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Publikációk:

Medical suitability for sphere of activity

15 August 2014

The employee shall attend a medical examination required for the position and have medical report, which is required for the certain position, so that she/he can hold the position which is determined by the employer. On the medical examination it is needed to determine, if the employee is able to hold the certain position at the certain work place, in the certain health condition.

Employers shall provide basic occupational health services regarding all employees. Occupational health services may be provided by means of the employer’s own service provider or through an external service provider under contract with the employer.

Inspectors of National Public Health and Medical Officer Service (NPHMOS) shall control whether the occupational health service contract exists. If there is any irregularities or lack in the contract, they are entitled to impose penalties as well.

The medical examination shall be performed by the doctor, who is entitled to provide basic occupational health services, not including cases defined in specific other legislation. The implementation and financing of the medical examination, furthermore the cover of the first-aider, who is qualified at the certain place of work, shall be the duty and obligation of employers.

For the performance of the medical examination it is required the employer to fulfil the document “Referred for medical examination required for the position”.

The medical examination required for the position can be preliminary, periodical and extraordinary, based on 33/1998. (VI.24.) NM Ministry Decree on medical examination concerning suitability for sphere of activity, profession, and in regard to personal hygiene.

Preliminary medical examination concerning suitability for sphere of activity shall be performed prior to the beginning of the working process; before the change of the position,   the work place or the work environment; in the case of working abroad, which exceeds two weeks, prior to the outward journey.

Employees shall attend periodical medical examination concerning suitability for position, if the suitability period expired.

The doctor, who is entitled to provide basic occupational health services, shall determine the frequency of the medical examination, taking the employee’s age, possible sicknesses, work environment and harmful effects into consideration.

Based on the regulation, periodical medical examination is required on an annual basis in the following cases:

-   If the employee is under the age of eighteen,

-   If the employee is aging,

-   If the employee is employed in a position for eligibility for age allowance, defined in specific other legislation,

-   If the employee works abroad (if the performance of periodical medical examination is not provided abroad), during temporary home-stays or home-visits,

 -  If the employee is employed in a position, where risks of accidents are highly increased, the frequency of periodical medical examination is regulated by the decree.

 

Extraordinary medical examination concerning suitability for sphere of activity shall be provided in the following cases:

  • If the employee’s health condition highly changed, which may make him/her unable to hold the position complying with occupational safety and occupational health requirements,
  • If the employee, who is obliged to fulfil the document „Medical declaration”, experiences symptoms listed in the declaration on himself or any family members, living in the common household,
  • Following the cases of acute occupational disease occurred at work, extreme exposure, periodical occupational accident or occupational accident with loss of consciousness at the same time,
  • Sickness or disease of the employee, which might have been caused by occupational reasons, furthermore following the duration of incapacity which exceeds thirty days,
  • If the suspension of the employee’s working activity – not for medical reasons – exceeds six months.

The employer, the doctor, who is entitled to provide basic occupational health services, the school doctor, the general practitioner and also the therapist are entitled to initiate extraordinary medical examination after all sicknesses, which may have effect on the employee’s suitability for sphere of activity.

The employer is entitled to initiate final examination in the following cases:

  • Following a ten-year exposure of carcinogenic effected materials, defined in specific other legislation, following a four-year exposure of either benzene or ionizing radiation at the time of the termination of activity or employment relationship,
  • Termination of work, where chronic occupational disease occurred, and also change in work environment, furthermore if the employee was employed in a position for eligibility for age allowance  for at least four years,
  • In case of working abroad, following the final return of the employee.

The employee, who is obliged to attend the examination, shall attend the examination on the given date. If the employee does not attend the examination by his/her own fault, the employee is not entitled to begin to work. If the employed employee, who is obliged to attend the examination, does not attend the examination, he/she is not entitled to work in the certain position until the performance of the medical examination. The employee, who does not attend the examination or receives unsuitable grade, cannot be employed in the certain position.

The doctor, who is entitled to provide basic occupational health services, grades the employee „suitable”, „unsuitable” or „unsuitable temporarily” for the certain position on the document „Medical suitability for sphere of activity report” following the examination.

Concerning the certain position, the doctor is entitled to prescribe restrictions as well, furthermore based on the results of the examination, he may determine the suitability period shorter than the decrees do.

One copy of the medical report is issued by the health service provider. The employee shall forward this copy to the labour department.

If the employee disagrees with the first-degree medical report, he is entitled to require the second-degree medical examination concerning suitability for sphere of activity from the authority, which provided the first-degree medical report, within fifteen days after receiving the medical report, by fulfilling the document „Referred for second-degree medical examination required for the position”.

The employer is obliged to keep a record of the medical examinations’ suitability period and send the employees to periodical medical examination based on it.

If the employee is employed in the same position again, the medical report is valid for six months following the termination of employment relationship, if there is no change in the health condition of the employee.

In the case of seasonal work or temporary work, which considered two types of simplified employment, the medical examination may be performed based on the request of either the employer or the employee. It is not an obligatory condition of establishing the employment relationship to have the medical report, not including minor or aging employees, pregnant women, mothers giving birth within a relative short period of time, mothers providing breast-milk or nursing mother.

The medical report is valid for one year following the date of issue.