Employment law
Occupational health doctor
The occupational health doctor sees employees for pre-employment and periodic medical examinations. Occupational health doctors carry out their work in centres set up by the INPS: the Inter-Company Medical Centre (CMIE). All employers are required to register with their local CMIE.
Examining the employee on recruitment
No staff member may be recruited without first undergoing a medical examination by the occupational health doctor. The purpose of this examination is to determine whether the applicant is suffering from any condition that could pose a risk to their colleagues (such as tuberculosis) and to verify and confirm that there are no medical reasons preventing them from carrying out their duties. This examination must take place before the end of the probationary period.
Carrying out annual medical examinations
Periodically, depending on the sector of activity (annually, every six months or every three months, as appropriate), the occupational health doctor reviews the employee’s condition to ensure they remain fit for work. Certain hazardous roles require special monitoring with more frequent and comprehensive examinations.
You have been the victim of an accident at work or an occupational illness. After several months of absence, treatment and monitoring by the occupational health doctor, you have recovered, and the doctor issues a certificate of fitness or unfitness for work.
In all cases, the employer must take the occupational health doctor’s opinion into account, otherwise they may be held liable should any problems arise for the employee.
What should be done if an employee wishes to have their medical examination carried out by their general practitioner?
The company must refuse for two reasons: medical examinations of employees may only be carried out by a doctor holding a qualification in occupational medicine, practising within an approved service; and social security contributions (the employer’s share) are used in part to cover the medical care provided to employees by the CMIE.
Terminology
Pre-employment medical record: the occupational health doctor draws up a medical record in the employee’s name upon their recruitment. This record, which details the various examinations carried out and the employee’s state of health or fitness for work, will be attached to their employment contract.
Doctor, labour inspector: their role is to rule on whether a decision of unfitness for work issued by an occupational health doctor is contested by the employee or the employer