Conditions for medical examinations

Do you recruit staff in the Netherlands? You are not allowed to ask questions about the health and sickness (absenteeism) of a candidate. You can only ask such questions during a pre-appointment medical examination. Would you like a candidate to undergo a pre-appointment medical examination? This is only allowed if there are particular medical requirements in order to carry out the role. For example, if it involves heavy lifting work.

Rules for pre-employment medical examinations

You may only carry out a pe-employment medical examination if a candidate applies for a position where there are risks to the health and safety of the employee or others. For example, a driver with a vision impairment. For such positions specific job requirements apply.

You have to keep to specific rules if you want job candidates to undergo a pre-employment medical examination, such as:

• You must mention in the vacancy text that a pre-employment medical examination is part of the selection procedure.
• You can only have a registered company doctor conduct the examination.
• A pre-employment medical examination can only take place once you have chosen the candidate. Thus, this can only be at the end of the selection procedure.
• The company doctor needs the candidates permission to pass the results on to the prospective employer.

Supervision and complaints

The Complaints Committee for Pre-employment Medical Examinations (CKA) is a committee of the Social and Economic Council of the Netherlands (Sociaal-Economische Raad, SER). It checks whether you adhere to the rules when you carry out medical examinations. Applicants, medical examiners, employers, and works councils can submit their complaint to the complaints committee. The committee will issue a written decision within 6 weeks of receiving the complaint.

Periodic occupational health medical examination

You may be obliged to offer your staff a Periodic occupational health examination (Periodiek Arbeidsgezondheidskundig Onderzoek, PAGO) during their employment. This may be required by a collective labour agreement (CAO) or other regulations. Unlike the pre-employment medical examination, participation in the periodic occupational health medical examination is voluntary. The rules around occupational health medical examinations can be found in the Working Conditions Decree Article 4.10 and 4.23.