Workers may be obliged to undergo medical check-ups in the workplace, although there are exceptions and nuances.
Companies periodically schedule, through the mutual entities with which they are associated or through contracted outside prevention services, the usual medical examinations of their workers, as part of a generally accepted policy of risk prevention and health protection. In this sense, the Worker’s Statute establishes
that, in the work relationship, workers have the right to physical integrity and to an
adequate policy and effective protection in terms of safety and hygiene.
If you have employees and have wondered whether the workers in your company
are obliged to undergo statutory medical examinations, the general answer to this question is yes. Workers may be obliged to undergo medical check ups in the workplace, although there are exceptions and nuances.
In the labor context, medical examinations play a fundamental role in the
preservation of worker’s health and safety. To clarify the responsibilities and rights of both employers and employees in this area, this circular seeks to provide detailed guidance on the mandatory nature of occupational medical examinations, based on current legislation and best practices in the field of occupational risk prevention.
Right to health and safety at work
The Worker’s Statute and Law 31/1995 on Occupational Risk Prevention establish that workers have the right to physical integrity and to an adequate health and safety
policy. Article 22 of said law specifies that the employer must guarantee the periodic
monitoring of the state of health of the workers, always subject to their consent, except in certain specific cases which will be detailed below.
When is a medical examination mandatory?
1. Evaluation of working conditions: It is mandatory when it is required to evaluate the effects of working conditions on the health of workers. This is applicable in work environments with high risks, such as exposure to toxic substances or high noise levels.
2. Verification of the worker’s state of health: When the worker’s physical or psychological condition may represent a risk to himself, to other workers, or to third parties, it is essential to perform medical examinations.
3. Specific legal provisions: Some sectors specifically regulated by law require mandatory medical examinations, such as those involving work with ionizing radiation or hazardous substances.
4. Conditions stipulated by agreement: Depending on the applicable collective bargaining agreement, there may be stipulations requiring regular medical examinations in certain types of jobs or industries.
Attention. Although the law defends the voluntary nature (as established in the Law on Occupational Risk Prevention, it requires the prior consent of the worker) to carry out the medical examination by virtue of the right to privacy (Article 18.1 of the Spanish Constitution), in certain situations there is an obligation to do so.
Voluntariness and exceptions
Although the examination is generally voluntary, the exceptions mentioned above
oblige the worker to undergo medical evaluations for the common good and safety in the work environment. It is essential that as an employer you correctly document the offer of these examinations and, in case of refusal by the worker, ensure that you obtain a signed document attesting to such waiver.
Frequency and execution
Examinations should be scheduled periodically, ideally annually, although the law does not specify a mandatory frequency. It is crucial that they are performed by qualified medical personnel and in ways that minimize discomfort for the employee, always respecting his or her privacy and dignity.
When should medical examinations be performed?
Medical check-ups in the company can be carried out at the following times:
- At the beginning of the employment relationship: when the worker starts work or when he/she is assigned new tasks that entail health risks. It may even be contemplated that this examination be carried out beforehand. In
some companies the medical examination is part of the selection process. It should be borne in mind that candidates are not yet employees of the
company and may refuse to undergo such an examination. Moreover, in some cases, discrimination may occur in the selection process if we base our selection of a worker on this examination -for example, rejecting a woman for an administrative position because she is pregnant-. - When a job is resumed: after a long-term sick leave for health reasons, the
employer may require the employee to undergo a medical examination to find out whether the illness could recur for work-related reasons. - Periodically: this type of examination is usually set according to special rules, considering specific workplace risks. For example, those workers who are
exposed to loud noises must undergo a medical examination every 3 to 5 years, according to article 11 of Royal Decree 286/2006, of March 10, on the protection of the health and safety of workers against risks related to
exposure to noise.
Data protection and confidentiality
Confidentiality of health data is paramount. Only medical personnel and health authorities have access to detailed information on the worker’s state of health.
Employers will only receive information about the worker’s ability to perform his or her duties or needs for adaptation in the workplace.
As an employer, it is your responsibility not only to comply with the obligation to provide medical examinations, but also to act in accordance with regulations that
protect the rights of your employees. Being well informed and following legal and ethical guidelines will help you create a safe and healthy work environment.
For further information, please consult with Labor consulting
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