The Ministry of Health introduced the upcoming Amendment to Act No. 373/2011 Coll., on Specific Health Services. The amendment, which should come into force on 1 January 2025, includes changes concerning initial medical examinations.
The aim of the amendment to this Act is to reduce the administrative burden associated with initial medical examinations for both occupational health service providers and employers.
What is the current legislation?
According to the current legislation in force, the employer is obliged to provide an initial occupational health examination regardless of the category of work for which the person is applying.
At present, the employer will always provide an initial medical examination prior to arising:
- employment relationship
- a legal relationship based on an agreement on work performed outside the employment relationship, if the person applying for such employment is to be assigned to work which is hazardous work under the Act on the Protection of Public Health or which involves activities for the performance of which the conditions of medical fitness are laid down by implementing legislation
- a relationship similar to an employment relationship
The employer may also require an initial medical examination if he has doubts about the applicant's medical fitness for work which is not hazardous and which is to be performed on the basis of a work performance agreement or a work activity agreement.
If a person applying for a job does not meet the above conditions and has not undergone an initial medical examination, he or she is not considered medically fit to perform the job to which he or she is to be assigned.
Who performs the initial medical examinations?
The initial medical examination is carried out by:
- an occupational health service provider with whom the employer has a written contract, or through an authorised provider
Authorised provider is an occupational health service provider who, under a written contract, provides occupational health services to an occupational health service provider who has a contract with an employer.
- the registering provider to whom the employer has referred the jobseeker
- a doctor of an employer who has been authorised to provide health services - may provide occupational health services through:
- a doctor with specialised competence or special competence in occupational medicine,
- Doctors with specialised competence in general practitioner medicine,
- health professionals involved in the provision of occupational health services.
The employer is obliged to ensure professional independence of the aforementioned paramedics.
What changes will the amendment bring?
In the amendment, the Ministry of Health proposes voluntary initial medical examinations for non-risk categories works. The non-risk categories include the first and second categories and these are defined in the Public Health Protection Act.
Voluntary initial medical examinations were to be for work that did not involve an activity for the performance of which the conditions of medical fitness were laid down by implementing legislation or other legal provisions.
The amendment to the Act should also abolish the possibility for an employer to require an initial occupational medical examination if it has doubts about the medical fitness of an applicant for work under a non-employment agreement that is not hazardous work.
Please note: Both the employer and the employee will have the right to require an initial medical examination. If the employee requires an initial medical examination, the employer will issue a request for the examination.
However, if a job applicant is asked to undergo an initial medical examination and will not submit Her, will be deemed medically unfit to perform the work.
In the event that the employer does not require the job applicant to undergo an initial medical examination, such person shall be deemed medically fit to perform the work to which he/she is to be assigned, unless proven otherwise.
Health promotion measures
Amendment to Act No. 373/2011 Coll.., on specific health services, also includes new § 55a regulating health promotion measures. On the basis of this, the employer will be obliged to establish and evaluate health promotion measures and ensure their implementation. It will be the employer's duty to inform the employees of the health promotion measure established and how and when it will be implemented in the workplace.
The employer can ensure these measures by:
- providers of occupational health services
- providers in the field of general practical medicine
- legal or natural persons with proven experience in public health.
Employers will be required to provide health promotion measures in their workplaces. The conditions for these measures will be laid down in implementing legislation.
