There is still much confusion and mismanagement on the visits required by the worker. Article. 41, paragraph 2, letter c) provides that health surveillance includes the medical examination the worker's request, if it is deemed by the competent doctor or occupational hazards related to his health, likely to decline because of work carried out in order to make their judgments to fit the specific task.
Some have understood that the visit request is made only by the employee is already subject to health surveillance. Eg. a seller that uses the company car and does not use the computer for longer than the 20 hour week and therefore is not and can not be subjected to health surveillance by the competent physician may request a doctor's fitness for the responsible ?
Can!
In fact, the article of the law uses the conjunction "or" not "and" This means that it is expected that the two options co-exist but are not mentioned as an alternative. That is, the worker may make the request for examination or if related to an occupational risk (and therefore already subject to health surveillance) and when he deems that the work could contraindicate or aggravate his pre-existing medical conditions (although is not subject to health surveillance).
How the employee may forward the request to visit? The law does not provide, therefore, in all ways: oral, written, presenting a certificate to the competent doctor but maybe not.
The correct procedure would be that the employee informs the employer, preferably in writing, the need to consult a qualified doctor who will evaluate the appropriateness of the request with the conditions laid down by law: that is related to occupational risk, or that the workers have conditions which may contraindicate certain work tasks.
The competent doctor can refuse to visit on request? Yes, if there are no estimates that the two conditions. But it must meet, otherwise how do you evaluate?
E 'correct procedure is to deliver to the employer medical certificates attesting to disease? Absolutely NO. Documentation health is protected by art. 622 of the Penal Code (confidentiality), without forgetting that it is sensitive data provided by the Privacy Code (Legislative Decree 196/03).
How long the physician in charge must make the visit? It is not specified in the standard. In the minimum time possible in order to organize.
Meanwhile, the worker must be suspended from the job? Of course not. The employer does not know the health reasons that prompted the worker to request the visit of fitness.
The correct procedure is then:
1) the worker shall submit a request to the employer (preferably in writing) to visit with the physician in charge, without specifying any reason;
2) The competent physician meets the employee and assess the adequacy of the visit;
if there are also one of the two conditions mentioned in Article 41, he will prepare the medical record and risk and issue the assessment of suitability otherwise it can decide not to proceed.
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