We have read in many places that “in the future, the workplace medical examination will not be mandatory.” But what is the truth behind this? Can we really terminate contracts with occupational doctors and occupational health service providers? Let’s clarify how we should view this issue and what the reality is.
In December 2023, the Hungarian Parliament indeed passed a so-called “omnibus law,” which was published in the Hungarian Official Gazette No. 189. However, it is far from what we might initially think.
The law empowers the relevant ministers to define, in a decree, the job positions and tasks (occupations) for which a decision on fitness for work must be made based on a legally prescribed medical examination.
I quote: “The law empowers the minister responsible for the relevant area to: d) in agreement with the minister responsible for health and the minister responsible for employment policy, to define by decree the job positions and tasks (occupations) for which a decision on fitness for work must be made based on a legally prescribed medical examination, e) regarding the bodies under his or her supervision, in agreement with the minister responsible for health and the minister responsible for employment policy, to define by decree the job positions and tasks (occupations) for which a decision on fitness for work must be made based on a legally prescribed medical examination.”
The law will enter into force on September 1, 2024, giving the sectoral ministers time to define the above until that date. Therefore, no changes are expected regarding the occupational medical examinations until September 2024, and they will remain mandatory until then.
Furthermore, it is worth examining the other side of the coin, which concerns the employer’s responsibility in this matter.
From January 1, 2024, Section 49 of the Occupational Health and Safety Act will be supplemented with the following paragraphs: “A worker may only be employed in a job if: a) they have the appropriate physiological characteristics for performing it, b) their employment does not negatively affect their health, physical integrity, or the healthy development of minors, c) their employment does not pose a risk to their reproductive health or to a fetus, d) they do not endanger the health or physical integrity of others and have been deemed fit for work as prescribed by law.”
Another section of the Occupational Health and Safety Act states that a worker may only be assigned a job if they are medically fit for it and possess the necessary knowledge, skills, and competence to perform the work safely without endangering their health.
I quote Section 50 of the Occupational Health and Safety Act: “A worker may only be assigned a job if they are medically fit for it and possess the necessary knowledge, skills, and competence to perform the work safely without endangering their health.”
This raises interesting questions: If, in the future, we were to eliminate medical examinations, on what basis would the employer determine the aforementioned criteria and responsibly assess whether the worker:
- Has the appropriate physiological characteristics?
- Is their employment not harmful to their health?
- Is the worker fit to perform the job?
In summary:
- Occupational medical fitness examinations remain mandatory until September 1, 2024.
- In the future, medical examinations will not be mandatory for every job position under the new regulations.
- Employers will still be responsible for ensuring that the employee is fit for work and that their health is not endangered.
- Employers must document in writing that the employee meets the job fitness requirements.
- It is recommended that employers consult with an occupational health specialist to help ensure compliance with the regulations.
