The judgment of suitability of the worker for the task performed is the final outcome of the health assessment verification established by the competent physician.
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Judgement of worker’s suitability for the task performed: the main points to know
The judgment of the worker’s fitness for the task being performed is determined by the competent physician after a thorough medical examination to which the worker undergoes at the outset. If the worker is found to be “fit,” his or her position will be confirmed or changed with subsequent periodic medical examinations.
Visits are carried out according to the risk assessment document then based on the risks to which each worker is exposed.
Health surveillance (i.e., the set of medical examinations and examinations used to monitor the health of workers) is the activity through which the competent physician makes his or her judgment and is fundamental in that it safeguards and protects the health of the worker by preventing compromising or even worsening health states.
It is of great importance for the employer to know whether one of his employees is fit in performing his task or if he has dysfunctions so that the assigned task can no longer be performed.
What are the judgments of suitability or unfitness for the task performed
The judgment of the worker’s fitness for the task may be:
- eligibility;
- Partial eligibility (temporary or permanent, and also with limitations);
- temporary unfitness;
- Permanent unfitness;
Suitability
‘Fitness for duty gives the worker a positive judgment about his or her health condition attached to the task he or she is going to perform. So being eligible he can perform his task without any restrictions.
Partial fitness (temporary or permanent, and also with limitations)
“Partial eligibility” is a judgment of eligibility but “not 100% full.”
In this case, the competent doctor after the medical examination has determined that the worker has special health conditions so he/she can perform his/her task but must comply with the conditions dictated by the doctor (for example, a worker with back problems must comply with a certain load lifting).
Temporary unfitness
With the outcome of “temporary unfitness,” the worker is temporarily suspended from performing his or her job duties. After the standstill period determined by the competent physician has elapsed, the worker must undergo a new medical examination to assess his or her health status.
Permanent unfitness
With “permanent unfitness,” the competent physician believes that the worker cannot perform that task at all. In this case, the employer, with the help of the competent physician who will guide him with targeted guidance, is required to give him another type of assignment that may be compatible with his health condition.
At the end of the visit
At the end of the examination, the competent physician is obliged to inform the worker about the outcome. The employer is also informed in a “brief” manner through a written copy of the judgment since for privacy reasons he cannot learn of illnesses or the worker’s physical state.
If the opportunity to perform another job is shown to be unavailable by the employer, judgments of permanent unfitness or partial unfitness with limitations may be deemed just cause for termination of the employment contract.
Where there is a disagreement between the worker and the competent doctor on the judgment of the worker’s fitness for the task performed, the employer or the worker himself, may appeal within 30 days of the judgment under Art. 41 of Legislative Decree. 81/08.
