On 16 October 2020, the Czech Government adopted Resolution No. 1049 on the adoption of a crisis measure[1] regulating the conduct of occupational health examinations during the state of emergency. The resolution regulates initial medical examinations as well as periodic medical examinations and also stipulates how occupational health service providers should proceed after the end of the state of emergency.
Initial medical examinations
One of the most significant changes is the replacement of the initial occupational health examinations of new employees with an affidavit. The government orders the affidavit to be viewed as an assessment of the medical fitness of the person applying for employment in the following cases:
- for persons whose employment relationship arose from the date of the announcement of the measure until the end of the state of emergency,
- the agreed type of work is included in the first or second category according to the Public Health Protection Act,
- the agreed work may not include an activity for the exercise of which the conditions of medical fitness are laid down in another legal regulation, with certain exceptions,
- these persons have not yet undergone an initial medical examination.
Persons whose employment relationship has arisen from the date of the announcement of the measure until the end of the state of emergency and who perform epidemiologically serious activities and need a health card for the performance of their activity may replace the health card with the affidavit.
The exemplar of affidavit, which can replace the assessment of the medical fitness of the person applying for employment, forms Annex No. 1 to the measure and is also available for example on the website of the Ministry of Health[2]. The affidavit is valid no longer than 90 days from the day following the day of the end of the state of emergency.
Periodic medical examinations
The government has also granted an exemption from periodic medical examinations. Therefore, these examinations do not need to be provided and carried out during the state of emergency.
Validity of medical reports
The government has decided that medical reports which expire during the duration of the state of emergency can be still considered valid. Extended validity is of medical reports on medical fitness issued on the basis of initial medical examinations as well as of medical reports on medical fitness for work issued on the basis of an extraordinary examination.
If the conclusion of the medical report states that the person under assessment is medically fit, the period of validity shall be extended until the end of the state of emergency and further for a period not exceeding 90 days. If the conclusion of the medical report states that the assessed person is medically fit with the condition, the period of validity is extended from the end of the state of emergency only for another 30 days.
Occupational health services after the end of the state of emergency
The measure stipulates that after the end the state of emergency the occupational health service providers are to carry out an initial medical or periodic medical examination of the person concerned and issue a medical certificate of fitness for work at the employer’s request within the time limit set by the measure for the validity of the affidavit or medical reviews.
If you have any questions, do not hesitate to contact us.
Mgr. Jakub Málek, partner – malek@plegal.cz
Kateřina Roučková, legal assistant – rouckova@plegal.cz
10. 11. 2020
[1] https://www.vlada.cz/assets/media-centrum/tiskove-zpravy/prohlidky.pdf
[2] https://koronavirus.mzcr.cz/wp-content/uploads/2020/10/P%C5%99%C3%ADloha-k-Usnesen%C3%AD-vla%CC%81dy-C%CC%8CR_c%CC%8C_1049_PLS_C%CC%8Cestne%CC%81-prohla%CC%81s%CC%8Ceni%CC%81-2020-10-17-08_02_28.pdf