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The Act Of 27 June 1997 On Occupational Health Service

Original Language Title: USTAWA z dnia 27 czerwca 1997 r. o służbie medycyny pracy

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ACT

of 27 June 1997

on the service of occupational medicine

Article 1. [ Work Medicine Service] 1. In order to protect the health working against the impact of adverse working environment conditions and the way of its execution and the exercise of preventive health care on working, including the control of working health, a medical service is created work.

2. Systematic control of working health, carried out also in order to actively influence the improvement of working conditions by the employer and to reduce in this way occupational risks, includes procedures and research for the assessment of occupational health directed to identify these elements of health, which remain in a causal relationship with working conditions.

3. In the framework of health surveillance, the workers receive information and medical indications as to how to prevent adverse changes in health.

Article 2. [ Entities performing the tasks of the occupational health service] 1. The tasks of occupational medical services perform: doctors, nurses, psychologists and other persons with professional qualifications necessary for the performance of multidisciplinary tasks of this service.

2. The organisational units of the occupational medicine service are:

1) entities performing a medical activity for the purpose of exercising preventive health care of the working, excluding nurses and obstetricians performing the profession in forms specified by separate regulations, hereinafter referred to as " basic units occupational health services ';

2) the voivodship centres of occupational medicine.

3. The tasks of the occupational medicine service shall carry out, to the extent and on the principles laid down by the Act:

1) nurses performing individual nursing practice, individual specialist nursing practice, group nursing practice, excluding the tasks referred to in art. 6 para. 1 point 2 (a) a-e, g and h and point 3;

2) the psychologists and the persons with the qualifications referred to in paragraph. 1, in the course of business activity.

4. The tasks of the occupational medicine service shall carry out, to the extent and on the principles specified in the law, also Research and development units [ 1] and organizational units of medical universities, operating in the field of occupational medicine.

Article 3. [ Principle of independence] The persons carrying out the tasks of occupational medicine in the performance of professional activities shall be independent of employers, employees and their representatives and other entities on whose behalf the tasks of that service are carried out.

Article 4. [ Definitions] Whenever there is a law in the law:

1) preventive health care-this should be understood as a general rule of action to prevent the emergence and the spread of adverse health effects which are directly or indirectly linked to the conditions or the nature of the work;

2) working-this must be understood by the persons mentioned in Art. 5 par. 1 and 3;

3) employers-this must be understood by an organisational unit, even though it has no legal personality, as well as a natural person-if those entities employ employees-or the employer's counterpart of a business relationship;

(4) occupational risks-this should be understood by the possibility of adverse events resulting from the work of loss-making events, in particular adverse health effects resulting from occupational hazards occurring in the the work environment or the way in which the work is performed;

4a) (repealed);

5) (repealed).

Article 5. [ Realization of tasks] 1. The service of occupational medicine carries out the tasks specified in the Act in relation to:

1) employees;

(2) persons who remain in a business relationship;

3) persons performing work on the basis of a contract of employment overlays;

3a) (repealed);

4) candidates for secondary or tertiary schools and for qualifying vocational courses, students of those schools, students and listeners of professional vocational courses, who during the practical instruction of the profession are exposed to the factors harmful, burdensome or dangerous to health;

5) participants in doctoral studies, who during their studies are exposed to harmful, burdensome or hazardous factors for health;

6) persons providing employment in the course of a custodial sentence in detention facilities, being in the custody of investigators or performing work as part of the penalty of restriction of liberty.

2. The obligation to cover preventive health care shall lie with:

1) employers-in relation to the persons mentioned in the mouth. 1 points 1 to 3;

2) a school, a higher school or an organiser of professional training courses-in relation to the persons mentioned in the mouth. 1 point 4;

3) a unit entitled to conduct doctoral studies-in relation to the persons mentioned in the mouth. 1 point 5;

4. the employing party, in relation to the persons referred to in the paragraph. 1 point 6.

2a. (repealed).

3. The prophylactic health care services of occupational health services shall include, upon their application:

1) persons engaged in an economic activity on their own account and persons cooperating with them;

2) persons performing work on a different basis than the employment relationship, with the exception of the persons mentioned in the mouth. 1 point 3;

(3) the individual farmers and the members working with them as well as members of the agricultural production cooperatives;

4) former employees and persons who have performed work on a different basis than the employment relationship, as well as persons who have remained in a business relationship.

