French Labour Code
In forceI.- As part of the monitoring of the state of health of workers provided for in article L. 4622-2, all workers benefit from individual monitoring of their state of health by the occupational physician, the corresponding medical practitioner and, under the authority of the occupational physician, by the assistant physician mentioned in article L. 4623-1, the occupational medicine intern and the nurse.
This monitoring includes an information and prevention visit carried out after recruitment by one of the health professionals mentioned in the first paragraph of this article. A certificate will be issued for this visit. A Conseil d'Etat decree sets the time limit for this visit. The model certificate shall be defined by decree.
The health professional who carries out the information and prevention visit may immediately refer the worker to the occupational physician, in compliance with the protocol drawn up by the latter.
The methods and frequency of this monitoring take into account the working conditions, state of health and age of the worker, as well as the occupational risks to which he or she is exposed.
Any worker who declares, during the information and prevention visit, to be considered a disabled worker within the meaning of article L. 5213-1 of this code and to be recognised by the commission for the rights and autonomy of disabled people mentioned in article L. 146-9 of the Social Action and Family Code, as well as any employee who declares that he/she is the holder of a disability pension awarded under the general social security scheme or any other compulsory social protection scheme, shall be referred without delay to the occupational physician and shall benefit from appropriate individual monitoring of his/her state of health.
Any employee who anticipates a risk of unfitness for work may request a medical examination with the aim of initiating a process to maintain employment.
All night workers benefit from regular individual monitoring of their state of health. The frequency of this monitoring is set by the occupational physician according to the particularities of the position occupied and the characteristics of the worker, in accordance with the procedures determined by decree in the Conseil d'Etat.
II - The health professionals mentioned in the first paragraph of I may use remote medical or care practices using information and communication technologies for the individual monitoring of workers, taking into account their state of physical and mental health. The worker's consent is obtained beforehand. The implementation of these practices guarantees respect for the confidentiality of exchanges between the health professional and the worker. The prevention and occupational health services and the health professionals mentioned in the same first paragraph, who use information and communication technologies for the individual monitoring of workers, ensure that the use of these technologies complies with the interoperability and security reference systems mentioned in Article L. 1470-5 of the Public Health Code, where applicable adapted to the specific nature of the activity of the prevention and occupational health services.
If he considers that the worker's state of health or the occupational risks to which he is exposed justify it, the health professional using information and communication technologies for the individual monitoring of the worker may suggest to the latter that his general practitioner or a health professional chosen by the worker take part in the remote consultation or interview. If the worker consents, the doctor treating the worker or the health professional chosen by the worker may take part, remotely or at the worker's premises, in the consultation or interview.
The procedures for applying this II shall be determined by decree in the Conseil d'Etat.
