On January 12, the Ile-de-France Disciplinary Chamber of First Instance of the Medical Association made a decision in a case between the occupational doctor Jean-Louis Zylberberg and an SME he monitors in the Ile-de-France region. , Valente Securystar doors.
The company, which specializes in the production of armored doors, filed a complaint after the health expert issued incapacity notices to several employees. “An occupational health expert who writes twelve letters in two years, in a company with only around sixty employees, that raises questions.”, estimates Massimo Valente, its president. She pointed out what she considered to be deficiencies in the procedures that led to these opinions. Which Mr. Zylberberg denies.
“Society assumes that these are opinions of convenience”regrets the latter, who believes that relations with the entrepreneur are biased: “I carry the label of a “red”, committed doctor who would only make informed decisions. But the reality is that employees are suffering. » The disciplinary chamber retained “Violations of medical ethics” and imposed a one-year professional ban with a six-month probation and the payment of 1,000 euros to Valente Securystar Portes. Mr. Zylberberg decided to appeal.
An occupational doctor before the civil authorities: Even if the situation remains rare, it is becoming more and more common. The risk of prosecution for non-compliance with medical ethics has increased for healthcare professionals in recent years. “It is a free procedure that may have been perceived by employers as a bargaining chip capable of curbing what they sometimes saw as the extravagant impulses of occupational health professionals.”explains Sophie Fantoni-Quinton, President of the French Society for Health at Work.
Compliance with procedures
A measure that has the main advantage of proposing a preliminary conciliation phase between the occupational doctor and the complainant – who can be an employer but also an employee – before any instructions are given by the disciplinary body. “Many complaints are resolved when the healthcare professional withdraws or changes their mind.”continues MMe Fantoni Quinton. In personal conversations, he often has in mind the sanctions to which he is exposed: warning, reprimand, temporary professional ban or removal from the order’s list.
Another danger is being closely monitored by occupational health professionals: the risk of labor court proceedings that could invalidate a report. “It is a long dispute that puts employers in a situation of legal uncertainty that could drag on for several years. That’s why it’s being used less and less.”Minds MMeFantoni Quinton. “But whatever it may be attractive to companies, we’re all thinking about it.”For her part, assures an occupational doctor from Marseille who did not want to give her name.
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