4. (repealed).

Article 6. [ Scope of tasks] 1. The service of occupational medicine is competent to carry out tasks in the scope of:

1. to reduce the harmful effects of work on health, in particular by:

(a) cooperation with the employer in the processes of recognition and assessment of the factors in the work environment and the ways in which work can be carried out that may have a negative impact on health,

(b) co-operation with the employer in the processes of recognition and assessment of occupational risks in the working environment and informing employers and working on the possibility of adverse health effects resulting from the health,

(c) giving employers and working advice on the organisation of work, ergonomics, physiology and psychology of work;

2. preventive health care for the working, in particular by:

(a) the implementation of the preliminary, periodic and checking tests provided for in the Code of Work,

(b) medical caselaw for the purposes laid down in the Code of Work and in the provisions adopted on the basis of the Code,

(c) an assessment of the feasibility of the work or the collection of sciences taking into account the state of health and the hazards occurring in the workplace or

(d) carrying out consultative, diagnostic and case-law activities in the field of professional pathology,

(e) carrying out active counselling in relation to sick persons or other diseases related to the work carried out,

(f) the implementation of the preventive vaccination referred to in Article 20 of the Act of 5 December 2008. o Prevention and control of infections and infectious diseases in humans (Dz. U. of 2013 r. items 947 and from 2014. items 619 and 1138),

(g) the monitoring of the health status of persons working in special risk groups, and in particular those performing work under conditions of breaching of hygienic, adolescent, disabled and women of child-bearing and pregnant women,

(h) carrying out studies enabling early diagnosis of occupational diseases and other diseases related to the work carried out;

3) the conduct of ambulatory medical rehabilitation, justified by the established professional pathology;

4) to organise and provide first medical assistance in emergency cases and accidents that occur at the workplace, service or retrieval of science;

5) the initiation and implementation of health promotion, and in particular of the preventive health care programmes resulting from the assessment of the health of the working;

6) to initiate the activities of employers for the protection of the health of workers and to provide assistance in their implementation, and in particular in the scope of:

(a) to inform workers of the principles of occupational risk reduction,

(b) the implementation of the principles of health prevention in workers belonging to specific risk groups,

(c) creating conditions for the conduct of professional rehabilitation,

(d) implementation of health promotion programmes,

(e) to organise first pre-medical aid;

7) conduct analyses of the health of workers, and especially the prevalence of occupational diseases and their causes and causes of accidents at work;

8) the collection, storage and processing of information on occupational exposure, occupational risks and the health status of persons covered by preventive health care;

9) (repealed).

2. In relation to persons performing work on a basis other than the employment relationship service of occupational medicine shall perform the tasks specified in the paragraph. 1.

3. In relation to the persons referred to in art. 5 par. 1 points 4 and 5 of the occupational health service shall perform the tasks referred to in paragraph 1. 1 point 2 (a) (c) and, as appropriate, points 3 to 8.

4. The Minister of Justice, in consultation with the Minister responsible for health shall determine, by means of a regulation, the extent to which the service of occupational medicine performs tasks against the persons mentioned in art. 5 par. 1 point 6, taking into account the need to ensure the protection of the health of those persons.

5. The Minister of Health shall, in agreement with the Minister for Education and Education and the Minister responsible for higher education, determine, by means of a regulation, the scope and procedure for medical examinations of the persons referred to in Article 4. 5 par. In the light of the need to adopt objective and necessary criteria for the assessment of health, and taking into account the need to protect the personal data of persons subject to examination, the need for the protection of personal data shall be documented.

6. The Minister of Health shall determine, by means of a regulation, the scope and the mode of exercising the health care of occupational health care in relation to the persons referred to in art. 5 par. 3, taken care of at their request, taking into account the scope of tasks of the occupational medicine service.

7. (repealed).

