Legal Basis for Pre-Employment Examination of Employees

Job entrance examinations play a critical role in terms of occupational health and safety and provide an assessment of the health status of employees before starting work. The obligation of employers to protect the health of employees and create a safe working environment has been determined by occupational health and safety legislations.

What are Job Entrance Examinations?

Job entrance examinations are medical evaluations conducted to determine whether the employee is suitable for the health conditions required by the job. These examinations not only determine the suitability of the employee's health status for work, but also serve as a preventive measure against occupational diseases and work accidents.

Legal Basis and Legislation

Job entrance examinations are regulated by national and international occupational health and safety laws. In Turkey, this process is clearly defined by the Occupational Health and Safety Law No. 6331 and the regulations issued on the basis of this law.

1. Occupational Health and Safety Law No. 6331

The Occupational Health and Safety Law No. 6331 regulates the measures that employers must take to protect the health and safety of employees and the health surveillance carried out in this context. According to the law, employers are obliged to carry out health checks of employees before starting work and during the working period. At the beginning of these controls, job entrance examinations come.

15 of the Law. within the scope of health surveillance, the article obliges employers to regularly monitor the health status of employees and perform health examinations upon entry into work.

2. Occupational Health and Safety Services Regulation

The Occupational Health and Safety Services Regulation regulates how to provide occupational health and safety services at workplaces, the duties of workplace physicians and other medical personnel. The regulation explains how entry to work and periodic health examinations should be carried out. 9 Of the Regulation. the article stipulates that the health examinations to be carried out when employees enter the workplace should be determined according to the nature of the job and the health risks of the employees.

3. Regulations of the Ministry of Labor and Social Security

Specific regulations for various sectors also contain provisions related to job entrance examinations. The determination of whether those who work in especially dangerous and very dangerous jobs are suitable for the physical and health conditions required by the job is made within the framework of these regulations. For example, the Heavy and Dangerous Jobs Regulation states that health examinations of employees in such jobs are mandatory.

The Necessity of Job Entrance Examinations

Job entrance examinations enable employees to assess their health status before starting work in order to prevent work accidents and occupational diseases. These examinations are mandatory, especially in the following cases:

1. Those who Work in Dangerous and Very Dangerous Jobs: People who will work in these jobs should have a job entrance examination to determine whether they are resistant to the health risks of the job they will be working in. These examinations help to prevent possible health problems and occupational accidents at work.
2. They Will Work in Heavy Physical Jobs: It should be determined whether the health conditions of people who will work in heavy and physically demanding jobs are suitable. These examinations determine whether a person's physical capacity can handle the loads required by the job.
3. Work Lines with a Risk of Occupational Diseases: Job entrance examinations are vital for those working in work lines with a risk of exposure to chemicals, dust, noise or radiation. Since such jobs can lead to serious occupational diseases, it is necessary to determine that employees are healthy at the beginning.

Obligations of the Employer

The employer assumes the responsibility of protecting the health and safety of employees. In this context, it is obliged to organize job entrance examinations and evaluate the suitability of employees for the job according to the results obtained from these examinations. The main obligations that the employer must fulfill are as follows:

• Organizing a Health Examination: The employer must organize employee entrance examinations and ensure that these examinations are performed by the workplace physician.
• Risk Assessment: According to the results of the job entrance examination, it is the employer's responsibility to assess whether the job will have a negative impact on the employee's health.
• Storage of Health Records: The employer is obliged to store the health examination records of the employees. These records are important for documenting the health status of employees at the time of starting work.

Rights and Responsibilities of the Employee

Employees also have some rights and responsibilities regarding the entrance examination:

• Obligation to Attend the Examination: Employees are obliged to attend the health examination organized by the employer. Not participating in these examinations is contrary to occupational health and safety regulations.
• Sharing of Health Information: Employees are obliged to provide accurate information about their health status to medical personnel. Giving incorrect information can put the safety of the employee and other employees at work at risk.

Employee entrance examinations are a mandatory process that is guaranteed by occupational health and safety regulations. The responsibilities of the employer and employees in this process are of great importance in terms of preventing occupational diseases and occupational accidents. The fact that employers take the necessary steps to assess the health status of employees appropriately for work and minimize health risks both protects employee health and increases productivity at work. Entrance examinations are not only a legal obligation, but also an important step that serves the purpose of providing a safe and healthy working environment.