At a glance
- Employers must refer employees for mandatory medical evaluations before returning to work after extended absences, and after medical leave of 30 plus days. They must also adapt working conditions within 20 business days based on medical recommendations.
- Complementary exams require the employee’s prior written consent, and sensitive tests are restricted to justified cases with safeguards against discrimination and misuse.
- Employers must define the frequency of exams (max every three years), provide detailed job and risk data to physicians, and ensure all health-related testing is technically justified, confidential, and part of the Occupational Health and Safety Management System.
This article has been reproduced with the permission of Diana Zuleta Martínez at Martinez, our partnered firm in Colombia.
The new regulation on occupational medical examinations introduces several new provisions regarding occupational examinations. The following are the most relevant:
The law added the medical evaluation for return to work and the occupational medical follow-up or monitoring evaluation.
For example, the employer must refer the employee for a mandatory medical evaluation before returning to work after 90 or more days of non-medical absence.
Conversely, in the case of medical conditions, the employer must refer the employee for a mandatory post-disability examination after 30 or more days of medical leave, or earlier if the condition requires it. The employer will have 20 business days to adapt working conditions following the medical opinion (recommendation or restriction).
Additionally, the employer must define the frequency of the examinations, with a maximum interval of three years, subject to technically justified exceptions supported by the Occupational Risks Administrator (ARL).
On the other hand, complementary examinations require the employee’s free, prior, and written consent. Even so, the employer must record the employee’s refusal if it occurs.
Moreover, the employer must provide the evaluating physician with the detailed job profile, risk and health data, updated hazard matrix, technical studies, and biological indicators if applicable.
Finally, the employer is prohibited from requiring pregnancy, HIV or serology tests as a condition for hiring or continued employment of an employee, except in cases of actual risk and with prior consent. If the employer requires such tests, it must demonstrate non-discrimination.
The employer may only conduct alcohol and psychoactive substance tests to prevent occupational diseases or workplace accidents. Such tests may be administered to individuals whose work poses a risk to others or involves risk with respect to third parties, subject to the employee’s prior consent and free acceptance, except when the activity performed falls within risk class IV or V.
These tests must also be justified within the employer’s Occupational Health and Safety Management System, with technical support, confidential handling, and preventive use.
More to explore
