I work in the warehouse as a forklift driver. My doctor has prescribed medication for which I cannot drive motor vehicles, etc., and I can perform other activities without any problems. I should take medicines for 3-4 months. What to do for my employer to assign me another job that meets the condition? I take PN-ku as a last resort.
The answer to the question must therefore be Labor Code and ust. of the Health and Safety at Work Act no. 124/2006 Z.z. If you have been prescribed medicines by your doctor, which may reduce or aggravate your attention, then § 148 of the Labor Code, according to which “employees have the right to ensure health and safety at work, information about the dangers arising from the work process and the working environment, and measures to protect them from their effects. Employees are obliged to take care of their safety and health at work and safety and health of those concerned. ”
The following applies. § 12 para. 2 of Act no. 124/2006 Z.z. on health and safety at work, according to which the employee is obliged, inter alia:
(a) comply with legislation and other health and safety regulations, safety and health at work guidelines, the principles of safe work, the principles of health protection at work and the principles of safe workplace behavior and the identified working practices with which properly and demonstrably familiar,
(b) not to drink alcoholic beverages, narcotics and psychotropic substances at workplaces and at the employer’s premises, and outside working places and premises at work, not under their influence on work.
It is not our responsibility to comment on the drug, the content of active substances that limit the attention of the forklift truck (hereinafter referred to as “forklift truck”). Based on the assumption that you have told your doctor the contents of your job description at the employer and explained to him that you will not be able to work under an employment contract under the influence of medicines, as there may be damage to your health as well as others the property, the doctor should have considered the suitability of the treatment.
An agreement with an employer
We recommend telling the employer to take the medication. The Labor Code does not deal with a similar situation in such a way that it would be the employer’s duty to transfer you to another job, as set out in Article 55 of the Labor Code, which stipulates the employer’s obligation to assign an employee to another job if (among other things) : (a) because of his state of health, the staff member has, for a long time, lost his ability to continue to perform his work, or if he is not permitted to carry out an occupational disease or disease, or where he has reached the maximum exposure permitted by a decision of the competent public health authority.
The prescription of the medicine is not a medical opinion and it will not be an obligation of the employer to transfer you to another job or other suitable work. In this case, too, it is not a long-term loss to carry out work to date. It is a matter of personal negotiations with the employer. In this case, a change of work could only be achieved by agreement with the employer.
It is also true that the employer must not consider as a failure to fulfill his / her duties if you refuse to conduct the VZV, as indicated by the law. § 47 of the Labor Code, as life or health of you as an employee or other person could be endangered.
If your transfer is not based on negotiation with the employer, then it is possible to ask your doctor for a medical opinion on the performance of the VZV driver, and in case of a positive opinion on the impossibility of performing the VZV driver’s job, ask the employer to transfer to another job under ust. § 55 para. 3 of the Labor Code. Here, if your employer is unable to reclassify you as part of a contract of employment, you may be assigned to work other than that agreed in the employment contract upon agreement with you.
The work that your employer would assign you on the basis of a medical opinion must match your employee’s medical fitness for work. The employer is also obliged to take into account that this work is suitable for the employee due to his skills and qualifications.
In the event that the employer does not agree to a temporary assignment to another job by mutual agreement, the last possibility to deal with this situation is the temporary amendment mentioned above.
The author of the answer does not take responsibility for the correctness and complexity of the answer, as the problem information is limited by the formulation of the question.