Health at work
As of January 1, 2017, the medical monitoring of employees is modified (new provisions from the Labor Act of August 8, 2016 and Decree No. 2016-1908 of December 27, 2016 ).
- Biennial periodical visits are abolished: henceforth the visit must be carried out according to the frequency fixed by the occupational doctor, at least every five years.
Previously, the employee had to undergo a periodic visit every two years.
From now on, once the information and prevention visit has been carried out (within three months of the effective start of the workstation), the periodic monitoring of the employee takes place according to a frequency determined by the occupational physician.
The periodic visit must be carried out at least every five years ( Article R4624-16 of the Labor Code ).
This period takes into account the working conditions, the age and state of health of the employee, as well as the risks to which he is exposed, is fixed by the occupational doctor within the framework of the protocol mentioned in Article L. 4624-1.
- Medical follow-up adapted for some employees
Workers with disabilities, those with a disability pension, and night workers receive appropriate medical care.
For the night worker, this follow-up depends on the particularities of the job and the characteristics of the worker.
The adapted follow-up of these categories of employees is fixed by the occupational doctor as part of a protocol ( Article R4624-17 of the Labor Code ).
The periodicity of this monitoring can not exceed three years .
Thus, the obligatory semiannual periodicity of the periodic inspection of night workers is not maintained. The periodicity of the follow-up is fixed by the occupational doctor according to the particularities of the position occupied and the characteristics of the worker, according to the modalities determined by decree in Council of State, which has not yet been published ( article L4624-1 ).
Temporary employees and employees on fixed-term contracts:
A decree in Council of State provides for adaptations of the rules defined in Articles L. 4624-1 and L. 4624-2 for temporary employees and employees on fixed-term contracts ( Article L4625-1-1 ) who can not , given the brevity of their contracts, benefit from a three-year follow-up for the periodic visit and an information and prevention visit within three months of hiring.
These adaptations guarantee them an individual follow-up of their state of health with a periodicity equivalent to that of the follow-up of the employees in contract of indefinite duration.
This decree has not yet been published.
- Enhanced medical follow-up for employees working in risky positions
These employees are exposed to asbestos, lead, some carcinogens, mutagens or toxic for reproduction, some biological agents, ionizing radiation, hyperbaric risk, the risk of falling from height during operations. erection and dismantling of scaffolding ( article R4624-23 of the Labor Code ).
The purpose of this reinforced monitoring is to ensure that the worker’s state of health is compatible with the position to which he is assigned, in order to prevent any serious risk to his health or safety or to those of his health. colleagues or third parties operating in the immediate work environment ( Article L4624-2 II of the Labor Code ).
The employer may, if it deems it necessary, complete the list after consulting the doctor and the CHSCT or, in the absence of staff representatives ( Article R4624-23 ); the list must be updated every two years.
Reinforced medical monitoring also concerns:
– young trainees assigned to certain hazardous work ( Article R4153-40 );
– holders of driving licenses for certain work equipment (self-propelled mobile working equipment and lifting equipment) ( Article R4323-5 6);
– employees authorized to carry out operations on electrical installations or in their vicinity ( Article R4544-10 ).
The periodicity of this follow-up can not exceed four years, the visit being compulsorily carried out by the occupational doctor. An intermediate visit is carried out by a health professional no later than two years after the occupational physician’s visit ( Article R4624-28 ).
When the worker has benefited from a medical examination of aptitude in the two years preceding his hiring, the organization of a new medical examination of aptitude is not required since all the following conditions are met ( Article R4624-27 ):
1 ° The worker is required to hold an identical job with equivalent exposure risks;
(2) The occupational doctor concerned is in possession of the last notice of aptitude of the worker;
3 ° No measure formulated under Article L. 4624-3 or no notice of unfitness made in application L. 4624-4 has been issued during the last two years.
- A notice of aptitude or of incapacity is issued to the employee and to the employer at the end of each visit ( article R4624-25 ).