Is a seasonal worker followed by occupational medicine?
Verified 28 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, a seasonal employee shall, like all employees, be entitled to medical surveillance. When the seasonal employee works in agriculture, it has a special medical care. A medical examination for hiring is mandatory in some cases. We are taking stock of the regulations.
General case
A medical examination for hiring is mandatory in certain situations.
The rules differ according to the duration of the employee's employment 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 Prevention and Health Service (OSH).
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 45 days or more 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 Prevention and Health Service (OSH).
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.
It can be dispensed of that examination if the following 2 conditions are met :
- He shall be recruited for a post equivalent to those previously held
- No inadequacies were identified during the last medical examination in the previous 24 months.
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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 Prevention and Health Service (OSH).
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 45 days or more 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 Prevention and Health Service (OSH).
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.
It can be dispensed of that examination if the following 2 conditions are met :
- He shall be recruited for a post equivalent to those previously held
- No inadequacies were identified 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 according to the duration of the employee's employment 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 Prevention and Health Service (OSH).
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 45 days or more 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.
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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 Prevention and Health Service (OSH).
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 45 days or more 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, in some cases the seasonal agricultural worker may be exempt 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
- No notice of unfitness or of individual accommodation, adaptation, alteration of the post or working time has been issued by the occupational doctor in the last 5 years.
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 or alteration of the position or working time has been issued by the occupational doctor in the last two years.
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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
- No notice of unfitness or of individual accommodation, adaptation, alteration of the post or working time has been issued by the occupational doctor in the last 5 years.
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 or alteration of the position or working time has been issued by the occupational doctor in the last two years.
The following medical examinations shall be carried out by seasonal agricultural workers:
- 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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Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)
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Special provisions for the medical follow-up of seasonal workers
Exemption case Agricultural employee vip
Enhanced individual monitoring of seasonal agricultural workers
Exemption from enhanced individual monitoring of seasonal agricultural workers
Medical monitoring of seasonal agricultural workers
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