Aktualności BHP - wydanie specjalne 2018/41

  • OSH on medical issues - court case law
    • Will the employee's health condition be outdated by the medical certificate? (1-3)
      Current medical certificate within the meaning of Article 229 § 4 of the Code there is a decision stating the employee's state of health on the date on which he or she is to be admitted to work. It is still valid during the period mentioned in it, but it becomes out of date in the event of occurrences in this period that may indicate a change in health (Supreme Court ruling).
    • Does the employer bear increased responsibility for possible infections of medical staff (4-6)
      At the hospital as an employer, there is an increased risk of liability for possible infections of medical personnel. Its representatives affected by viral hepatitis need not, therefore, prove that the infection occurred in connection with professional work, because this is an application resulting from the fact of employment in conditions of hospital exposure to such an infection (Supreme Court ruling).
    • The employer is obliged to prevent work-related illnesses (6-8)
      The employer is obliged to take measures to prevent occupational diseases and other diseases related to work performed, in particular to maintain devices in a state of constant efficiency limiting or eliminating health-related factors of the work environment and devices used to measure these factors.
    • Does an accident of an employee admitted to work on the basis of a defective medical certificate constitute an external cause (9-10)
      The employer's admission to work on the basis of a defective medical certificate may be the external cause of an accident at work only if the accident occurred while performing work contraindicated due to the employee's state of health (Supreme Court decision).
    • Can working conditions accelerate the spontaneous illness process of an employee? (10-11)
      A given incident can be considered as an accident at work, even when there are no legal grounds and the right to accuse the employer of negligence in referring employees to medical examinations if the working conditions accelerated the spontaneous disease process (ruling by the Supreme Court).
    • Will the absence of current medical examinations always be the external cause of an accident at work (12)
      In any case, not allowing an employee to work without a current medical certificate is the external cause of an accident at work. Such a possibility exists. However, accepting the occurrence of such a specific cause of an external accident depends in each case on a case-by-case basis (judgment of the Appeal Court in Rzeszów).