New regulations applicable to initial medical examinations

As of April 1, 2015, employers will not always have to require prospective employees to undergo initial medical examinations, which may translate into lower staff costs.  This new development is provided for in the Act of November 7, 2014 on Facilitation of Business Activities.

What is to change?

Prior to this amendment, before being allowed to start working, all newly recruited employees had to undergo initial medical examinations to confirm that there is nothing in their health preventing them from occupying the position they were being hired for. The cost of these examination was being paid for by the new employers. With the new regulations in place, medical examinations will not be required before joining the new employer if:

  1. the employee is being hired no more than 30 days after the termination/expiry of his/her previous employment contract;
  2. the employee presents the new employer with current medical test results confirming that there is nothing to prevent the employee from working in the work conditions described in the referral for medical examination (obtained by a referral issued by the previous employer);
  3. the new employer confirms that the work conditions as described in the referral are the same as those in the new work position.

The above rules will apply accordingly to persons being employed while at the same time remaining bound by an employment relationship with another employer.

Before the new employer decides to rely on the previous medical test results, it will have to compare the respective work conditions at the previous and the new work station. This comparison is to be made possible under an amended regulation by the Health Minister on Medical Examinations of Employees which is to introduce a modified form of the referral for medical examination.

Exemptions

The exemptions from the requirement to undergo initial medical examinations referred to above will not apply to persons hired to perform particularly hazardous jobs, such as work at heights or involving exposure to chemicals. These employees will always have to undergo new medical examinations.

Vacatio legis

The new regulations will not apply to medical certificates issued prior to the amendments coming into force. Existing regulations will continue to apply to referrals for medical examinations issued prior to April 1, 2015.