New regulations on occupational health inspections: what does this mean for the hotel industry?

Key Changes in the Regulation

Previously, occupational health examinations were mandatory for all job roles. However, under the new 36/2024 NGM Decree, these checks are now only required for certain positions listed in the decree’s annex. These include jobs categorized as critical due to epidemiological concerns and roles involving night shifts.

Examples of Job Roles Requiring Mandatory Examinations:

1. Roles critical for epidemiological reasons:
   This includes employees involved in the production or distribution of food and beverages intended for public consumption, as well as those responsible for cleaning at such workplaces. For example, kitchen and restaurant staff must undergo mandatory health checks.
2. Night shift roles:
   Employees working between 10:00 PM and 6:00 AM, such as night receptionists, are also subject to mandatory examinations.

Legal Contradiction

The introduction of the new decree has created a legal contradiction with the previously existing 33/1998. (VI. 24.) NM Decree, which continues to mandate medical examinations for certain occupational, professional, and personal hygiene suitability. According to legal expert Dr. András Salamon, this conflict can be resolved by applying the principle of “lex specialis derogat legi generali” (special law overrides general law). Therefore, in the case of hospitality employees, the more specific 36/2024. NGM Decree takes precedence.

What Does This Mean in Practice?

Hotel operators and managers must now ensure that occupational health examinations are carried out for the roles specified in the new decree. Regular health checks for affected employees will not only ensure compliance with legal requirements but also enhance workplace safety and efficiency.

Further Information and Next Steps

The full text of the decree, including the annex listing all relevant job roles, is available to all stakeholders. It is recommended that businesses in the hospitality and catering industries consult occupational health experts or legal advisors to properly incorporate these changes into their operations.

The aim of these new regulations is to simplify and streamline the framework for occupational health while ensuring the protection of employees’ health and well-being.