From February 25, 2021, the occupational health services can vaccinate certain employees.
Following the recommendation of the Haute Autorité de Santé (HAS) of February 2, 2021 entitled “Vaccination strategy against Covid-19 - Place du Covid-19 Vaccine Astra Zeneca” (https://www.has-sante.fr/upload/docs/application/pdf/2021-02/strategie_de_vaccination_contre_la_covid-19_-_place_du_covid-19_vaccine_astrazeneca_synthese.pdf), the Directorate General of Labor published on February 16, 2021 a Protocol for vaccination by occupational physicians using the AstraZeneca vaccine ( AZ).
1) Launch of a new phase of the vaccine strategy in France
The DGT first recalls that “in accordance with the recommendations of February 2, 2021 from the High Authority for Health (HAS), it was decided that as of February 25, 2021, the AstraZeneca vaccine would be used for the vaccination of people aged 50 to 64 included with co-morbidities ”.
In addition, "the health authorities have decided to make this possibility available to occupational physicians, who will be able to vaccinate volunteer employees from member companies that are part of the aforementioned target".
The DGT asks occupational physicians to respect the recommendations of the health authorities regarding the prioritization of target audiences in the vaccination campaign and to respect the ethical rules applying to any act of vaccination (respect for the consent of the person, medical confidentiality , etc ...)
Indeed, for all medical data collections, screenings or even here vaccination, respect for consent and medical confidentiality remain in place, even in these times of Covid-19.
See our article Collective screening for Covid-19 in a company: how does it work? (https://www.village-justice.com/articles/depistage-collectif-covid-entreprise-comment-marche,37689.html).
2) Particularity of occupational health services (OHS)
The DGT recalls that the participation of occupational health professionals in the vaccination campaign is part of the missions of the Occupational Health Services (OHS) under Article L. 3111-1 of the Public Health Code, article 1 of ordinance n ° 2020-1502 of December 2, 2020 and article R. 4426-6 of the Labor Code.
The Ministry of Labor thus aimed to adapt the OHS obligations in order to enable them to participate in the national strategy to fight the pandemic.
As a result, a "temporary adaptation of the deadlines for carrying out medical visits and examinations by the OHS (order 2021-135 of 10/02/21 and decree 2021-56 of 22/01/21) allows OHS to refocus their activity and adapt them to the health crisis ”.
It is again reminded that if vaccination is recommended, it requires the prior informed consent of the employee, who is voluntary.
Thus, no decision of unfitness can be drawn from the sole refusal of the employee to be vaccinated.
Finally, the instructions of the DGT note that "the occupational physicians practice in a salaried mode of practice inducing the necessary adaptations to the working environment":
- The occupational physician must ensure, in conjunction with the management of the service or the company, that he will have within his OHS the material and human resources suitable for carrying out employee vaccinations;
- Everything must be done to respect the confidentiality of vaccinations vis-à-vis employers. Employees identified as vulnerable cannot be "targeted by means of an individual summons under cover of the company manager, this having the effect of reporting to the employer confidential information concerning the health of the employee in question";
- Vaccination should therefore preferably be considered in the premises of the SST and not in the premises of the company itself;
- Consideration should be given to a global reflection within the ESS regarding vaccinations;
- Finally, in addition to entering vaccinations into the dedicated national information system, the OHS will have to ensure "reliable monitoring of the indicators necessary for monitoring" the vaccination activity.
To read all the article, please click on the link below
Protocol for vaccination by occupational physicians using the AstraZeneca (AZ) vaccine of February 16, 2021 (pdf)
Recommendation of the French National Authority for Health (HAS) of February 2, 2021 entitled "Vaccination strategy against Covid-19 - Place of Covid-19 Vaccine Astra Zeneca"
Frédéric CHHUM avocat et membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
.Paris: 34 rue Petrelle 75008 Paris tel: 0142560300
.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644
.Lille: 25, rue Gounod 59000 Lille tel: 0320135083