Article 7. [ Co-operating entities] 1. The service of occupational medicine, carrying out its tasks, co-operates with:

1) employers and their organizations;

(2) workers and their representatives, and in particular with trade unions;

3) doctors providing working benefits in the field of primary health care;

4) the Social Insurance Company, the Agricultural Social Insurance Fund and the Government Plenipotentiary for Persons with Disabilities, the Disability teams and the National Health Fund;

5) the State Labour Inspectorate, the State Sanitary Inspection and other supervisory and control bodies of the working conditions;

6) research and development units , higher education institutions and other organisations and institutions whose activities serve to protect working health.

2. Cooperation with employers and their organisations and with the employees and their representatives consists in particular of:

1) the current mutual exchange of information on the health risks occurring in the jobs and the presentation of proposals aimed at their limitation or liquidation;

2) participating in pro-health initiatives for working, especially on the implementation of health promotion programmes;

3) making the choice of the forms of health care and their implementation programmes, relevant to the type of establishment and the occupational hazards that occur in it.

3. Co-operation with the doctors referred to in the mouth. Article 1 (1) (3), in particular, shall consist in the exchange of information on the health status of the persons employed in their care, in particular on medical conditions likely to be related to occupational hazards or the way in which work is to be performed.

4. Cooperation with the Social Insurance Company, the Agricultural Social Insurance Fund, the Representative of the Government for the Affairs of Persons with Disabilities, the Disability teams and the National Health Fund (National Health Fund) In particular, on the performance of occupational health services by the occupational health service on the basis of a contract concluded for entities carrying out tasks in the field of case-law on incapacity for work and the need to carry out professional rehabilitation, conditioning the right to benefits from social security, insurance social farmers, the case-law referred to in the provisions on professional and social rehabilitation and the employment of disabled persons as well as health benefits in the field of professional pathology.

5. In the framework of cooperation with the State Labour Inspectorate, the State Sanitary Inspection and other supervisory and control bodies of working conditions:

1) the units of the occupational health service shall inform the appropriate inspection of the health risks identified at the workplace and the cases of violation by the employer of the health protection obligations of the employees, resulting from the Code the work, this law and the provisions adopted on their basis;

2. appropriate inspections and other bodies shall inform the relevant occupational health service units of the results of the control of employers in matters affecting the health protection of workers.

6. Co-operation with R & D units , higher schools and other organisations and institutions whose activities serve to protect working health shall include, in particular, the principles laid down in separate regulations, participation in scientific and research work, commutations and symposia scientific advice, transmission of scientific information, participation in post-graduate training and in consultation in the formulation of curricula and professional development programmes.

Article 8. [ Delegation] Minister of National Defence, Minister of Justice for Home Affairs, Minister of Justice and Minister responsible for transport, in consultation with the Minister responsible for Health, everyone in the area of their action, will determine, on the way regulations, tasks of occupational medicine not specified in art. 6 para. 1, and resulting from the specificity of the professional risk of persons employed or remaining in a business relationship in the subordinate or supervised establishments and other organisational units, taking into account the specificity of the working environment.

Article 9. [ Eligibility Requirements] 1. For the performance of occupational health care tasks in the field of preliminary, periodic and control examinations and for the exercise of preventive health care for the workers, necessary for the working conditions, doctors are entitled to perform the additional qualification requirements, as defined in the art mode. 229 § 8 point 4 of the Labour Code.

2. The additional qualification requirements referred to in paragraph. 1, there are also doctors performing the tasks of occupational medicine services specified in art. 6 para. 1 point 2 (a) c.

3. The Minister of Health, by way of regulation, shall determine the medical specialisations necessary for the execution of the case-law in the field of occupational diseases, taking into account the nature and specificity of occupational diseases.

4. The Minister of Health may specify, by means of a regulation, the tasks of occupational health services whose performance by non-medical persons requires the possession of additional qualifications, the type and mode of obtaining those qualifications, and models of the documents used, having regard to the need to ensure an adequate level of benefits and taking into account the need to protect the personal data of the persons under examination.

Article 10. [ Taking up and completing the business] 1. The subtracting and termination of the activity by the basic unit of the occupational medicine service, the nurse, the psychologist or other person referred to in art. 2. 1, in the scope of preventive health care for the workers, shall require notification, in written form, in due regard for the place of its execution of the voivodship of the occupational medicine centre.

