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Business asks to delay scheduled medical examinations for some categories of employees

24/ 04/ 2020
  This week, the Government adopted the Resolution №291 on medical examinations for workers. Thus, according to the legislation, there are three categories of employees, for which the employer is obliged to arrange the scheduled medical examinations. The first category includes workers whose activities are related to personal services, in particular, food production, public catering, and retail, etc. For example, these are chefs, medical staff, etc. The second category is people work in dangerous and hazardous conditions, drivers, including a list of specialties requiring professional selection (for example, elevators, oil and gas workers, telecommunication construction workers, etc.). Minor employees, who are under 18 years old, belong to the third category. At the same time, due to the coronavirus situation, all scheduled activities were canceled. In turn, medical examinations also fall under the category of “scheduled activities”. According to the Resolution, the scheduled medical examinations were postponed until the end of quarantine, but only for the first category of workers. Thus, the second and third categories were left behind and their situation remains unclear. For example, employees whose jobs involve a high level of risk, namely, to ensure the smooth functioning of critical infrastructure, do not fall within the rules of the adopted regulation. Thus, the business is concerned that the non-conduction of medical examinations for these categories of employees may be interpreted as the violation of the rules from its side. Certainly, the business community thanks to the Government and the Ministry of Health for solving this issue for the first category to ensure national food security. At the same time, the European Business Association appeals to the Ministry of Health with a further request. It is now important to initiate appropriate changes as soon as possible to allow the delay of medical examinations, first of all, for the second category, until the quarantine is completed, or the automatic renewal of those medical certificates which  expired during the quarantine period before the date of its termination. Also, it is necessary to tackle the situation with medical examinations when hiring new employees (food businesses, retail outlets, etc.). We hope that the business voice will be heard, and the issue will be resolved at the next Government meeting.

This week, the Government adopted the Resolution №291 on medical examinations for workers.

Thus, according to the legislation, there are three categories of employees, for which the employer is obliged to arrange the scheduled medical examinations.

The first category includes workers whose activities are related to personal services, in particular, food production, public catering, and retail, etc. For example, these are chefs, medical staff, etc. The second category is people work in dangerous and hazardous conditions, drivers, including a list of specialties requiring professional selection (for example, elevators, oil and gas workers, telecommunication construction workers, etc.). Minor employees, who are under 18 years old, belong to the third category.

At the same time, due to the coronavirus situation, all scheduled activities were canceled. In turn, medical examinations also fall under the category of “scheduled activities”.

According to the Resolution, the scheduled medical examinations were postponed until the end of quarantine, but only for the first category of workers. Thus, the second and third categories were left behind and their situation remains unclear. For example, employees whose jobs involve a high level of risk, namely, to ensure the smooth functioning of critical infrastructure, do not fall within the rules of the adopted regulation. Thus, the business is concerned that the non-conduction of medical examinations for these categories of employees may be interpreted as the violation of the rules from its side.

Certainly, the business community thanks to the Government and the Ministry of Health for solving this issue for the first category to ensure national food security.

At the same time, the European Business Association appeals to the Ministry of Health with a further request. It is now important to initiate appropriate changes as soon as possible to allow the delay of medical examinations, first of all, for the second category, until the quarantine is completed, or the automatic renewal of those medical certificates which  expired during the quarantine period before the date of its termination. Also, it is necessary to tackle the situation with medical examinations when hiring new employees (food businesses, retail outlets, etc.). We hope that the business voice will be heard, and the issue will be resolved at the next Government meeting.

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