Medical check-ups and OSH training in the context of coronavirus

by Magda Dubiel

24 March 2020

The Polish Chief Labour Inspector (CLI) has presented his position on the obligation to refer employees to periodical medical check-ups and to conduct occupational safety and health training in the context of the state of epidemic in Poland. The CLI has addressed his guidelines to all Regional Labour Inspectors.

Referrals to medical examinations

The Chief Labour Inspector has recommended suspending the mandatory periodical medical check-ups until the state of epidemic emergency in Poland (now the state of epidemic) is revoked. However, this limitation does not affect the employers’ obligations to issue referrals to employee periodical check-ups on time. Moreover, employers are responsible for obliging employees to undergo medical check-ups as soon as the state of epidemic (emergency) is revoked.

The Chief Labour Inspector maintains that employees who do not have medical clearance to perform work in the given position should not be allowed to work. As a consequence, employees who have not undergone pre-employment medical tests still cannot work.

OSH training and position-related training

As regards the training in occupational safety and health, the Chief Labour Inspector has recommended allowing employers to deliver such training in the form of self-study or remote seminars. The CLI proposes mainly to deliver the training via video or teleconference. Employers who implement such solutions should give their employees access to materials necessary to learn the rules of occupational safety and health at the employer’s establishments (e.g. by sending the learning materials by e-mail). If the training is delivered remotely, all employees who have completed it should be obliged to take an exam to check their new knowledge and skills as soon as the state of epidemic (emergency) is revoked.

The above recommendations of the Chief Labour Inspector apply to general (pre-employment) as well as periodical training. Pre-employment training should last minimum 3 class-hours and periodical training should last minimum 8 class-hours.

The Chief Labour Inspector maintains that the position-related training should be delivered before an employee is allowed to work in a certain position.

Please note that the draft anti-crisis legislation explicitly suspends the Labour Code provisions concerning mandatory periodical medical check-ups of employees.