Medical Examination in Temporary Work: Conditions, Procedures, and Specifics for Temporary Workers
02 December 2024 · 3 min reading time
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See job offersThe medical examination for temporary workers (intérim) is an essential step in ensuring workplace health and safety for the temporary employee in their professional environment. Just like all employees, temporary workers are subject to specific medical monitoring to assess their fitness for the job they hold, especially in the case of high-risk assignments. But what does this medical examination involve? What are the obligations of the temporary employment agency and the user company? In this article, discover the procedures, the different types of examinations, and their validity according to temporary assignments.
What is the medical examination for temporary workers?
The medical examination for temporary workers aims to assess the fitness of temporary employees for the positions to which they are assigned. Occupational health in temporary employment requires an Information and Prevention Visit (Visite d'Information et de Prévention - VIP) within three months of the start of the assignment, except for certain high-risk positions that require a prior check-up. The VIP is crucial for establishing the medical file, verifying the worker's fitness, and providing prevention and health advice adapted to the temporary employee's work.
Why is the medical examination mandatory for temporary workers?
The medical examination is mandatory to ensure that the job held will not have a negative impact on the temporary employee's health and to prevent risks. In collaboration with the occupational health physician, the user company and the temporary employment agency verify the temporary worker's fitness, especially for positions exposed to risks (handling, chemical products). This process also protects the company from potential accidents, ensuring that the employee is well-informed of safety instructions.
Timeline for medical examinations in temporary employment
The timeline for the medical examination in temporary employment varies depending on the type of position and the associated risks. For the Information and Prevention Visit (VIP), the Labor Code requires it to be carried out within the first three months of starting the job. However, for assignments involving specific risks (exposure to hazardous substances or night work), the examination must be carried out before the start of the assignment to ensure safety.
Enhanced Individual Monitoring (Suivi Individuel Renforcé - SIR) is required before assignment for high-risk positions, with a validity of two years if the worker continues to have similar assignments.
What happens in case of unfitness during the medical examination for temporary workers?
If the occupational health physician declares the temporary worker unfit for a position, it means that the position presents a risk to their health or that they cannot work there safely. In this case, the temporary employment agency and the user company must explore several options to ensure the employee's safety while respecting the legal framework:
- Seek an accommodation solution: The physician may recommend an adjustment of the workstation or work schedule to allow the temporary worker to perform their duties safely. For example, additional protective equipment may be suggested, or a change of task may be considered.
- Offer another position: If accommodation is not possible, the temporary employment agency must look for another assignment compatible with the temporary worker's fitness, taking into account their qualifications and the health constraints defined by the physician.
- Right of appeal: The temporary worker and the employer have the possibility to contest the opinion of unfitness by referring the matter to the Industrial Tribunal (Conseil des prud'hommes) within 15 days of the decision. The Tribunal will analyze the medical report to validate or invalidate the unfitness.
Unfitness is thus a regulated process that aims to protect the health of temporary workers while seeking solutions to allow them to continue working in adapted conditions.
How long is the medical examination for temporary workers valid?
The validity period of the medical examination for temporary workers depends on the type of examination and the risk associated with the position. Generally, the Information and Prevention Visit (VIP) is valid for two years, provided that the temporary worker continues to perform assignments with a similar level of risk. If the temporary worker changes position or type of assignment with different risks, a new examination may be required before starting the job.
For high-risk assignments requiring Enhanced Individual Monitoring (SIR), the validity period is also two years. However, for particularly exposed positions, such as those involving hazardous products or work at height, it is recommended to regularly check the employee's fitness.
Specifics of the medical examination based on temporary assignments
Temporary assignments may have specific characteristics that influence the type and frequency of necessary medical examinations. Depending on the risk and the nature of the assignment, certain medical monitoring requirements may apply:
- High-risk assignments: Positions exposing workers to hazardous substances (asbestos, chemicals, ionizing radiation) or requiring specific qualifications (driving machinery, electrical work) require Enhanced Individual Monitoring (SIR). This examination must be carried out before starting the job and validated every two years to ensure that the temporary worker is fit to work in these specific conditions.
- Night work and shift work: For assignments involving night work schedules, a medical examination must be carried out before the assignment to assess the impact of these schedules on the worker's health. The examination verifies the temporary worker's ability to adapt to different work rhythms.
- Repeated or extended assignments: When a temporary worker performs several successive assignments in similar positions, a new examination is not always required if the previous one is still valid. However, in the event of a significant change in working conditions, a new medical assessment may be necessary.
These specifics aim to adapt medical monitoring to the needs of each assignment, ensuring the safety and health of the temporary worker in all work contexts.
Who has to pay for the medical examination for temporary workers?
The costs of the medical examination for temporary workers are covered by the temporary employment agency. Indeed, it is the agency's responsibility to ensure that the temporary worker undergoes the mandatory examinations, whether it is the Information and Prevention Visit (VIP) or the Enhanced Individual Monitoring (SIR) for high-risk positions. This coverage includes not only the costs of the examination itself but also transportation costs if the temporary worker has to travel to a health center far from their place of work or residence.
In the event of requests for additional examinations required by the occupational health physician, these additional costs are also covered by the agency, thus ensuring that the temporary worker bears no cost for their medical monitoring.
Can I request a medical examination as a temporary worker?
Yes, every temporary worker has the right to request a medical examination from the occupational health physician outside of the mandatory visits, if they believe that their health condition or working conditions justify it.
This request can be made directly by the temporary worker in the event of a health problem or a need for advice on workstation adaptations. Similarly, if symptoms or difficulties arise during an assignment, the temporary worker can consult to check their fitness and receive recommendations.
Employers or temporary employment agencies can also request an examination if doubts arise regarding the temporary worker's fitness to hold a position, particularly for high-risk assignments.
The examination is then organized and paid for by the temporary employment agency.
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