The planned abolishing of the state of epidemiological threat as of 1 July 2023 will cause various specific provisions included in the so-called Covid Act to cease to be effective.

Under one of the provisions of this special act, the obligation for employees to perform periodic examinations was abolished. The abolishing of the state of epidemiological threat will result in the obligation to carry out outstanding tests within 180 days from the abolishing of this state. This means that all examinations that were not performed during the epidemic period must be supplemented within the aforementioned deadline.

The possibility of skipping preliminary examinations for those hired for administrative and clerical positions will also be abolished in situations where these people have a current medical certificate from a previous employer and are employed under the same conditions.

The special act also made changes to the codical rules for exemption from preliminary examinations:

• for persons rehired by the same employer for the same position, or for a position with the same working conditions, and
• for persons accepted for employment with another employer if they have a medical certificate and are employed under the same conditions (excluding persons hired for particularly hazardous work).

The Covid Act extended the permissible interval between the termination of a previous employment relationship and the establishment of a new one to 180 days (previously the period was 30 days).

Employers who have taken advantage of the exemptions provided by the Covid Act should take steps now to supplement their medical examinations to avoid delays in fulfilling an obligation whose timely execution may be hampered by the limited number of occupational medicine physicians.

A delay is punishable by a fine ranging from PLN 1,000 to PLN 30,000.

Find more in the PRO HR May 2023