The medical examination upon return from illness can only be arranged if the job performed by the worker requires health surveillance. The Ministry of Labor clarified this in its response to the question dated 6 February.
In case of absence from work for more than 60 days for health reasons, the employer can order a medical examination before resuming work only if the job requires health surveillance. The clarification comes from the Ministry of Labour via the reply to question of 6 February 2024.
The medical examination upon return of the illness, necessary to verify the suitability of workers to resume carrying out the work task must be carried out only if the specific activity carried out requires the health surveillance.
Illness: medical examination upon return only for duties with mandatory health surveillance
The Ministry of Labor with the response to the question no. 1 published on February 6, 2024, provides some clarifications on the matter of illness and health surveillance. Specifically, it was asked if a worker who is not reported or exposed to work risks (chemical, biological, mechanical and for use of video terminals) must be visited after 60 days of absence due to illness.
In providing a response, the Ministry reiterated the definition of health surveillance, which as indicated in the article 2, paragraph 1, letter m) of the Consolidated Law on safety in the workplace consists of the set of medical acts aimed at protecting the state of health and safety of workers, in relation to the working environment, professional risk factors and the methods of carrying out the working activity.
Furthermore, as required by the article 18 of the TU, the employer is obliged to appoint the competent doctor, who must carry out health surveillance in the cases foreseen and if required by the evaluation of risks.
The same article 18 then provides that the employer, when assigning tasks, is also obliged to take into account the capacity and conditions of male and female workers in relation to their health and safety.
This, in fact, is required to ensure that the workers for whom the obligation applies to health surveillance are not assigned to specific tasks without a suitability assessment.
The medical examination prior to resuming work must be carried out only for tasks with mandatory health surveillance
Health surveillance as indicated in paragraph 2 of article 41 of Dlgs n. 81/2008 comprehends medical visits preventive and periodic to ascertain the absence of contraindications to carrying out the task specification to which the worker is intended. The visit can also be requested directly by the worker, if the competent doctor deems it related to the professional risks or under the conditions of health.
The health surveillance furthermore provides a medical examination to be carried out before resuming work, in the event that the worker is absent for health reasons for a period exceeding 60 days continuous, in order to verify suitability for the job to which he was previously assigned.
Therefore, the medical examination upon returning from prolonged illness must be carried out only if there is an obligation for the specific task health surveillance as it is necessary to verify whether the worker in question is able to continue support the activity carried out previously without damage or risk to your psycho-physical integrity.