Text file: 10914.txt
author: venera738
downvotes: 2
end consideration date: 2020-04-01
id: '10914'
number comments: 5
number views: 396
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  Preventive health examinations of workers are regulated by the Occupational Safety\
  \ and Health Act (Official Gazette of the Republic of Slovenia, No 43/11, ZVZD-1),\
  \ the Rules on Preventive Health Examinations of Workers (Official Gazette of the\
  \ Republic of Slovenia, No 87/02, 29/03-amended, 124/06) and the Labour Relations\
  \ Act (Official Gazette of the Republic of Slovenia, No 21/13, as amended, ZDR-1).\
  \ Thus, Article 36 of ZVZD-1 stipulates that the employer must provide workers with\
  \ medical examinations appropriate to the risks to occupational safety and health.\
  \ Article 33 ZVZD-1, in conjunction with Article 19 ZVZD-1, provides that the employer\
  \ must ensure the health of workers by entrusting the implementation of health measures,\
  \ which include the medical examinations referred to in Article 36 ZVZD-1, to an\
  \ occupational health care provider. In accordance with the provisions of ZVZD-1,\
  \ an occupational health practitioner is a health care provider that carries out\
  \ occupational, transport and sports medicine.\nIn the context of the employer's\
  \ provision of medical examinations of workers, the concepts of worker and employer\
  \ are also relevant. ZVZD-1 defines the concepts of worker and employer in accordance\
  \ with Council Directive 89/391/EEC. The Directive defines a worker as any person\
  \ employed by an employer, including trainees and apprentices, but excluding domestic\
  \ servants. The ZVZD-1 follows the provisions of the Directive. A worker is anyone\
  \ who has an employment contract with an employer. In order to ensure safe and healthy\
  \ work for all workers, ZVZD-1 extends the concept of worker to all persons who\
  \ are involved in the employer's work process on any legal basis. The legal basis\
  \ for work is regulated in individual regulations on labour relations, labour market\
  \ regulation, undeclared work, student work and pensioner work. The provision also\
  \ explicitly defines a worker as a person undergoing training as defined in the\
  \ Framework Directive (trainees and apprentices), although this form of work can\
  \ also be broadly included as work on a specific legal basis.\nAs well as the definition\
  \ of worker, the basic definition of employer in the ZVZD-1 is covered by the definition\
  \ under the law regulating employment relations. An employer is any legal or natural\
  \ person or other entity, as the provision may refer to by way of example, that\
  \ employs a worker and enters into an employment contract with that worker. Equivalent\
  \ to the definition of the term worker, employer is defined in such a way that anyone\
  \ who provides work to workers on any legal basis is considered to be an employer.\n\
  The ZVZD-1 and other regulations in the field of safe and healthy work are applicable\
  \ to students when they enter into an employer-employee relationship. This is particularly\
  \ the case in the following situations:\n when employers employ these persons on\
  \ the basis of temporary and occasional work assignments for pupils and students,\
  \ when they undertake work for the purpose of training.\nPreliminary medical examinations\
  \ are compulsory for workers, including students, who work on student work permits:\n\
  \ where a declaration on occupational safety and health implies specific health\
  \ requirements for work in a particular workplace, where a risk assessment implies\
  \ risks of accidents, occupational diseases and work-related illnesses, where the\
  \ examination is prescribed by specific regulations.\nIf the workplace where the\
  \ student is to work has a prescribed or specified medical examination, the student\
  \ must undergo a medical examination as for other employees working in such a systematised\
  \ workplace. However, the medical examination shall be carried out to the extent\
  \ appropriate to the risks of the workplace or to the extent provided for by specific\
  \ regulations.\nA medical examination under ZVZD-1 may only be carried out by an\
  \ occupational health practitioner, who shall also determine the type and extent\
  \ of the examination, depending on the risks, and the costs of the medical examination\
  \ shall be borne by the employer. This arrangement also ensures that students have\
  \ the same level of occupational safety and health as employees, which is the purpose\
  \ of the arrangement."
response date: 2020-04-21
response due date: null
sent date: 2020-03-03
title: Simplifying medical checks for work
upvotes: 22
url: https://predlagam.vladi.si/predlog/10914
