Is a seasonal worker followed by occupational medicine?

Verified 09 May 2023 - Legal and Administrative Information Directorate (Prime Minister)

Postponement of medical examinations during the health emergency

Published on 25 March 2022

The occupational physician may postpone certain medical examinations due to expire on or before 31 July 2022. Postponed visits can be made until July 31, 2023 at the latest.

That's what the law no. 2022-46 of 22 january 2022 and the decree no. 2022-418 of march 24, 2022.

A seasonal employee, like all employees, receives medical supervision. When seasonal workers work in agriculture, they receive special medical care.

Is the medical examination for hiring mandatory for a seasonal employee? Are there any case of exemption ? Can he benefit from all medical examinations like other employees?

We're doing an update on the regulations.

Yes, a seasonal employee is followed by occupational medicine under special conditions. The rules differ depending on whether the seasonal employee is an agricultural employee or not.

General case

A medical examination for hiring is mandatory in certain situations. The rules differ depending on the length of the employee's contract.

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The employee is recruited for less than 45 days of actual work

The employee does not receive a medical examination for employment, but training and prevention measures organized by the occupational health service.

These actions for training and prevention of occupational risks include in particular the theoretical presentation of occupational risks (musculoskeletal disorders, chemical risk, addictions, road risk, etc.) or practical situations for example.

The employee is recruited for more than 45 days of actual work

The rules differ depending on whether the employee is employed in a job with particular risks (asbestos, lead for example) or not.

General case

The employee does not receive a medical examination for employment, but training and prevention measures organized by the occupational health service.

These actions for training and prevention of occupational risks include in particular the theoretical presentation of occupational risks (musculoskeletal disorders, chemical risk, addictions, road risk, etc.) or practical situations for example.

The employee is assigned to a position with particular risks

The employee receives a medical examination for employment.

He may be exempted from this examination if the following 2 conditions are met :

  • Recruitment for a job equivalent to those previously held
  • No medical inadequacies recognized during the last medical examination in the previous 24 months

The employee shall have the following medical examinations:

  • Visits by prerecovery and resumption of work
  • Visits carried out at the request of the employer, the employee or the occupational doctor
  • Additional examinations carried out or prescribed by the occupational doctor (for example, examination for a disease which may result from the occupational activity of the employee)

Agricultural worker

A medical examination for hiring is mandatory in certain situations. The rules differ depending on the length of the employee's contract.

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The employee is recruited for less than 45 days of actual work

The rules differ depending on whether the employee is employed in a job with particular risks (asbestos, lead for example) or not.

General case

The employee does not receive a medical examination for employment, but training and prevention measures organized by the occupational health service.

These actions for training and prevention of occupational risks include in particular the theoretical presentation of occupational risks (musculoskeletal disorders, chemical risk, addictions, road risk, etc.) or practical situations for example.

The employee is assigned to a position with particular risks

The employee receives a medical examination for employment.

The employee is recruited for more than 45 days of actual work

The rules differ depending on whether the employee is employed in a job with particular risks (asbestos, lead for example) or not.

General case

The employee shall be entitled to information and prevention visit (Vip).

The employee is assigned to a position with particular risks

The employee receives a medical examination for employment.

Yes the employee may be exempted from a medical examination for employment.

Exemption cases differ depending on whether the employee has received an information and prevention visit or a enhanced individual monitoring in his previous job.

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The employee received an information and prevention visit

The employee may be exempted from information and prevention visit (Vip) if the following 3 conditions are met :

  • He shall be required to work in the same job with equivalent exposure risks
  • His last follow-up certificate or suitability certificate is in the possession of the healthcare professional
  • During the last five years, no notice of incapacity or individual adjustment, adaptation, alteration of the position or working time has been issued by the occupational doctor

Please note

this period shall be reduced to 3 years if the employee's health, age, working conditions or occupational risks so require.

The employee has benefited from increased individual follow-up

Enhanced individual follow-up includes a medical fitness examination.

The employee may be exempted from this examination if the following 3 conditions are met :

  • He shall be required to work in the same job with equivalent exposure risks
  • His last follow-up certificate or suitability certificate is in the possession of the occupational doctor
  • No notice of incapacity or individual adjustment, adaptation, alteration of the position or working time has been issued by the occupational doctor in the last 2 years

The employee shall have the following medical examinations:

  • Visits by prerecovery and resumption of work
  • Visits carried out at the request of the employer, at the request of the employee or of the occupational doctor
  • Additional examinations carried out or prescribed by the occupational doctor (for example, examination for a disease which may result from the occupational activity of the employee)

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