Medical exams for a temporary worker are arranged by the agency, but the referral content comes from the host employer, and it decides whether the clearance allows the worker onto a specific position. A general description, e.g. "warehouse work," ends up with a clearance that does not cover work with machinery or at height.

Who issues the referral for a temporary worker's medical exams

The duty to refer a temporary worker for preventive exams (initial, periodic and follow-up) rests by default on the agency as the formal employer (Article 229 §4 of the Labor Code). The agency and the host employer may agree in writing, before signing the contract with the worker, that this duty, together with other health-and-safety tasks, passes to the host employer. Without such an agreement, the referral is issued by the agency. These Labor Code rules apply to employment contracts. With a contract of mandate (umowa zlecenia), which is common in temporary work, whether and which exams are required depends on the contract and on arrangements with the plant, which also ensures safe conditions for people on such contracts working on its premises.

Where the referral content comes from

Regardless of who formally issues the document, the host employer must give the agency information on the working conditions at the position: harmful and burdensome factors and qualification requirements. It is this information that reaches the doctor, not the position name from the order.

If the host gives only a general description, the doctor will examine solely what follows from that description. The clearance will be valid, but it will not cover work at height, with running machinery, or operating a forklift; these elements must be stated explicitly in the referral.

The effect of a vague referral

The worker arrives for a shift with a valid clearance and cannot be admitted to work at the intended position. They lose a day, the plant loses a worker, and the exam must be repeated, this time based on a referral that describes the real conditions. A repeat exam with specialist consultations rarely fits into one visit, so the worker's start is usually pushed back by several working days. A similar mechanism, from the worker's perspective, is described in the article on initial work exams.

Who pays for the medical exams

Under an employment contract, the cost of preventive exams is borne by the employer, in temporary work the agency, since it employs the worker. For our job offers, initial exams are paid for by us or by the host plant.

Is a clearance from a previous employer sufficient

Only in exceptional cases. Article 229 §1(1) of the Labor Code allows recognizing a clearance from a previous employer only when three conditions are jointly met:

  • the exam is current,
  • it states no contraindications to work in the conditions described in the referral,
  • those conditions match the conditions at the new position.

The exception does not cover particularly hazardous work: there, recognizing a previous clearance is excluded. In temporary work this exception does not apply anyway: a temporary worker may not be assigned particularly hazardous work. In temporary work, where positions change often, these three conditions are rarely met at the same time.

Follow-up exams after sick leave

A follow-up exam is mandatory before admitting a worker to work after incapacity for work caused by illness lasting longer than 30 days (Article 229 §2 of the Labor Code), regardless of the illness's cause. Consecutive sick leaves following one another add up into one period, but even a one-day break resets the count. With a contract of mandate, reporting an illness and returning to work follow the rules set out in the contract.

The date of the next periodic exam is set by the occupational medicine doctor in the clearance. It is tracked by the party that, per the written agreement, is responsible for referring workers for exams, by default the agency. When referring to another plant, the validity of an earlier clearance is assessed through the lens of the conditions described in the new referral, not just the expiry date.

Splitting tasks in writing

Who collects the position description, who issues the referral, who tracks the deadlines for periodic and follow-up exams: three questions worth settling before referring the first person. The full breakdown of duties between the agency and the plant is covered in the article on host employer duties. For a first cooperation, this document flow we will set up before the start.

Frequently asked questions

### Can the host employer take over the duty to refer workers for exams from the agency?
Yes, if the agency and the host employer agree to it in writing before signing the contract with the worker, together with the remaining health-and-safety duties. Without such an agreement, the duty stays with the agency.

### Does an exam from a previous plant need to be repeated when the position changes?
Yes, if the new position has different working conditions than those described in the previous referral. The clearance covers only the conditions that were actually examined.

### After how many days of sick leave are follow-up exams required?
After incapacity for work due to illness lasting longer than 30 days. Even a one-day break between sick leaves resets the period count.

### Is an exam from a previous employer valid at a new one?
Only if three conditions are jointly met: the exam is current, there are no contraindications to the conditions from the referral, and those conditions match the new position. The exception does not cover particularly hazardous work.