Skip to content

Lack of Expertise Promotes Discussion Advocacy

In the societal law spectrum, attorney Francis Kessler dissects the shortcomings of the partnership between employers and occupational health providers in attempts to accommodate employees with health-related disabilities within their workplace.

Lack of Expertise Promotes Discussion Advocacy

When it comes to work, there's a legal requirement for regular health check-ups: These include hiring visits, mid-career checks, and those aimed at workers who've been off due to illness or accident for more than a month, or for specific job roles. In need of help at work? You can reach out to an occupational physician. Their job is to ensure the health of employees doesn't degrade because of their employment.

The occupational doc is tied to the employer through a contract or an inter-enterprise prevention and health at work service that the employer's hooked into. They can't call a halt to the work. That power lies with the treating physician, a hospital, or the medical advisor of the primary health insurance fund.

However, they can point out if the employee's health status (mental or physical) no longer matches the job role. The term for this situation is "work incapacity", a labor law term that doesn't necessarily equate to sickness or disability. It doesn't cover temporary or permanent work incapacity due to professional accident or sickness, or handicap, which falls under separate rules.

Who's the Boss of This Doc?

Occupational physicians typically work under a permanent employment agreement, known as a CDI. In inter-enterprise services, they may be employed by a shared service provider offering health and prevention services to multiple companies.

What Can the Occupational Doc Do About Work Incapacity?

When dealing with work incapacity, the occupational physician can:

  • Health Check: Assess the employee's health status to see if they're up for the job tasks.
  • Advice Time: Offer suggestions for temporary or permanent job adjustments to ensure they're fit and safe.
  • Employer Collaboration: Work with the employer to implement necessary changes, such as temporary reassignment or workstation modifications.
  • Back to Work: Assist in creating return-to-work plans when employees get back from sick leave, making their transition smooth.

In short, the occupational physician in France is key to maintaining the health and well-being of employees. Their role transcends medical assessments, reaching preventive measures, and working along with employers.

  1. In France, occupational physicians are mandated to conduct regular health check-ups for employees, including those during hiring visits, mid-career checks, and for employees who've been off due to illness or accident for more than a month, or for specific job roles.
  2. These medical professionals are bound by a contract or an inter-enterprise prevention and health at work service, ensuring the compatibility of an employee's health status with their job role.
  3. If it is determined that an employee's health status is incompatible with their job role, this situation is referred to as "work incapacity," a term that doesn't equate to sickness or disability in labor law.
  4. In such cases, the occupational physician can perform a health check, offer suggestions for temporary or permanent job adjustments, work with the employer to implement necessary changes, and assist in creating return-to-work plans when employees get back from sick leave.
  5. These preventive measures and collaborative efforts of occupational physicians play a crucial role in maintaining workplace-wellness, health-and-wellness, and mental-health in the workplace.
In a legal analysis, Francis Kessler criticizes the concept of codetermination, a principle that mandates collaboration between employers and occupational health services to accommodate employees with health-related disabilities within a company, pinpointing its alleged limitations in labor law.
Examination of Employment Law Joint Venture Challenges: Skilled attorney Francis Kessler deliberates on the shortcomings of joining forces between employers and occupational medicine for integrating workers with health-related 'impairments' into the workplace, as stipulated in labor law.
Discussion in Social Law Column: Lawyer Francis Kessler critiques the joint endeavor between employers and occupational medicine to accommodate a disabled employee, highlighting underlying issues.

Read also:

    Latest