AMENDMENTS TO THE RULES ON MEDICAL FITNESS TESTS FOR EMPLOYEES

On September 1, 2024, amendments to Act XCIII of 1993 on Occupational Safety (hereinafter: the "Occupational Safety Act") concerning medical examinations for job fitness will come into effect. According to these amendments, decisions regarding an employee’s fitness for a particular job will only be required based on a medical examination in cases specified by statutory provisions or at the employer’s discretion.

As a result, starting in September, there will no longer be a general obligation for employees to undergo a medical examination for fitness for work. Such examinations will only be necessary if prescribed by statutory provisions or if mandated by the employer. The Occupational Safety Act authorizes sectoral ministers to designate specific jobs, functions, and posts (hereinafter: "Jobs") for which a medical examination will remain mandatory through a ministerial decree.

As of the date of this newsletter, six ministries¹ have published draft decrees (hereinafter: "Draft Decrees") covering both the bodies under the respective Minister's jurisdiction and all sectors within the Minister's scope of functions. According to the Draft Decrees, conducting a medical examination for job-related fitness is mandatory only for Jobs where employees may be exposed to the risks outlined in the annex to the Draft Decrees.

The Draft Decrees, published for public consultation, uniformly list the risk factors that necessitate a mandatory medical examination as follows:

1. Increased risk of accidents (e.g., work performed at heights, mining jobs, jobs with fire or explosion risks, certain electrical jobs, live-line work, mobile work equipment, etc.);
2. Onerous working temperatures (extremely hot or cold environments);
3. Increased noise exposure;
4. Ionizing radiation;
5. Artificial optical radiation (e.g., laser);
6. Certain levels/types of vibration;
7. Exposure to pathological chemical agents;
8. Jobs of epidemiological significance;
9. Exposure to dust or asbestos;
10. Exposure to pathological biological agents;
11. Night shift work;
12. Manual handling of loads exceeding 10 kg.

Therefore, based on the Draft Decrees, a medical aptitude test will still be required for Jobs associated with the above risk factors within the respective sectors and entities under the control of the designated Ministers.

The Draft Decrees can be commented on until August 29 or 30, depending on the date of publication of the respective Draft Decree. The planned effective date for the decrees is September 1, 2024, coinciding with the amendment of the Occupational Safety Act.

If you have any questions, please do not hesitate to contact us.

¹ The Ministry of Interior; the Ministry of Culture and Innovation; the Ministry of Construction and Transport; the Prime Minister’s Office (publishing separately the draft decrees of the Minister Responsible for the Prime Minister's Office and of the Deputy Prime Minister); the Ministry for National Economy; and the Ministry of Agriculture.