Legislation occupational medical care – for employers
The employer’s obligation to provide its employees working medical care, including health workers from occupational diseases and other threats to health from work and preventing accidents, it follows from § 40 of Act No. 20/1966 Coll. Health Care, as text.
Every employer who employs workers, regardless of their number, and regardless of the prevalence of risk factors is required for employees working to provide medical care.
With effect from 1 January 2001 entered into force an amendment to Act No. 65/1965 Coll. Labour Code, as amended (the “Labour Code”), the Law č.155/2000 Coll. And Act No. 258 / 2000 Coll. on the public health, for which the role of facilities providing medical care employer of the work even more stressed, not only with regard to the training of selected staff and preventive medical examinations, but also the tasks of the employer in the area of risk prevention (§ 132a Labour) when that person is at risk identification, identifying their causes and sources, evaluation and actions to overcome them must work with the device, it provides occupational health care.
Act No. 258/2000 Coll. On the public health, as amended, is solved by the so-called work categorization, based on which the employer within a specified time interval to divide the work into four categories according to the level of risk factors that may affect health employees, and under conditions stipulated by law (Decree of the Ministry of Health č. 432/2003 Coll.).
The provisions of § § 92 and 93 of Act No. 258/2000 Coll. On the public health, as amended, governing the amount of fines for non-compliance or violation of the employer’s obligations stipulated by special legislation to protect health and ensure occupational health and performance care. This fine imposed by the public health, which as the county or district health officer, up to 2 000 000 CZK.
If this is due to a breach by the employer of the workers may be fined up to CZK 3,000,000.
Preventive examinations: For Employers
Occupational medical care in relation to the Labour Code
On the basis of the Labour Code by Act č.155/2000 Coll. Which came into force on 1 January 2001, the employer is under
provisions of § 133 paragraph 1 point. a) Labour is obliged not to allow the employee performed work, the performance does not reflect his abilities and fitness,
and pursuant to the provisions of § 133 paragraph 1 point. d) Code is obligated to tell employees that medical facilities it provides occupational health care and what types of vaccinations and medical examinations which are required to submit.
The selection and provision of occupational medical care, the employer pursuant to § 136a paragraph 2 of the Labour Code shall inform the trade unions, or OSH representative.
The occupational health care are also bound by some of the important responsibilities of the employer in the area of OSH.
These include:
- The provisions of § 132a paragraph 6 of the Labour Code, which requires the employer to take measures in case of emergencies to ensure control in cooperation with the facility providing medical care, work the required number of trained staff, who organized first aid, calling in particular provide medical assistance, fire and the police and organized evacuation of workers,
- The provisions of § 134 point. f) Labour Code, providing that the employer’s duty to ensure that workplaces are equipped with means to provide first aid to the extent agreed with the facility providing medical care, labor and materials for summoning emergency medical services.
Payment of occupational health care
Costs associated with occupational safety and health at work and her employer by providing paid within the meaning of § 132 paragraph 5 of the Labour Code and § 42 of Act No. 258/2000 Coll. On the public health, as amended, unless a special law provides otherwise .
These costs are the expense of the employer to maintain and achieve an income in accordance with § 24 paragraph 2 point. j) of Act No. 586/1992 Coll. on Income Tax, as amended.
Preventive examinations: For an employee
Occupational medical care in relation to the Labour Code
Employees are required under § 135, paragraph 4, point. b) Act No. 65/1965 Coll. Labour Code, as amended, to submit to medical examinations, vaccinations, diagnostic tests and examinations set by special legislation.
But do not lose the right to free choice of doctors for medical problems, but according to § 9 para 2 of Law No. 20/1966 Coll. Health Care, as amended, the option does not apply to the ZPP.
Employees must undergo scrutiny in its entirety and set the deadline.
Most ask for:
What is the purpose of preventive examinations?
Implementation of preventive examinations can lead to early detection of risk of disease or early diagnosis of diseases already developed. So you can very effectively prevent the development of serious diseases and sustain health staff. A working medical examinations are not to replace the care of registering your doctor, but the fulfillment of legal obligations, copy the Protocol on the ability to work and identify risk factors in your job description.
How often will I be invited to periodic inspection?
Duty passing examinations is determined by age and profession demands a specific employee. Is there a time limit once every two years for employees over 50 years of age and other specific employee groups (eg professional drivers …) is compulsory for periodic inspection once a year.
How do I find survey results?
For the employer, a doctor confirms the form of medical fitness to work with the output = able (or unable to restrictions). In addition, the doctor tells the client directly to the test result evaluation. Client doctors communicate communication path, the way you like to be informed of the outcome – ie, personal e-mail, telephone or through personal visits, etc.
I refuse to periodic inspection?
No, this is in terms of occupational health care a mandatory part of employment. By law, an employee may not be valid without preventive examinations to perform his job, and it is necessary to respect the dates proposed by most surveys. The employee is required to pass examinations, which would be mandatory under the law (initial, periodic or multiple and potential emergency), and within the expertise required to undergo the examination.