Introduction
Many companies wonder about employees returning after an extended period of incapacity, particularly when the latter mentions that he/she has health problems yet but is no longer on official medical leave. In this context, companies must ensure that their employees are in optimal conditions to return to work to guarantee the worker’s safety and prevent risks within the work environment.
Importance of the Re-entry Medical Examination
According to Ministerial Resolution No. 312-2011-SA, the re-entry medical examination is mandatory when a worker returns to work after a prolonged temporary incapacity to evaluate the worker’s physical and psychological condition to determine if to resume his/her usual duties. It should be noted that the company is responsible for assuming the costs of this examination, which reflects the importance of occupational health as a corporate duty.
This process is a regulatory requirement and a preventive measure that allows companies to avoid possible occupational accidents or future health complications. The correct implementation of this examination contributes to employee protection and operational efficiency, ensuring that workers returning from incapacity are in optimal condition to perform their duties without putting their well-being or that of their co-workers at risk.
Re-entry Medical Examination Procedure
Requesting the medical examination: When a worker returns from an extended medical leave, the company must coordinate with the occupational health service or the corresponding medical entity to examine the employee’s physical and mental conditions.
- Complete health condition evaluation: This examination should include a thorough medical examination to identify if the worker has any limitations to resume his/her activities. In addition, it should verify if there is a risk of aggravating any pre-existing condition or if any type of adaptation is necessary in the workplace.
- Determination of the worker’s aptitude: After the evaluation, the occupational physician will determine whether the worker can return to work with or without restrictions or if a sporadic or permanent relocation is necessary.
- Assume the examination costs: As part of its obligations, the company must assume all costs associated with the re-entry medical examination, thus ensuring compliance with current occupational health and safety regulations.
Benefits for the Company and Employees
Implementing the re-entry medical examination protects the personnel’s health and reduces occupational risks. The correct evaluation of the employee’s state of health prevents them from returning to work in adverse conditions for their well-being or that of their colleagues.
In addition, this type of examination promotes a safe and healthy work environment, which improves productivity and reduces possible new episodes of incapacity or occupational accidents. In the long term, it also contributes to the corporate image by demonstrating that the company cares about the well-being of its employees and complies with current occupational health and safety regulations.
Regulatory Compliance
Compliance with regulations is essential to avoid penalties and maintain an efficient operation. Ministerial Resolution No. 312-2011-SA clearly establishes the need for these reentry medical examinations, which must be performed before the worker returns to work. Failure to comply with this obligation could result in fines, sanctions or even disqualification from the worker’s functions, which would affect the company’s operations.
Conclusion
We recommend you review Ministerial Resolution No. 312-2011-SA to ensure your company understands the requirements and necessary procedures to perform re-entry medical examinations to comply with the law, protect your personnel’s health, and promote a safe work environment.
For further information on the procedures and responsibilities of companies in labor matters, contact us to consult our website: VAG Global – Audit, Tax and Transfer Pricing (vag-global.com).
Source: Resolution Ministerial N.° 312-2011-MINSA