Medical examination outside working hours

The occupational risk prevention regulations establish for the employer the obligation to monitor the health of all its staff. This means that all companies must offer their employees the possibility of undergoing a medical examination, carried out by the occupational risk prevention service with which the specialty of occupational medicine has been contracted (in general, medical examinations are voluntarily accepted by workers, except in three specific cases of special risk or danger).

The failure to offer this examination may be sanctioned with a fine starting at 2, 451 euros. Therefore, it is advisable to document the offer of the examination to the employee and, if the employee rejects it, to obtain their written signature reflecting their waiver. Thus, in case of future inspections, the company can prove that the offer was made.

On the other hand, if a company breaches its duty of confidentiality regarding the data obtained in the medical examination, it may be fined starting at 49, 181 euros.

The medical examination must be carried out during the worker's working hours. The time spent must be recorded, which should be considered as effective working time, without the company being able to demand its return at another time.

If it is not possible to carry it out during working hours (for example, because the employee works the night shift), it is important to verify that the hours allocated to the medical examination do not constitute a breach of the regulations on weekly rest or between shifts. Likewise, such hours must be deducted from the employee's regular working hours.

When the worker has to travel to the medical service, the company must calculate a reasonable travel time and also deduct it from the working hours.

 

Our professionals will inform you about any doubts you may have regarding medical examinations and health monitoring.