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Summary dated 1st February 2020 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:
|
5 years | Any format | As from the date on which these lists are dawn up | Article I.4-5 and I.4-8 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 §3 Codex April 28th, 2017 regarding well-being at work |
| Global prevention plan for a 5 year term. | No retention period is provided for in the Codex April 28th, 2017 | Not determined | Not determined | Article I.2-8 Codex April 28th, 2017 regarding well-being at work |
| Documents and registers with relation to the measurements of radioactivity and the intervention of experts in medical radiation physics. | 30 years | Original | Not determined by law | Articles 23.2.7 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).
Copyright 2020 Merak NV, all rights reserved.