2. The application shall be carried out by the basic unit of the occupational medicine service, the nurse or the psychologist referred to in art. 2. 3, or any other person referred to in art. 2. 1.

3. The notification referred to in paragraph. 1, depending on the entity undertaking or terminating the activity in the field of preventive health care shall include, as appropriate:

1) the name of the basic unit of the occupational medical service or the name and surname;

2) the address of the place of execution of the practice referred to in art. 2. 2 point 1 lithium. c and mouth. 3 (1), or the business address referred to in Article 3 (1), or the address of the business 2. 3 point 2;

3) the designation of the entity creating within the meaning of the provisions on medicinal activity and the address of the medicinal entity carrying out preventive health care, if the application is made by the basic unit of the occupational medicine service not being a medical practitioner as an individual medical practice, an individual specialist medical practice or a group medical practice;

4) the number of the exercise of the profession;

5) deadline for the taking or termination of the activity;

6) information on additional qualifications to carry out preventive examinations or perform tasks of the occupational medicine service.

4. The application shall be made within 30 days from the date of the taking or termination of the activity.

Article 11. [ Medical documentation] 1. The unit of occupational medicine service shall keep the medical records of persons covered by the scope of its operation.

2. The obligation to carry out medical records shall also include a nurse referred to in art. 2. 3 point 1.

2a. The obligation to carry out documentation of research and psychological judgings also includes a psychologist referred to in art. 2. 3 point 2.

3. The data contained in the medical documentation and the data contained in the documentation referred to in the paragraph. 2a, they are covered by professional and professional secrecy. Such data may be made available only to the entities referred to in Article 4. 19 and art. 2. 4 and to entities entitled to provide them with medical records on the basis of separate provisions and under the rules laid down in those provisions.

4. The Minister of Health, after consulting the General Medical Council and the Chief Councils of Nurses and Midwives, will determine, by means of a regulation, the types of medical documentation referred to in paragraph 1. In order to ensure the proper documentation of the examinations carried out and to ensure the protection of personal data, 1 and 2, as well as the manner in which it is kept and stored, and the manner in which documents are used.

5. The Minister responsible for Health shall determine, by means of a regulation, the types of documentation of the studies and psychological decisions referred to in paragraph. 2a, the models of the documents used and the detailed manner of its conduct, storage and making available, with a view to the proper documentary evidence of the studies carried out and to ensure the protection of personal data. The Minister responsible for health before the adoption of the regulation can consult the National Council of Psychologists.

Article 12. [ Form of contract] 1. Preliminary, interim and control examinations of the employees and other health benefits shall be carried out on the basis of a written contract concluded by the entity required to provide them, referred to in art. 5 par. 2, hereinafter referred to as the "principal", with the basic unit of occupational medicine service, hereinafter referred to as the "concession holder".

2. The Agreement shall specify in particular:

1) the parties to the contract and the persons covered by the benefits of the contract;

2) the scope of health care, which in relation to employees should include at least those types of benefits, to which the provision of the payer is obliged on the basis of the Labour Code, this Act and the provisions issued on their basis;

3) the conditions and manner of granting health benefits, and in particular: the way of registering the persons covered by the contract, the organisation of the provision of benefits, the mode of transmission of medical certificates with the capacity to work or study and the manner of administration of those information to the interested parties;

4) the manner in which the payer has checked the performance of the contract;

5) obligations of the payer to the payer concerning:

(a) the transmission of information on the occurrence of harmful factors to health or onerous conditions, together with the current results of the tests and measurements of these factors,

(b) ensuring the participation in the committee on health and safety at work on the premises of the establishment,

(c) ensure that the working positions can be reviewed in order to assess the working conditions,

(d) making available documentation of the results of the inspection of working conditions, in the part relating to health protection;

6. the amount of the debt, the way in which it is fixed, the payment terms and the financial clearance mode

7) admissibility of subcontracting to third parties by the contractor of certain obligations under the contract, in accordance with art. 14;

8) the period for which the contract has been concluded, with the fact that the period may not be less than one year;

9) the way of resolving the contract for the denunciation and the cases constituting the basis for the termination of the contract with immediate effect;

10) the mode of settlement of disputes related to the execution and financial settlement of the contract, especially in the case of the deficiencies found in the mode specified in the art. 18 (1) 2 Point 2.

