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Retention period medical documents

Retention period medical documents

Summary dated April 15th, 2018 of the essential legal provisions regarding the retention periods of your archives.

Documents Minimum retention period Format Start date of the retention period Act
Lists
The legislator determines that the employer must take various measures for employees employed in security positions, positions requiring increased vigilance, or activities with a defined risk. This entails, for example, the drawing up of the following lists:
  • a list of security positions, positions requiring increased vigilance, activities with a defined risk;
  • a list of all employees subject to health monitoring, with the name of the employee and the nature of the security position, position requiring increased vigilance, activity with a defined risk;
  • a list of employees subject to obligatory vaccinations and tuberculin testing;
  • a list of employees who wish to be subject to regular health monitoring.
5 years Any format As from the date on which these lists are dawn up Article I.4-5 Codex April 28th, 2017 regarding well-being at work
Health files-dossiers
The health file that needs to be retained after the departure of an employee consists of the social administrative data regarding the identification of the employee and its employer, the work anamnesis and the objective medical personal data, and the data regarding exposure
15 years (1)

Once this period has elapsed, the section or the department in charge of medical supervision may destroy the file, or give it to the doctor designated by the employee, if the employee has asked this timely after having been informed of this possibility.

When the file has to be retained for longer than fifteen years in cases determined by specific provisions of the codex, the section or the department in charge of medical supervision saves it in the archive from the day that the employee is no longer part of the personnel subjected to health monitoring.
Original As from the date the employee leaves the company (2) Articles I.4-85 and I.4-89 Codex April 28th, 2017 regarding well-being at work
The list of names of the employees that perform work whereby an exposure to biological agents of group 3 or 4 can arise.
This list mentions which kind of work was done and, if possible, the biological agent to which the employee was exposed as well as, where appropriate, the accidents or incidents which took place and which can possibly have led to the release of a biological agent and can lead to an infection or a serious illness..

10 years

30 years in case the exposure can result in specific infections
Original As from the end of the exposure Articles VII.1-10 and VII.1-11 Codex April 28th, 2017 regarding well-being at work
Register of the employees that are exposed to asbestos.
In this register, the nature and the duration of the works are mentioned, as well as the exposure that the employee has undergone.
40 years Original As from the end of exposure Article 19 Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work; articles VI.3-29 and VI.3-30 Codex April 28th, 2017 regarding well-being at work
The list of names of the employees that perform work whereby an exposure to carcinogenic, mutagenic agents or reprotoxic can arise.
In this list, the exposure that the employee has undergone is mentioned.
No retention period is provided for in the Codex April 28th, 2017 Original As from the end of exposure Article VI.2-12 Codex April 28th, 2017 regarding well-being at work /td>
Global prevention plan. 5 years Original As from the drafting of the prevention plan Article I.2-8 Codex April 28th, 2017 regarding well-being at work
Documents with relation to the measurements of radioactivity and the intervention of experts in medical radiation physics. 30 years Original Not determined by law Articles 23.2 and 51.7.1 Royal Decree of July 2001 concerning the general regulation of the protection of the population, of employees and the environment from the danger of ionising radiation

Although we have composed this list with much care, Merak N.V. cannot be held responsible for any errors or any changes made to legislation.

(1) The retention period however, is 30 years in case the employee is exposed to biological agents that can result in (article VII.1-49 Codex April 28th, 2017 regarding well-being at work)
The retention period is 40 years in case the employee is exposed to asbestos, carcinogenic or mutagenic or reprotoxic agents (article VI.3- 35 Codex April 28th, 2017 regarding well-being at work and VI.2-15 Codex April 28th, 2017 regarding well-being at work).

(2) The period commences as from the end of the exposure in case the employee is exposed to biological agents that can result in infections, or in case the employee is exposed to asbestos, carcinogenic or mutagenic agents (article VII.1-49 Codex April 28th, 2017 regarding well-being at work ; article VI.3-35 Codex April 28th, 2017 regarding well-being at work; article VI.2-15 Codex April 28th, 2017 regarding well-being at work).

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