Frequently Asked Questions
Refusing the obligatory periodical medical examination or refusing the vaccination
What happens when an employee does not attend the obligatory medical examination or when an employee refuses a vaccination.
Certain categories of employees are obliged to undergo a preventive medical examination or vaccination. Based on the permanent risk analysis, the employer draws up name lists of employees who are obligatorily subject to the health surveillance.
The legislation stipulates that if a subject backs out of the obligatory medical examination or vaccination, the enterprise may no longer employ this employee in the risky occupational activity. After all, the legislator rightfully judges that someone who does not completely dispose of the required physical or psychological capacities not only endangers his own safety but also that of his colleagues.
Attention: The employer remains liable in any case, because he is prohibited to employ ‘subject employees’ in risky occupational activities who are refusing the obligatory medical examination or the vaccination. In case of an industrial accident, he might be put liable, both in the criminal and in the civil domain.
In practice however, there are not many problems and refusing the medical examination is mainly due to organisational circumstances, such as the absence of the employee due to illness and unexpected occupational activities. Good communication will solve most problems.
For any further information, please contact your prevention consultant-occupational physician or your regional IDEWE-IBEVE secretariat.
Certain categories of employees are obliged to undergo a preventive medical examination or vaccination. Based on the permanent risk analysis, the employer draws up name lists of employees who are obligatorily subject to the health surveillance.
The legislation stipulates that if a subject backs out of the obligatory medical examination or vaccination, the enterprise may no longer employ this employee in the risky occupational activity. After all, the legislator rightfully judges that someone who does not completely dispose of the required physical or psychological capacities not only endangers his own safety but also that of his colleagues.
Attention: The employer remains liable in any case, because he is prohibited to employ ‘subject employees’ in risky occupational activities who are refusing the obligatory medical examination or the vaccination. In case of an industrial accident, he might be put liable, both in the criminal and in the civil domain.
In practice however, there are not many problems and refusing the medical examination is mainly due to organisational circumstances, such as the absence of the employee due to illness and unexpected occupational activities. Good communication will solve most problems.
For any further information, please contact your prevention consultant-occupational physician or your regional IDEWE-IBEVE secretariat.
