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.
A decree determines the rules relating to the organisation, choice and financing of the occupational health and prevention service and the procedures for monitoring the state of health of workers applicable to the following categories of workers: 1° Temporary employees ; 2° Vocational training trainees ; 3° Workers in intermediary associations; 4° Workers who habitually perform their employment contract in an undertaking other than that of their employer; 5° Remote…
A decree by the Conseil d’Etat will adapt the rules defined in articles L. 4624-1 and L. 4624-2 for temporary employees and employees on fixed-term contracts. These adaptations guarantee them individual monitoring of their state of health at a frequency equivalent to that of employees on permanent contracts. This decree by the Conseil d’Etat sets out the procedures for informing the employer about the individual monitoring of his employee’s state…
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…
In return for a contribution, the amount of which is set by extended collective branch agreement, individual employers join an occupational health and prevention service. The joint association mentioned in the second paragraph of article L. 133-7 of the Social Security Code is responsible, in the name and on behalf of individual employers, for organising the implementation of occupational risk prevention and medical surveillance of employees and for designating the…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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