In this article, we will answer some common occupational health-related questions that arise regularly in French companies.
“Is the visite d’information et de prevention mandatory for all French employees?”
A newly-recruited employee must receive an information and prevention visit (VIP) carried out by the company’s occupational health physician. Broadly, the visit aims to determine the employee’s overall state of health, and inform them of any risks related to the job.
A VIP should be arranged within three months of the employee starting work (in some higher-risk environments, it must be carried out before they start). However, if the employee has already undergone a VIP in the five years prior to recruitment, they are exempt from another if the following conditions are met:
- The employee has been recruited to an identical job with the same exposure risks,
- the company’s occupational health physician holds the employee’s most recent follow-up certificate (attestation de suivi) or fitness notice, and
- no notice of unfitness, nor any measures to alter the job or working hours, have been issued within the past five years.
Note that no exemption is possible for the Suivi Individuel Renforcé,or enhanced individual monitoring of the health status of employees exposed to high-risk positions.
“How is an employee’s unfitness for work established in France?”
Unfitness for work must be established by the company’s occupational health physician, rather than the employee’s own GP. The physician will follow these steps:
- Examine the employee and request any additional tests as needed,
- carry out a health-related study of the employee’s job,
- carry out a study of working conditions in the company, and
- discuss their observations and proposals for a potential change of job with the employer.
In cases where the occupational health physician has declared an employee unfit to return to their job, the employer must try to offer them another suitable role. If redeployment is not possible, dismissal may follow.
“Is it possible to appeal against the conclusions made by the occupational health physician?”
If a French employer or employee disagrees with the occupational health physician’s conclusions, they may refer the matter to the Conseil de prud’hommes, or Labour Court, within 15 days of the original notification.
As part of the proceedings, the court may consult the médecin-inspecteur du travail, a public health doctor who conducts workplace inspections, contributes to health-related labour laws, and provides advice on occupational health and safety.
“Do French employers face penalties for failing to meet occupational health requirements?”
French employers are legally obliged to organise certain occupational health visits for their employees. In turn, employees must attend the appointments made for them. If these obligations are not met, penalties may follow.
For example, an employer may be fined €1,500 if they do not organise a compulsory employee medical examination, even if they simply forgot. Additionally, the employee can claim damages for failure to comply with the regulations, and may even hold the employer liable if they later suffer from an illness that could have been discovered during their occupational health visit.
More seriously, the employer is liable to four months’ imprisonment and a fine of €3,750 in the event of a repeat offence within three years.
An employee who fails to attend a planned medical visit may simply be reminded of their obligation in the first instance. However, repeated failures to attend can have serious consequences, ultimately forming grounds for dismissal.
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