Medical examinations at hiring
The law of January 28, 2003 limits medical investigation to current fitness and position characteristics. The recruiter cannot organize general medical screening.
Article 2 covers candidates in both private and public sectors. Article 3, § 1, frames tests, exams, and questions intended to gather medical or hereditary information. It notably prohibits predictive genetic tests and HIV screening, subject to regulatory exceptions in Article 5.
Article 3, § 2, provides for information by confidential registered letter ten days before the exam, concerning information sought, the exam, and its reasons. Under § 3, only competent occupational health doctors can request or perform these exams.
The employer and candidate receive the decision via the medical form provided. Written justification of unfitness is transmitted to the doctor designated by the person involved. Article 4 requires informing of conditions susceptible to being worsened by the position. Date used: publication in the Belgian Official Journal of April 9, 2003.