The decree published on March 16, 2022 specifies the changes in the management of the occupational health at work for your employees. In order to improve the medical follow-up of employees by occupational medicine, additional appointments, either mandatory or optional, can be organized.
The new occupational health measures aim to ensure regular communication between the actors concerned. They recommend the implementation of measures to prevent occupational professional exclusion.
Liaison meeting (Labour Code art. L. 226-1 and D. 1226-8-1)
An employee on maternity leave or after an absence from work justifies by an incapacity resulting from illness or accident for more than 30 days, whether consecutive or not, can benefit from a liaison meeting. This meeting is organized at the initiative of the employee or the employer. In all cases the agreement of the employee is necessary.
This meeting must be organized together with the SPST (Occupational Health Prevention Service), within 15 days following the employee’s agreement or request.
During this liaison meeting, the employer will inform the employee on the actions put into place in order to prevent professional exclusion, the option of a pre-recovery visit and of the possibilities of adapting the workstation and/or working hours.
The pre-recovery medical visit (Labour Code art. L. 4624-2 -4 and R. 4624-29)
The pre-recovery medical examination, although optional, is strongly recommended if the employee has been off work for more than 30 days. It allows to anticipate and facilitate the employee’s return to work.
As this visit takes place while the employee is still on sick leave or maternity leave, his/her state of health must allow him/her to attend this appointment.
Recovery visit (Labour Code art. L. 4624-2-3 and R.4624-31)
The recovery medical examination remains compulsory. It is initiated by the employer and must be scheduled as soon as the employee resumes work and at the latest within 8 days of the employee’s return to work.
This medical visit follows an absence for work-related illness or accident of at least 30 days. For an absence for non-occupational illness or accident, it is now extended to sixty days.
Employees returning from maternity leave are also required to undergo a medical examination within 8 days of their return to work.
Mid-career medical visits, compulsory between ages 43 and 45 (Labour Code art. L. 4624-2-2)
In the absence of a branch agreement, a mid-career medical examination must be scheduled between the ages of 43 and 45. The medical examination can be organized at the initiative of the employee, the employer or the SPST (Occupational Health Prevention Service).
The age at which this mid-career medical examination must take place can also be established by a branch agreement.
The mid-career medical check-up can be organized at the same time as another medical check-up providing it is scheduled within the 2 years preceding the age set by the branch agreement .
In addition, the Ministry of Labor specifies in the decree of 2022 that a certificate of visit must be issued by the occupational doctor at the end of this medical visit.
Furthermore, after this medical visit, the occupational physician may recommend adjustments to the employee’s workstations or working hours.
Due to regular changes in terms of occupational health, the medical follow-up of employees can be complex and time-consuming for the compagny. Omag Consulting offers you a complete outsourcing service from the registration of your employees with an occupational health center, the organization and the follow-up of appointments to the payment of the medical centers’ invoices.
Source : https://travail-emploi.gouv.fr/sante-au-travail/questions-reponses-sur-les-mesures-relatives-a-la-prevention-de-la-desinsertion/