Employers in France must take measures to secure their employees’ mental and physical Health at work. This is not an obligation of results but means. As part of this obligation, whenever a new employee is hired in France, a medical monitoring exam must be organized by the employer with a certified Occupational Medical Service (OMS) as a legal requirement. The OMSes, which are not-for-profit organizations, are given a ministry accreditation, which can be limited to specific industries or/and to a geographical region (usually the French “department” they are located in).
Employers must subscribe with one (or several) OMS(es) depending on the location of the company’s HQ, on the employees’ place(s) of work (if remote working) and on the company’s activity.
1/ Brief reminder about the OMSes’ duties
- Medical Monitoring
Firstly, OMSes are in charge of the employees’ medical monitoring and ascertaining employees’ health and safety at work. During the medical appointments that are organized throughout the employees’ life cycle, they determine if employees are fit to perform their work duties and make recommendations of adjustment to working conditions if needed. They deliver medical statements for each employee, and employers must keep these statements as proof of the fulfilment of their obligations.
As a reminder, the law of August 2nd, 2021, effective since March 31st, 2022 has amended the rules of medical monitoring and the rules applicable for the mandatory Risk Assessment Document– called “DUERP” (for the DUERP, please refer to our December 2022 newsletter relating to this topic). This document is drafted by the employer and must be provided to the OMS(es) and employees. The DUERP allows the OMS(es) to suggest preventive & informative measures adapted to the companies’ specific needs.
- Company Profile Statement (“Fiche d’entreprise”)
Lastly, as part of their services, they also draft – together with employers, the mandatory document called “Fiche d’entreprise”). It provides general information on the Company, an assessment of the professional risks as well as the employees who are exposed to them. It also makes recommendations to the employer about preventive measures and actions that can be implemented by the Company to reduce the risks exposure of its employees.
2/ Focus on the medical examinations
- Medical appointment for new joiners
All employees must benefit from an Information and Prevention examination organized by the employer with the OMS, within three months from their hiring date to advise them about preventive measures in accordance with their job position.
- Periodical medical appointments
Medical visits must be scheduled by the employer on a periodical basis (the frequency ranges from once every month, to once every 5 years depending on the doctor’s advice, the risks exposure and the personal health of the employee). The periodicity of these appointments is defined by the report of the previous appointment.
- “Return to work” medical appointment
It is a compulsory appointment that must be organized in the 8 days following the return to work after :
– a maternity leave
– a long sick leave (more than 60 days)
– 30 days sick leave for a work accident
– a professional sickness
- “End of exposure” medical appointment
Employees who benefited from a Reinforced monitoring due to their risk exposure (such as electric fields, X-RAYs, chemicals etc.) must attend this medical visit before the end of exposure.
- “Mid-career” medical appointment
This new medical exam (mandatory) is scheduled during the calendar year of the employees’ 45th birthday. The purpose is to ensure the adequacy between the position and the health of employees. It includes information on the means of prevention, as well as on the risks related to the job, considering the working conditions, the age and the health of the employee.
- “Liaison” meeting
This voluntary meeting between the employer and employee might be organized during an employee’s sick leave (more than 30 continuous days). Its aim is to maintain a link with employees during their sick leave to facilitate their return to work or to adapt their workstation if needed.
- “Pre-recovery” medical appointment
This medical appointment might be organized during employees’ sick leave (more than 30days). The employer should inform employees that they can benefit from this measure but cannot request it, only employees can request this medical examination.
- “On demand” medical appointment:
Employees can have a medical appointment at their own request or at their employers’ request. It is important to inform employees that they can benefit from this measure.
Should you have any questions, please do not hesitate to contact us.