The employing unit shall not dissolve or terminate the labor contract with the employee who has not undergone the occupational health examination when leaving the post. Workers who voluntarily give up the occupational health examination or reexamination and have a written statement can be regarded as giving up this right. However, the employer's occupational health supervision responsibility cannot be exempted.
Matters needing attention in occupational health examination
The employing unit shall compile a list of workers, including name, sex, age, name of occupational hazard factors (including the qualification range of the selected inspection institution), physical examination category (before taking up the post, during the post, when leaving the post, in case of emergency), etc.
Occupational health examination has strong particularity, and different occupational hazards have different damage to health, each with its own characteristics. If the employer fails to check the necessary items when organizing the inspection of workers, the real purpose of the inspection will not be achieved.
The inspection results have legal effect, and the employer shall truthfully inform the workers of the results and conclusions of the physical examination, attach great importance to the occupational contraindications and suspected occupational diseases in the inspection conclusions, and deal with them according to the requirements in the inspection report.