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A Royal Decree of 5 January 2021, recently published in the Belgian Official Gazette, regulates the additional specific tasks assigned to the prevention advisor-occupational physician in combating the COVID-19 pandemic in companies and institutions. This primarily involves tasks related to contact tracing, issuing quarantine certificates and testing employees who might be COVID-19 positive.
In order to efficiently combat the COVID-19 pandemic in companies and institutions, the prevention advisor-occupational physician (hereafter, ‘occupational physician’) is charged with additional specific tasks (hereafter, ‘specific COVID-19 tasks’).
In the following situations, the occupational physician traces high-risk contacts in the company, taking into account the guidelines of the competent authorities:
The occupational physician issues a quarantine certificate to employees of the company whom he considers to be high-risk contacts; he also informs the employer so that he can ensure that the employees comply with the rules on work permitted during the quarantine.
In accordance with the testing strategy determined by the competent authorities, the occupational physician refers certain employees who are physically present at work for a COVID-19 test.
If he considers it more appropriate and provided that the proper personal protective equipment and test materials are used, the occupational physician (or the nursing staff under his responsibility), may carry out the COVID-19 test himself.
These tests may be carried out on the following employees:
If, in carrying out these specific COVID-19 tasks, the occupational physician determines that additional measures are necessary to limit the further spread of COVID-19 in the company or to prevent outbreaks, he must report this to the employer. The employer must follow up on this and check whether the precautionary measures previously taken need to be adapted. To this end, he consults urgently and in advance with the Committee for Prevention and Protection at Work (CPPW).
The employer and employees must cooperate fully with the occupational physician and provide him with all the information necessary to carry out the specific COVID-19 tasks, in particular by reporting any contamination that may be relevant to prevent the spread of COVID-19 in the workplace.
They must also comply with the procedures prescribed by the competent authorities for contact tracing, quarantine and testing.
For the duration of the health crisis, the occupational physician must give priority to the specific COVID-19 tasks over his other health surveillance tasks and duties.
After consultation with the employer, the occupational physician decides which health surveillance tasks and duties should be carried out as a priority, in what order and for which employees.
Prior health assessments must be carried out in all cases.
To the extent that the application of these specific COVID-19 tasks makes it impossible to timely fulfil certain health surveillance obligations, they will be carried out at a later date (unless this is not applicable).
The employer immediately informs the CPBW and the employees concerned of the measures taken and, in particular, of any adjustments to health surveillance, as well as the reasons for such adjustments.
During the duration of the health crisis and to reduce the risk of contamination, the occupational physician may decide to carry out certain consultations by video conference or by telephone, unless it is necessary to physically see or examine the employee. Those consultations may include:
The Royal Decree providing for these new provisions enters into force on 21 January 2021. It has been provided for that it will be repealed when the pandemic has diminished and is sufficiently under control.
Should you have any further questions, please contact your service for prevention and protection at work.
Source: Royal Decree of 5January 2021 concerning the role of the prevention advisor-occupational physician in combating the coronavirus COVID-19, Belgian Official Gazette of 21 January 2021.
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