When is a pre-employment medical examination justified?

The act does not lay down in detail for which function a medical examination is justified. However, it does give clear indications of what is allowed, and what is not. For instance:

  • If an employer feels that a pre-employment medical examination is necessary for a certain post he must consult the Occupational Health Services about the legitimacy and the contents of the examination; 
  • When the employer, after consulting the Occupational Health Services, decides that a pre-employment medical examination is necessary, the advertisement for the post shall make it clear that this is part of the selection procedure; 
  • During a job application interview the employer is not allowed to ask any questions about the candidate’s health or about absenteeism in his/her former employment;
  • The pre-employment medical examination may only be carried out by a qualified occupational physician.