We draw attention to the following aspects related to employers’ obligation to ensure employees’ access to the medical service of occupational health check-ups, both at employment and annually.
According to the Labor Code, Art. 186 – Employers should ensure employees’ access to the medical service of occupational health check-ups.
The employment of a person without a medical certificate, which establishes that the person concerned is fit to perform the activity for which they are hired, entails the nullity of the individual employment contract.
The Labor Code specifies the obligation to ensure the occupational medicine check-up also in the following situations:
“a) upon resumption of activity after a break of more than six months, for jobs having exposure to harmful factors, and for one year in other situations;
b) in case of posting or transition to another job or activity, if working conditions change;
c) at the beginning of the mission, in the case of employees employed under a temporary employment contract;
d) in the case of apprentices, practitioners, pupils, and students, if they are to be trained in trades and professions, as well as in the event of a change of trade during the training;
e) periodically, for conditions of exposure to harmful professional factors, according to the regulations of the Ministry of Health;
f) periodically, in the case of those who carry out activities with a risk of transmitting diseases and who work in the food, livestock sector, water supply facilities, in children’s communities, in sanitary units, according to the regulations of the Ministry of Health;
g) periodically, in the case of those who work in units without risk factors, through medical examinations differentiated according to age, sex and health status, according to the regulations of the collective agreements.”
The employer will fully bear the costs related to the medical examination process.
Suppose the employer hires persons without a prior medical examination and the opinion of the occupational medicine doctor regarding the person’s ability to perform the activity for which they are employed. Besides the nullity of the employment contract, the employer may be sanctioned with a fine from 1,500 lei to 3,000 lei.
The frequency of the periodical medical examination is established by the Occupational Health doctor, the date of the next medical examination being mentioned in the medical certificate.
Read also: Assessment of the risk of accident and occupational disease
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