Modification of occupational health check-ups after the end of the state of emergency

During the state of emergency, the duty to undergo initial and periodical check-ups was governed by Government Resolution No. 280 of 23 March 2020. Based on this resolution, the persons employed on 12 March 2020 or later could replace a mandatory occupational health check-up by an affirmation. In addition, they were not obliged to undergo periodical check-ups.

Another Government Resolution, No. 538 of 11 May 2020, fixed the validity of these affirmations until the end of the state of emergency. The validity of those confirmations of medical fitness to work issued on the basis of initial, periodical and extraordinary check-ups which were supposed to expire during the state of emergency was also prolonged until the end of the state of emergency (if the required check-up was not performed).

In this connection, the Ministry of Health issued an extraordinary measure on 13 May 2020 to prolong the validity of the above affirmations: by 90 days of the day following the end of the state of emergency for the first and the second risk categories according to the Protection of Public Health Act, and by 30 days for the third and the fourth risk categories and for high-risk work according to the decree on occupational medical services. The occupational health services provider or the general practitioner of the employee concerned must, at the employer’s request, perform the initial check-up of the employee and issue a confirmation of medical fitness to work within the prescribed period.

Furthermore, the measure prolonged the validity of confirmations of medical fitness to work issued on the basis of periodical check-ups by 90 days of the day following the end of the state of emergency if the employee concerned is confirmed to be medically fit to work, or by 30 days if medically fit to work subject to certain conditions.

As for the confirmations of medical fitness to work issued on the basis of extraordinary check-ups whose validity ended during the state of emergency, these are prolonged by 90 days of the day following the end of the state of emergency if the employee concerned is confirmed to be medically fit to work, or by 30 days if medically fit to work subject to certain conditions.

The state of emergency ended on 17 May 2020, which means that the above prolonged periods started on 18 May 2020. Employees must undergo the required check-ups before the end of the respective period, i.e. 30 or 90 days, as mentioned above. The employer must not allow any employee to perform prohibited work or work whose difficulty does not correspond to the employee’s abilities and health.

With respect to the above, we highly recommend that employers contact their occupational health services providers and ask for the required check-ups as soon as possible because it can be expected that many employers will be interested in having the check-ups done now.