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“We run the risk that the employer’s obligation to take care of workplace safety is transferred to the shoulders of the employees. Gradually, such a flawed precedent could lead to a decrease in occupational safety standards and an increase in incidents. dangerous in the workplace ”, emphasizes Inga Ruginienė, President of the LPSK.
The COVID-19 test in unvaccinated workers is a mandatory medical examination. The procedure is clearly defined in three national laws: the Labor Code, the Occupational Health and Safety Law and the aforementioned Law on Prevention and Control of Communicable Diseases of Humans.
Although employees may be required to undergo a mandatory health exam (in this case, the COVID-19 test), it is the employer, not the employee, who organizes the process and pays the costs incurred. Also, the inspection time should be included in the working time.
“The project offers two paths: if an employee is not vaccinated, he will be fired or will have to take the test on his own. At first glance, this may seem logical, but in fact there are great dangers here, – says I. Ruginienė. – First, it leaves the responsibility for workplace safety to workers, which sets a dangerous precedent.
We’re just talking about COVID-19 now, but who can guarantee that once we bring up this important provision, we won’t run into similar dilemmas? This can open a Pandora’s box and gradually bring the occupational safety situation to the past. Second, the adoption of the bill would “break” the very scheme of how things work, leading to chaos. Legislation is not autonomous but is interrelated. Now is definitely not the time to allow yourself to recklessly experiment. “
The LPSK urges decision makers to pay attention to these risks and make it clear to the public that the employer is responsible for ensuring occupational safety. However, unions constantly receive information that employers are telling workers to pay for the tests themselves, threatening to stop working in another way, and requiring them to put them out of work.
