At the end of December 2024, a legislative amendment was published in the interests of legal competitiveness which also includes changes to the field of occupational safety and health. In this article, we summarise the new rules of Act XCIII of 1993 on Occupational Safety and Health (the “Occupational Safety and Health Act“) that will enter into force in 2025.
Simplification of the document preparation obligation
The employer is obliged to carry out risk assessment, risk management and the determination of preventive measures before the start of the activity and in justified cases. From 1 January 2025, the obligation to carry out periodic assessments under the Occupational Safety and Health Act has been extended to 5 years (compared to 3 years previously). These obligations now also apply if the employer’s scope of activity changes.
In addition, the legislation allows for the risk assessment to include a prevention strategy and the provision of personal protective equipment, so that these no longer need to be set out in a separate document.
Changes to the persons authorised to carry out tasks in the field of occupational safety and health
In many cases, the Occupational Safety and Health Act makes the performance of certain occupational health tasks by persons with professional qualifications subject to the approval of an occupational physician, but the legislator has considered that in certain cases it is appropriate to omit the medical approval and that persons with specific professional qualifications may perform certain occupational safety and health activities independently, thus making it easier for businesses.
Thus, from 1 July 2025, the occupational safety and health tasks required during the preliminary examination from an occupational safety and health point of view, the preparation of the occupational safety and health content of the rescue plan, the preparation of the occupational safety and health training agenda may be performed independently by a person with specialist medical degree in occupational medicine, occupational physician, occupational hygiene, public health epidemiology, preventive medicine and public health, or a person having qualification as a public health epidemiological inspector or supervisor. The tasks may continue to be carried out by a person qualified as a public health inspector or supervisor with the approval of an occupational physician.
The tasks relating to the occupational safety and health content of the risk assessment will also be carried out by persons with the qualifications listed above; this facilitation will also apply to employers with up to 50 employees classified the lowest, so-called class III risk category. This will also apply to the tasks related to the development of the occupational safety and health content of the prevention strategy from 1 July 2025.
For the same reasons, the scope of those entitled to carry out occupational safety and health tasks concerning the internal policy for the provision of personal protective equipment and the implementation of a working environment which does not pose a risk to health will also be amended from 1 July 2025. These tasks will be carried out by a medical doctor providing basic occupational health services or a person having qualification as a public health epidemiological inspector or supervisor. With medical approval, the tasks may continue to be performed by a person qualified as a public health inspector or supervisor.
Summary
The changes that came into force on 1 January and those that will be introduced later, on 1 July, will make it easier for businesses to comply with the safety and health requirements, both administratively and operationally.
If you have any questions about the practical application of the changes or compliance with any other occupational safety and health rule, our Office will be happy to help.
(Image Source: Luis Quintero, pexels.com)