ORIGINAL PAPER
Decisions on the state of health of employees and applicants for work with the use of ICT media
 
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1
Uczelnia Łazarskiego w Warszawie / Lazarski University in Warsaw, Warsaw, Poland (Wydział Prawa i Administracji / Department of Law and Administration)
2
Uniwersytet Medyczny w Łodzi / Medical Univeristy of Lodz, Łódź, Poland (Zakład Prawa Medycznego / Department of Medical Law)
CORRESPONDING AUTHOR
Justyna Zajdel-Całkowska   

Uczelnia Łazarskiego w Warszawie, Wydział Prawa i Administracji, Świeradowska 43, 02-662 Warszawa
Online publication date: 2020-10-27
 
Med Pr 2021;72(1):19–27
 
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ABSTRACT
Background: The applicable law permits the use of information and communications technology (ICT) media in the process of providing health services, including preventive examinations. The right to perform preventive examinations using ICT should not be identified with an absolute obligation in this respect. An occupational medicine doctor may refuse to perform a preventive examination remotely if the specificity of medical activities and patient safety require personal contact with the doctor. The state of the epidemic prompted the legislator to adopt solutions enabling employees to continue working on the basis of an invalid decision, provided that it expired after March 7, 2020. The obligation to perform preventive examinations has been suspended, as a result of which their conduction during the epidemic is pointless. However, the obligations of the employee and the employer must be fulfilled in this respect immediately, but not later than within 60 days from the date of the epidemic cancellation. Material and Methods: The study uses the method of analyzing the currently applicable legal provisions allowing the use of ICT in the provision of health services. In addition, regulations governing the possibility of obliging employees to work remotely during the epidemic were also analyzed, together with the non-performance of preventive examinations and admissibility of work under a decision which had expired before March 7, 2020. Results: Current legal regulations are ambiguous and cause interpretation difficulties. The possibility of issuing decisions as a result of preventive examinations is a potential risk of liability for doctors who do not have specialist knowledge in the field of occupational medicine. Conclusions: The solutions of the Act on COVID-19 regarding the performance of preventive examinations introduce new rights and obligations for employees and employers as well as doctors. Their implementation is necessary due to the purpose of the newly introduced regulations, whose task is to minimize the risk of the COVID-19 infection. At the same time, it is necessary to adopt a unified position with regard to the rights and obligations of doctors issuing decisions for the purposes specified in the Labor Code. Med Pr. 2021;72(1):19–27
eISSN:2353-1339
ISSN:0465-5893