3. The implementation of the tasks of the occupational medicine service, defined in the art mode. 9 ust. 4, by the persons referred to in art. 2. 3, shall be made on the basis of the contract concluded with the payer. The provisions of the paragraph 2 shall apply mutatis mutandis.

4. The client shall inform the competent inspection of the failure by the payer of the obligations referred to in paragraph 1. 2 point 5.

Article 13. [ Entity Selection] The originator, acting in agreement with the employees ' representatives, shall have the right to choose the basic unit of the occupational health service.

Article 14. [ Request] 1. The basic unit of the occupational health service may contract, on the basis of a contract, the performance of certain benefits, in particular diagnostic tests and specialised medical consultations, entities performing medicinal activity entitled to the execution of these benefits on the basis of separate provisions.

2. The costs of the orders referred to in paragraph. 1, they charge the basic unit of occupational medicine service.

Article 15. [ Provincial Health Centre] 1. The self-government of the voivodeship creates and maintains the voivodship of the occupational medicine centre.

2. The head of the voivodship of the occupational medicine centre is a specialist doctor in the field of occupational medicine or industrial medicine.

Article 16. (repealed).

Article 17. [ Tasks of the provincial occupational health centre] The tasks of the voivodship of the occupational medicine centre shall be:

1. giving consultations to the basic units of the occupational health service;

2) performing the control of the basic units of the occupational medicine service, to the extent and in the manner specified in the Act;

3) conducting undergraduate education in the field of occupational medicine, except for those forms which, by virtue of separate provisions, are reserved to the competence of other units;

4) conducting diagnostic and jurisprentiary activity in the field of occupational diseases;

5. consideration of appeals against medical certificates issued for the purposes provided for in the Code of Work;

6) co-operation in the programming and implementation of tasks in the field of health prevention and promotion;

7. providing consultation and advice on matters relating to the organisation and functioning of health care services and other matters relating to the protection of workers ' health;

8. keeping records of the declarations referred to in art. 10;

9. the provision of health care services, in the quantities necessary to carry out specializations of occupational medicine and other medical specializations, the program of which includes the completion of directional internships in the field of occupational medicine-in accordance with the principles laid down in art. 12;

10) the provision of health care services at the request of the units of basic occupational health services in the scope and on the principles laid down in art. 14;

11) the reception, collection, storage and processing of documentation of the occupational medicine service, transmitted in connection with the liquidation of the organizational units of this service;

12) the collection, storage and processing of the information contained in the records referred to in art. 10, and documentation from the inspection of the units of basic occupational medicine services registered in the voivodship area;

13) carry out periodic medical examinations carried out in the art mode. 229 § 5 of the Labour Code, where the entity that employed the employee has been liquidated;

14) carry out the examinations and issue of medical certificates specified in separate regulations.

Art. 17a. [ Test limit] The Minister for Health shall determine, by means of a regulation, the limit of the tests to be carried out for the purposes provided for in the Code of Work for the Health Benefits referred to in Article 17 point 9, taking into account the necessity of their conduct for the needs of the specialization training of doctors by the voivodship centers of occupational medicine.

Article 18. [ Audit] 1. The audit referred to in art. Article 17 (2) covers the mode, scope and quality of the health care services provided and the health care provided for in the Act.

2. If, as a result of the inspection carried out, the irregularities were found, the head of the voivodship of the occupational medicine centre directs to the basic unit of the occupational medicine service or persons referred to in art. 2. 3, the occurrence of the post-control, indicating the irregularities and their causes, and the conclusions concerning their removal, and shall specify the time limit for the notification of the recommendations contained in the conclusions or of their failure to implement them together with the reasons for their removal.

