When a pre-employment medical examination is mandatory
Article I.4-25 of the Code on Well-being at Work requires a prior health assessment for anyone hired for a safety function, a function requiring increased vigilance or an activity with a defined risk. Book X of the code adds night workers and shift workers, young people who are not yet 18 at the start, and domestic servants and household staff. The occupational physician decides on fitness before the employee starts in that function.
Exceptions
For an employee without such a function, activity or status, the code imposes no pre-employment examination. The occupational physician may exempt a candidate from examinations they recently underwent (Article I.4-28).
What is the risk?
A breach of the Well-being at Work Act and its implementing decrees, such as the code, is a level 3 offence under Article 127 of the Social Criminal Code: an administrative fine of € 1,000 to € 10,000. If it causes harm to health or an accident at work, the penalty is heavier.
What to do
Use the risk analysis to determine which functions fall under health surveillance, keep those lists up to date and request the assessment from your external service before the employee starts in such a function.
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .