Book VI: Prevention institutions and organisations

The occupational physician may propose, in writing and after discussion with the employee and the employer, individual measures for the adaptation or transformation of the workstation or measures for the organisation of working hours justified by considerations relating in particular to the age or the physical and mental state of health of the employee.

After carrying out or having a member of the multi-disciplinary team carry out a study of the workstation, and after discussing the matter with the employee and the employer, the occupational physician will declare the employee unfit for his or her workstation if he or she finds that it is not possible to adapt or change the workstation and that the employee’s state of health justifies a change of workstation….

For the application of articles L. 4624-3 and L. 4624-4, the occupational health physician receives the employee, in order to discuss the opinion and the indications or proposals that he may address to the employer. The occupational physician may propose to the employer the support of the multidisciplinary team or that of an organisation competent in the field of job retention in order to implement his opinion and his indications…

The employer is obliged to take into consideration the opinion and indications or proposals issued by the occupational physician in application of articles L. 4624-2 to L. 4624-4. In the event of refusal, the employer shall inform the worker and the occupational physician in writing of the reasons why it is not being followed up.

I.-The employee or the employer may bring before the industrial tribunal, under the accelerated procedure, a dispute on the merits relating to the opinions, proposals, written conclusions or indications issued by the occupational physician based on medical elements in application of articles L. 4624-2, L. 4624-3 and L. 4624-4. The occupational physician, informed of the challenge by the employer, is not a party to the dispute. II – The industrial…

An occupational health medical file, compiled by the occupational physician or, where applicable, one of the health professionals mentioned in the first paragraph of I of article L. 4624-1, records, in compliance with medical confidentiality, information relating to the worker’s state of health, the exposures to which he/she has been subjected as well as the occupational physician’s opinions and proposals, in particular those formulated in application of articles L. 4624-3…

The employee may object to the occupational physician responsible for monitoring his state of health having access to his shared medical file referred to inarticle L. 1111-14 of the Public Health Code. This refusal does not constitute a fault and may not be used as a basis for the notice of unfitness referred to in article L. 4624-4 of this code. The employer is not informed of this refusal.

I.-When the occupational physician ascertains the presence of a risk to the health of workers, he/she shall propose, in a reasoned and detailed written document, measures aimed at protecting it. The employer shall take these proposals into consideration and, in the event of refusal, shall state in writing the reasons for not following them up. II -When an employer refers a matter to the occupational physician which falls within the…

Decrees in the Conseil d’Etat shall specify the procedures for action by the staff working in the occupational health and prevention services and the conditions for application of this chapter, in particular the procedures for the individual monitoring provided for in Article L. 4624-1, the procedures for identifying the workers referred to in Article L. 4624-2 and the procedures for the enhanced individual monitoring from which they benefit.