WORKPLACE HEALTH SERVICE
LexInter | May 20, 2002 | 0 Comments

WORKPLACE HEALTH SERVICE

Article L241-1
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)(Law n ° 95-116 of February 4, 1995, art. 86 Official Journal of February 5, 1995)

The scope of this title is that defined in Article L. 231-1, paragraphs 1 and 2.
It also extends to transport companies by rail, road, water and air. Decrees fix, for each category of transport companies, the modalities of application of this paragraph.
Employers covered by this title must organize occupational medical services.
The State administrations and public establishments referred to in Article 2 of Law No. 84-16 of 11 January 1984 laying down statutory provisions relating to the State civil service may call on the services of occupational medicine under this title under conditions set by decree of the Council of State.

* Note – Labor Code L. 264-1, R. 264-1: penal sanctions. *

Article L241-2
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)
Occupational medical services are provided by one or more physicians who take the name of “occupational physicians” and whose exclusively preventive role consists in preventing any deterioration in the health of workers as a result of their work, in particular by monitoring working conditions. occupational hygiene, the risks of contagion and the state of health of workers.
Article L241-3
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)
Depending on the size of the companies, occupational health services can be specific to a single company or common to several.
Article L241-4
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)
The expenses relating to occupational medical services are the responsibility of the employers; in the case of services common to several companies, these costs are distributed in proportion to the number of employees.
Article L241-5
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)
Decrees determine the conditions for the organization and operation of occupational medical services.
Article L241-6
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

From a date fixed by decree, a special diploma is compulsory for the exercise of the functions of occupational physician.

Article L241-7
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

A decree determines the conditions under which the duties of occupational physicians may be declared incompatible with the exercise of certain other medical activities.

Article L241-8
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

Whenever possible, the occupational physician is a specialist physician, employed full time, who cannot practice medicine for ordinary clients.

Article L241-9
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

When the occupational medical service is provided by a group or body separate from the establishment employing the workers benefiting from this service, the managers of said group or body are subject, under the same conditions as the head of the establishment and under the same sanctions, to the prescriptions of this title and of the decrees taken for its application.

Article L241-10
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

The formal notice procedure provided for in Article L. 231-4 is applicable in the event of an infringement of the provisions of this title and of the decrees adopted for its application which relate to: The
qualification conditions required of doctors and nurses or nurses from occupational health services;
The procedures for establishing the employment contract for occupational physicians;
The obligation for the occupational physician to personally exercise his functions;
The time that the occupational physician must devote to the performance of his duties;
The presence in the establishment of at least one nurse during the staff’s normal working hours;
The obligation to train first aiders in workshops where hazardous work is carried out;
The organization of a night watch service in establishments working day and night;
At the physical installation of the occupational medical service.
The minimum notice period is set at one month.

Article L241-10-1
(inserted by Law n ° 76-1106 of December 6, 1976 Official Journal of December 7, 1976)

The occupational physician is empowered to propose individual measures such as transfers or conversions of workstations, justified by considerations relating in particular to the age, physical resistance or state of health of the workers.
The business manager is required to take these proposals into consideration and, in the event of a refusal, to state the reasons which oppose it being acted upon.
In the event of difficulty or disagreement, the decision is taken by the labor inspector after consulting the medical inspector of labor.

Article L241-11
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)
Violations of the provisions of this chapter and the decrees issued for its execution are noted by labor inspectors.

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