employees are obliged to go to the occupational medicine unit with which the company has a contract for the provision of services in the field of preventive medical care for employees in order to undergo examinations in accordance with the referral.
3. Possibility of conducting general instruction in the form of guided self-study or seminar, using electronic means of communication, using the option of transmitting video and audio (online), with the duration of a minimum of 3 hours of tuition. Employees should be provided with a set of necessary materials enabling them to become familiar with the basic occupational health and safety regulations resulting from the Labour Code, collective labour agreements or work regulations, occupational health and safety regulations and rules in force in a specific workplace, principles of providing first aid in the event of accident. Materials can be sent electronically.
4. In the case of workers employed in worker positions – conducting periodic training in the form of guided self-education or a seminar by means of electronic communication, using the option of transmitting video and audio (online), with the duration of a minimum of 8 hours of tuition.
5. After cancelling the epidemic state: conducting an examination to check the training participant’s acquisition of knowledge covered by the training program.
6. In the case of on-the-job training, it is proposed to maintain the obligation to carry it out pursuant to § 11 of the regulation of the Minister of Economy and Labour of 27 July 2004 on training in the scope of occupational health and safety before admission to perform work in a specific position of an employee employed in a worker position and other that is exposed to factors harmful to health, arduous or dangerous; an employee transferred to such a position and a student undergoing practical apprenticeship or a student undergoing student apprenticeship.
Sources:
- Labour Code act (Dz. U. 1974 Nr 24 poz. 141)
- Website: https://www.pip.gov.pl/pl/wiadomosci/108831,badania-profilaktyczne-i-szkolenia-bhp.html
- Website: https://www.gov.pl/web/zdrowie/medycyna-pracy
- Regulation of the Minister of Economy and Labour of 27 July 2004 on training in the scope of health and safety
- Regulation of the Minister of Health of 20 March 2020 regarding an announcement of the state of epidemic in the area of the Republic of Poland Dz. U. z 2020 r., poz. 491).
Author: Trainee Attorey-at-Law Hanna Baszyńska
Editorial Supervision: Attorey-at-Law Paweł Tokarski
