Article 14.5 of the Law on Prevention of Occupational Risks (hereinafter LPRL) states: "The cost of the measures relating to health and safety at work can in no way be at the expense of workers. "
LPRL Article 22 of the states: " The employer must ensure workers in its service periodic monitoring of their state of health according to the risks inherent in the work [ ...].»
examinations or health surveillance tests are voluntary for the employee but not employer, because it comes out examinations or tests for the monitoring of the health risks according to work, and therefore, its realization is derived from the risk assessment conducted by the company and so it follows the provisions of art. 3.1 of Royal Decree 39/1997 of 31 January approving the Regulation of prevention services in establishing, "regularly monitor the conditions, organization and working methods and state of health of workers. "
Sometimes these examinations or tests take place outside working hours (for example, when meeting the worker being in rest days, or appointment in the morning when he actually made his workday to evening or night shift. ..) , which certainly represents an added cost to the worker, which in any case you can assume that demand.
Therefore, the employer is mandatory, while workers must ensure their service periodic monitoring of their health status according to the risks inherent in the work of that duty only visible exempted in relation to the conduct of medical examinations, if the employee waives them.
In short, it is understood that among the measures relating to health and safety at work is the free medical examinations of . The opposite only difficult, tiring and discourages employee or employee, which ultimately ends up not attending the revisions.
For this reason we have demanded from the SFP to give the City Council instructions because, retroactive to the date of entry into force of the current Agreement on economic, social and civil servants working for the service of the City Council will regulate the hours devoted to ALL fellow City Council (regardless to their membership in either group) in conducting medical examinations or health surveillance tests, considering them as effective working time, when they brought place outside their working hours.
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