Employee Health Surveillance: Legal Rights & Rules

Article 22: Health Surveillance of Workers

Under occupational health and safety regulations, the monitoring of employee health must adhere to strict legal standards to ensure safety, privacy, and non-discrimination.

1. The employer must ensure that workers have access to the regular monitoring of their health in light of the risks inherent in their jobs. This health surveillance may take place only when the worker provides their express consent.
   
   This requirement for consent excludes cases where, following a report from workers' representatives, the conduct of health assessments is essential to:
   • Evaluate the effects of working conditions on the health of workers;
   • Verify if a worker's health status may constitute a danger to themselves, other workers, or other persons connected with the company; or
   • Comply with statutory provisions concerning the protection of specific risks and particularly dangerous activities.
   In all cases, they must opt for examinations or tests that cause the least harm to the worker and are proportionate to the risk.
2. The health surveillance measures must be carried out while fully respecting the privacy and dignity of the worker, as well as the confidentiality of all health-related information.
3. The results of the health monitoring referred to in the preceding paragraph must be communicated directly to the affected employees.
4. Data obtained from the health surveillance of workers may not be used for discriminatory purposes or to the detriment of the worker.
   
   Access to personal medical information is strictly limited to medical staff and health authorities carrying out the health surveillance. This information shall not be provided to employers or other persons without the express consent of the worker.
   
   Notwithstanding the foregoing, the employer and the persons or bodies responsible for prevention will be informed of the conclusions arising from the health assessments regarding the worker's fitness to perform their job, or the need to introduce or improve protective and preventive measures, so they may perform their duties properly.
5. In cases where the nature of the risks inherent in the work so requires, the right of workers to regular monitoring of their health status shall be extended beyond the termination of employment, under the terms determined by regulation.
6. The health surveillance measures for workers must be carried out by qualified clinicians with expertise, training, and proven professional ability.