In October 2016, the Government approved a proposal aimed at reforming how employers provide Occupational Health Services (OHS) in relation to both employee numbers and the level of workplace health risks. In May 2017, the Ministry of Economic Affairs followed up with a package of measures, which included a reassessment of health surveillance processes for employees through the Primary Health Care (PHC) framework.
The goal of these measures is to simplify the employment conditions for risk-free employees, meaning those falling into work categories I and II. These include individuals performing jobs that pose no or only minimal health risks, such as office-based clerical roles or manual work that stays within legally defined safety limits.
This legislative change will take the form of an amendment to Act No. 355/2007 Coll. on the protection, promotion, and development of public health. The draft law is currently undergoing the public comment procedure, and the changes are expected to come into effect on 1 July 2017. So what exactly will change? For employers, the amendment introduces five main changes.
- at present, employers must assess employee health risks and work categorisation annually.
Under the revised law, effective 01.07.2017, this obligation will become a one-time requirement, with reassessment only necessary when a significant change occurs in the employee’s exposure to workplace health risks. This might happen if an employee changes roles or their current role is expanded to include riskier tasks. Employers who have already conducted assessments under the previous rules are considered compliant and need only reassess if working conditions change substantially.
- currently, safety engineers, authorised safety engineers, and safety technical services are permitted to perform health risk assessments and PZS services for employees in categories I and II.
The amendment to the Act will abolish the authorisation of safety engineers and technical services for PZS in categories I and II.
This change is justified by their lack of expertise in health surveillance. Employers must ensure that categorisation, health risk processing, and documentation are now carried out only by:
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a public health officer
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an authorised PHC contractor (with statutory doctor or public health officer)
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any doctor (no occupational health specialisation required)
Under the amendment, employers who use their own staff for PHC do not need to notify the public health authority in writing. Currently, employers are required to maintain full documentation of PHC. The amendment will abolish this obligation for category I and II employees. Risk assessment reports and work categorisation will still be required. Other documentation parts will no longer be mandatory.
This includes:
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work factors
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working environment
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work procedures
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occupational diseases
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health protection programmes
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first aid systems
The employer will no longer be obliged to continuously contract PHC services. This changes current duties under Article 30a(4) of the Act. Employers in categories I and II do not need permanent outsourcing of PHC. They must ensure a valid risk assessment and job health categorisation. The amendment creates a clear obligation to cooperate with PHC providers. Employers must allow workplace access and provide necessary information. Employers must also reassign employees if a medical assessment finds them unfit for their current role. This will now be a legal duty, not just a recommendation. The exact wording will be known after the amendment is passed. It is expected to take effect on 1 July 2017.
