The major changes of Law 1.451 of July 4, 2017
Law 1.451 of July 4, 2017, which comes into force on July 14, 2018, renews the objectives of occupational health by making the individual monitoring of employees more effective. Thus, monitoring adapts to the situation of each employee, while remaining compulsory for all, but giving priority to those who are exposed to particular risks. In addition, the occupational physician, assisted by the multidisciplinary team (prevention engineer, occupational health assistant, ergonomist), increases his visits to companies, in order to develop preventive actions directly in the field.
The big changes: 6 things to remember
The occupational physician remains at the center of the system with a reinforced role
- It adapts the individual monitoring of the state of health to the needs of employees and according to occupational risks
- He leads the multidisciplinary team for better prevention at the heart of the company
When hiring, the medical examination is no longer systematic
- The pre-employment medical examination with aptitude is reserved for employees employed in a position at risk.
- For the others, an Occupational Health Questionnaire taking into account the risks at work and the health of the employee will allow the issue of the work permit, while waiting to schedule a first visit within 3 years at most.
The issuance of the work permit upon hiring is conditional
- Or by issuing the aptitude for risky positions
- Or by returning the Occupational Health Questionnaire to the occupational physician.
Each employee will be monitored by a healthcare professional at intervals adapted to their situation
- The frequency of visits will be 2 or 3 years depending on the risks. The doctor may decide on a more frequent examination.
A new suitability challenge procedure by the employer
- Both the employer and the employee may also challenge the occupational physician's opinion of aptitude to the medical committee provided for this purpose.
The employer establishes an inventory of risky positions in his company
He communicates it to the occupational physician and updates it at most every 3 years.