An extended collective branch agreement may provide for derogations from the rules relating to the organisation and choice of the occupational health and prevention service and to the procedures for monitoring the state of health of workers, provided that these derogations do not have the effect of modifying the frequency of medical examinations defined by this code.
These derogations concern the following categories of workers:
1° Intermittent performing artists and technicians ;
2° Models ;
3° Employees of private employers and childcare assistants;
4° Travellers, sales representatives and salesmen.
The collective branch agreement extended after consultation with the Conseil national de l’ordre des médecins may provide for the medical monitoring of employees of private individual employers, maternal assistants employed by one or more private individuals and models to be carried out by doctors not specialised in occupational medicine who sign a protocol with an inter-company occupational health and prevention service. These protocols provide guarantees in terms of the training of non-specialist doctors, the terms and conditions of their practice within the occupational health and prevention service and the incompatibility between the role of care doctor for the worker or the employer and the medical monitoring of the worker provided for by the protocol. These provisions do not prevent the application of article L. 1133-3.
In the event of difficulty or disagreement with the opinions issued by the doctors mentioned in the seventh paragraph of this article, the employer or the worker may request a medical examination from an occupational physician belonging to the inter-company occupational health and prevention service that has signed the protocol.