3. In the event of significant deficiencies concerning the mode, scope and quality of health benefits provided or health care, the head of the voivodship of the occupational health centre shall at the same time address the application to:

1) the payer for the application to the payer of the effects provided for in the contract;

2. the competent authority of the competent district of the Chamber:

(a) to initiate proceedings in respect of the professional liability referred to in art. 38 of the Act of 19 April 1991. about the self-government of nurses and midwives (Dz. U. No 41, pos. 178, of late. zm.) [ 2] or

(b) the initiation of proceedings concerning the professional responsibility referred to in art. 41 of the Act of 17 May 1989. o medicare chambers (Dz. U. Nr 30, pos. 158, of late. zm.) [ 3] or to appoint a commission to assess the professional preparation referred to in art. 11 of the Act of 5 December 1996. about the professions of a doctor and a dental practitioner (Dz. U. of 2011 r. No. 277, pos. 1634, of late. zm.); or

3) The Regional Ombudsman for Disciplinary Proceedings for the initiation of disciplinary proceedings referred to in art. 20 of the Act of 8 June 2001. about the profession of psychologist and professional self-government psychologists (Dz. U. Nr. 73, pos. 763, with late. zm.).

Article 19. [ Control privileges] The person appointed by the head of the provincial labour medical centre, entitled to perform the checks, has the right to demand from:

1) a controlled entity-the necessary information and access to documentation, except that medical records can be made available only to persons performing the appropriate medical profession;

2. the payer of the occupational health service task-access to work stations in order to verify their assessment by the person who is the primary unit of the occupational health service, the person employed in the primary unit of that service or the person performing the the tasks of this service in the forms referred to in Article 2. 3.

Article 20. [ Quality control of health care benefits] 1. The control of the quality of the health benefits provided in the voivodship centres of occupational medicine and the control of the implementation of the tasks referred to in art. 17, carry out, on behalf of the minister responsible for health, the bodies referred to in art. 2. 4.

2. The provisions of the paragraph. 1 and Art. 18 and 19 shall be without prejudice to the provisions on checks carried out on the basis of the provisions on medicinal activities and the provisions on the exercise of the profession of doctor or of the provisions on the exercise of the profession of nursing and midwife.

Art. 20a. [ Tasks of research and development units and organizational units of medical universities] The units referred to in Article 2. 4:

1) as regards the tasks of occupational medical services referred to in art. 6 para. 1 point 2 (a) b-d:

(a) participate in the adjudication of occupational diseases within the scope of the separate provisions,

(b) shall rule for the purposes provided for in the Labour Code in cases where the content of a medical certificate issued by a doctor employed in the provincial occupational health centre has been challenged;

2) lead, on the basis of separate regulations, pre-diploma and postgraduate education in occupational medicine, occupational safety and hygiene, ergonomics and psychology of work;

3) initiate, develop and maintain, including also on the order of the minister competent for health, the prevention programmes of health risks resulting from the impact of adverse environmental conditions and the way of performing work, in particular disclosed by epidemiological studies;

4) assist the organisational units of occupational medicine service activities in the field of occupational medicine, occupational safety and health, ergonomics and psychology of work, and perform expert reports, especially in the situation of new problems on working health.

Article 21. [ Subsidies for customs purposes] 1. From the funds of the budget of the province's self-government finances:

1) the tasks of occupational medicine services referred to in art. 6 para. 1 point 2 (a) d and e and points 3 and 4, as well as in art. 20a point 1 (b);

2) the tasks of occupational medical services performed in accordance with art. 6 para. 3, subject to Article 21a;

3) (lost power);

4) the activity of the voivodship of the occupational medicine centre covering the implementation of the tasks referred to in art. 17 points 1 to 8, 11 and 12;

5) preventive activity resulting from the programmes of prevention and control of specific diseases and health promotion programs set up by the Voivodeship's self-government;

6) periodic medical examinations carried out in accordance with art mode. 229 § 5 of the Labour Code, where the entity which employed the employee has been liquidated, excluding the tests performed in art mode. 7a of the Act of 19 June 1997. prohibiting the use of articles containing asbestos (Dz. U. of 2004 No 3, pos. 20, z późn. zm.).

2. From the part of the budget of the State of which the Minister responsible for health is available, may be financed in full or in part of the programmes of prevention of the health risks referred to in Article 3. 20a point 3.

