Occupational Health: Still Mandatory and Employers’ Responsibility Greater Than Ever
In connection with the legislative changes that took place last year, many employers mistakenly concluded that they were no longer obliged to provide occupational health services. However, the truth is much more complex: the legal obligation still exists, and failure to do so poses serious legal and financial risks for companies.
The essence of the legislative changes and the most common misconceptions
With the legislative amendments that entered into force on 1 September 2024, the obligation of employers has been fully maintained in certain sectors, while in others the responsibility has become more indirect. In the absence of annual examinations, the company manager is legally liable for any health damage or workplace accident that occurs due to the lack of appropriate screening. Basic occupational health services remain mandatory for all employees (Section 58 of the Occupational Health and Safety Act). The employer remains responsible for:
- employing employees who are medically fit to perform their duties (Section 50 of the Occupational Health and Safety Act);
- monitor the health of your employees;
- ensure a work environment that does not endanger health;
- comply with the legislation, otherwise you can expect significant financial and legal consequences.
- Workplace accidents and legal consequences
According to an analysis by the Department of Occupational Safety and Health of the Ministry of National Economy, an average of 18-20 thousand occupational accidents occurred in Hungary annually between 2020-24, of which several hundred resulted in serious, permanent health damage or death. In the first half of 2024 alone, the amount of occupational safety fines amounted to 72 million forints, but this is dwarfed by the amounts paid out in compensation lawsuits successfully won by employees, which can be in the order of tens of millions. The majority of accidents affected companies with 50-249 employees, but companies with 10-49 employees are also at risk, and the accident rate among those employed in administrative positions is also constantly increasing.
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