🔹 Introduction
Employing a worker involves the obligation to ensure safe working conditions. Before admitting an employee to work, the employer must fulfill two basic requirements: refer the employee for preliminary medical examinations and provide initial health and safety training. These are obligations arising directly from the Labor Code.
🔸 1. Preliminary Medical Examinations
✅ Legal Basis:
- Article 229 § 1–4 of the Labor Code
🧾 Who does it concern?
Preliminary medical examinations are mandatory for:
- newly hired employees (first contract),
- employees transferred to other positions, if the new position involves different harmful or burdensome factors,
- individuals employed under civil law agreements, if the work is performed in harmful conditions (based on separate health and safety and social insurance regulations).
❌ Exemption from Preliminary Examinations (since 2019):
Examinations are not required if:
- the employee was employed by the same employer within the last 30 days,
- they have a valid medical certificate from the same group of positions and the working conditions have not changed.
📄 Documents:
- Referral for examination – issued by the employer,
- Medical certificate – issued by an occupational health physician.
🚫 No examinations = no admission to work:
The employee cannot be admitted to work without valid examinations. Violation of the regulations may result in a fine ranging from 1,000 PLN to 30,000 PLN (Article 283 of the Labor Code).
🔸 2. Health and Safety Training
✅ Legal Basis:
- Article 237³ of the Labor Code
- Regulation of the Minister of Economy and Labor from 2004 on training in the field of health and safety
🧑🏫 Types of Training:
- Initial training (general and job-specific instruction):
- Mandatory before admission to work.
- Applies to all employees, including trainees and interns.
- Consists of two parts:
- General – health and safety rules in the workplace,
- Job-specific – rules for a specific position.
- Periodic training:
- Takes place at specified intervals (e.g., every 1, 3, 5, or 6 years – depending on the position).
- Applies to individuals employed in managerial, engineering, administrative, and labor positions.
📄 Documentation:
- Confirmation of completed training in personal files (part B).
- The trainer must have qualifications to conduct health and safety training.
🛡️ Sanctions for Non-Compliance
- Fine up to 30,000 PLN (Article 283 §1 of the Labor Code)
- Possibility of compensation in case of an accident at work if the employee was not trained or examined
- Criminal or civil liability in case of serious violations of health and safety regulations
📚 Legal Basis
- Labor Code, Article 229 and Article 237³
- Regulation on Health and Safety (Journal of Laws 2004 No. 180 item 1860)
- Regulation on Medical Examinations (Journal of Laws 2016 item 2067)