3. Prophytonic health care exercised in relation to persons providing a job at the time of serving a custodial sentence in detention facilities, being in the custody of investigators or performing work as part of the penalty of restriction of liberty, if the obligation to cover prevention shall not lie with the employer, shall be financed from the budget of the State, of the part of which the Minister of Justice is at its disposal.

Article 21a. [ Evaluation of the assessment of learning opportunities] The number of years of professional training and the full range of professional courses of professional courses shall be borne by the costs of the evaluation of the evaluation of the health and safety concerns of the place of health and of the risks involved in the training course. studies.

Article 22. [ Employers] Employers:

1) bear the costs of the preliminary, periodic and control examinations and preventive health care necessary for the working conditions, on the principles laid down in the Code of Work and the provisions issued on its basis;

2) finance the health benefits of their choice in the field of health care, belonging to the tasks of the occupational health services referred to in Article 4 (2). 6 para. 1.

Article 22a. (repealed).

Article 23. [ Financing from own resources] From their own resources, they finance preventive health care provided by the occupational health care service:

1) persons engaged in an economic activity on their own account and persons cooperating with them;

(2) individual farmers and household members and members of the agricultural production cooperatives, with the exception of the case-law concerning agricultural occupational diseases, the financing of which is subject to the rules laid down in the insurance rules. social farmers;

3. there were employees and persons who did a job on a different basis than the employment relationship, or persons who remained in a business relationship, unless otherwise indicated in separate provisions.

Article 24. [ Application of the provisions of the Act on health care facilities] To the business units of occupational health care services [ 4] , to the extent to be unregulated in the Act, the provisions shall apply Health Care Facilities [ 5] .

Article 25. (bypassed).

Article 26. (bypassed).

Article 27. [ Polskie Koleje Państwowe Spółka Akcyjna] 1. Minister of National Defence, minister responsible for internal affairs, Minister of Justice and "Polskie Koleje Państwowe Spółka Akcyjna" shall create and maintain in units of subordinate departments performing tasks appropriate to the tasks of the service occupational medicine.

2. The ministers referred to in paragraph. 1, and in relation to the units created and maintained by "Polskie Koleje Państwowe Spółka Akcyjna"-the minister competent for transport, in agreement with the minister competent for health, everyone in the scope of his action, will determine, on the way regulations:

1) a detailed way, the mode of creation and organisation of services performing tasks appropriate to the tasks of the occupational medicine service,

2) the professional qualifications of the staff performing these tasks,

3. the detailed manner and mode of control of those services

-taking into account the tasks of the occupational medicine service.

Article 28. [ Provisions on medical case-law] The Act does not violate the provisions on medical law, and in particular the provisions on the case law on incapacity for work, the condition for entitlement to social security benefits and social security of farmers, and the case law, referred to in the provisions on employment and professional rehabilitation of persons with disabilities.

Article 29. [ Repealed provisions] The Law of 15 December 1951 shall be repealed. on the integration of the work organisation organisation into the State Administration of Health Service (Dz. U. No 67, pos. 466).

Article 30. [ Entry into force] The Act shall enter into force on 1 January 1998.

[ 1] Research and development units have become research institutes, according to art. 49 of the Act of 30 April 2010. -Regulations implementing the law reforming the system of science (Dz. U. Nr 96, pos. 620, z Late. zm.), which entered into force on 1 October 2010.

[ 2] It has lost power on the basis of art. 99 of the Act of 1 July 2011. about the self-government of nurses and midwives (Dz. U. No. 174, pos. 1038), which entered into force on 1 January 2012.

[ 3] It has lost power on the basis of art. 122 of the Act of 2 December 2009. o medicare chambers (Dz. U. No 219, pos. 1708), which entered into force on 1 January 2010.

[ 4] Currently: the company of the medicinal product, on the basis of art. 218 (1) 2 of the Act of 15 April 2011. about the activity of the medicinal product (Dz. U. of 2013 r. items 217, z Late. zm.), which entered into force on 1 July 2011.

[ 5] It has lost power on the basis of art. 220 point 1 of the Law on 15 April 2011. about the activity of the medicinal product (Dz. U. of 2013 r. items 217, z Late. zm.), which entered into force on 1 July 2011.