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Medical examination termination of employment relationship

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What is the termination of employment visit? When is it needed? How does it take place? We answer this and other questions on the subject in this short article from Global Medical Service.

We provide our customers with a clear and comprehensive answer to the numerous needs laid down by the regulatory framework in the health, occupational safety, training and environmental fields. Among our services, there is no shortage of medical work visits and specific examinations. Contact us for more information or for advice on health surveillance.

Consolidated Law and mandatory health surveillance

Article 41 of Legislative Decree 81 08 illustrates the indications for carrying out proper health surveillance. This activity is carried out by the competent doctor, who must carry out a series of mandatory medical examinations:

  • preventive medical examination, important to offer a judgment of suitability to the worker, if the risk assessment requires it, who can then carry out his duties eliminating any risk to his health

  • periodic medical examination, to monitor the employee’s health and identify additional safety measures in the event of serious risks to his safety

  • at the request of the worker, if he perceives symptoms in some way related to his job

  • after a long period of absence which could lead to a worsening of the health conditions of employees

  • on the occasion of the change of job, for a correct assessment of the suitability of the worker

  • at the termination of the employment relationship, so as not to leave workers with illnesses, accidents and ailments related to staying in the company.

The medical examinations listed above do not include the ascertainment of pregnancy or the diagnosis of venereal diseases. They are all borne by the employer (or the National Health Service) including clinical and biological examinations and diagnostic investigations aimed at the risk deemed necessary by the competent doctor. They take place both in private companies and in those of the Public Administration.

The goal of these exams is monitor the psychological and physical health of workersin order to intervene with the improvement of safety measures in the event of the presence of diseases, accidents and disorders related to the tasks performed.

Who should undergo mandatory health surveillance?

The subjects that the competent doctor must visit in the workplace are:

The competent doctor, in relation to these roles, has specific responsibilities: he collaborates with the employer and with the SPP to elaborate the DVR, carries out mandatory health surveillance, compiles the health and risk records for each professional figure within the ‘organization chart, delivers to the employer, upon termination of the assignment, the health documentation in his possession and to the worker a copy of the clinical file, participates in periodic meetings.

Why carry out a medical examination upon termination of the employment relationship?

In occupational medicine, what is the visit when the worker leaves the company? Theoretically it is no longer the employer’s responsibility and so why should it need further testing?

The reason is soon to be said: it serves to make sure that the worker has not been affected by risks to his safety. The medical examination upon termination of the employment relationship is necessary as it identifies any disturbances that may have arisen due to the duties that were carried out in the company.

The data collected from the medical examination at the termination of the employment relationship are used to understand the actual risks present in the company and to improve prevention and protection in the workplace. Furthermore, it helps the worker not to incur ailments and diseases if his health is already precarious.

When is the visit necessary after the termination of the employment relationship?

The termination of the employment relationship, i.e. thetermination of the employment contract, can occur for various reasons, in addition to the obvious one of the expiry of the contract. It can occur due to spontaneous resignation, in the event of dismissal for just cause or for justified reason, due to the unsuitability of the worker who autonomously decides to change company.

For Justified reason we mean a set of reasons concerning the productive activity or the organization of work, while the just cause has to do with a notable lack of fulfillment of contractual obligations, theft, personal injury or damage carried out by the worker.

In both cases, however, and in general for all the reasons that have to do with the organization of the activity or with the disciplinary or criminal sphere, there is no obligation to carry out a medical examination to terminate the relationship.

The visit is in fact mandatory only in the cases provided for by current legislation, therefore when workers are in contact with chemical agents, in the case of exposure to biological, carcinogenic and mutagenic agents. In addition, a medical examination upon termination of work in a certain company is required when workers have to perform their duties at night, in the case of manual handling of loads, carrying out tasks in conditions of noise, vibrations, uncomfortable microclimate, working in high altitude, in confined spaces and in contact with high voltage.

When the worker leaves the company organization chart, the competent doctor gives the worker one copy of the medical record and risk, and provides him with the necessary information relating to the conservation of the same. According to the legislation in force, the original medical record must be kept, in compliance with the provisions of Legislative Decree 30 June 2003, n. 196, by the employer, for at least ten yearsunless otherwise specified by other provisions.

What happens if the medical examination is not carried out upon termination of work?

If the employer does not ask the competent doctor for a medical examination upon cessation of work, he risks heavy penalties such as fines from 1,000 to 5,000 euros and arrest from two to four months.

The reason for such severity lies in the importance of correct health surveillance which must be carried out carefully, making sure that the collaboration of the worker in the company has not caused any physical and psychological damage.

It is a form of protection of the health of the worker. An employee with accidents, even invisible ones, cannot be sent away from the workplace and pretended not to be responsible for them.

Therefore, if you want to guarantee a quality mandatory health surveillance service, in line with Legislative Decree 81 08 and protecting the health of employees, do not hesitate to contact Global Medical Service. We take care of occupational safety courses in Milan and Melzo, but also of periodic medical visits for workers and examinations of all kinds. Contact us for more information.

For info call us at 02.41.22.561


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