Second Opinion Protocol

1.   Applicability

1.1. This Protocol applies to a Second Opinion, on the understanding that the customer may or may not have made other arrangements with the Occupational Physician or the Occupational Health and Safety Service in consultation with their Representative Body.

1.2. In so far as the content of a provision of this Protocol does not oppose this, the Protocol shall apply mutatis mutandis if the Employee, with the consent of the customer, requests a Second Opinion from an occupational physician other than the SeCoBA. 

2.   Request for a Second Opinion

2.1. An Employee may, on their own initiative or after the Occupational Physician has informed them of this option, request a Second Opinion from the SeCoBa if they doubt the accuracy of the opinion given by the Occupational Physician pertaining to the tasks referred to in Article 14, paragraph 1, under b (sickness absence support), or c, part 1 (occupational health examination) or 3, consultation with regard to health issues related to work, of the Occupational Health and Safety Act.

2.2. Before granting the Employee's request, the Occupational Physician will consult with the Employee to: clarify the question put to the SeCoBa; agree which information will necessarily be provided to the SeCoBA with the employee's express consent; discuss the costs involved in the Second Opinion; inform the Employee about the suspensive or non-suspensive effect of the Second Opinion; discuss the relationship between the Second Opinion and an Expert Opinion.

3.   File Management and Information to the Employee

3.1. The Occupational Physician will keep a record of the consultation with the Employee and add their report to the socio-medical file.

3.2. The Occupational Physician will make information available to the Employee regarding the methodology of the Second Opinion and refer them to the location of the Protocol.  

3.3. With regard to the medical data that they collect for file creation, the Occupational Physician will at least make a distinction between: data obtained from contacts that the Employee has voluntarily entered into and/or in which the Employee has voluntarily participated and; data obtained from contacts that have been established ’on behalf of third parties’ and in which the Employee has compulsorily participated.

4.   Question and Provision of Information to the SeCoBa 

4.1. After consultation with the Employee, the Occupational Physician will request that the SeCoBa schedule an appointment with the Employee within 2 days of receipt of the request as referred to in Clause 3.1 of the Protocol, unless there are compelling arguments against consulting the SeCoBa and the Occupational Physician makes this known to the employee with reasons. There are compelling arguments, among other things, if there is no reason for the request or if the Employee repeatedly threatens to make unnecessary or improper use of the Second Opinion.

4.2. If the Occupational Physician engages the SeCoBa for a Second Opinion, the implementation of the advice or opinion of the Occupational Physician that is the subject of the Second Opinion will not be suspended until the Occupational Physician has informed the Employee in the manner described in 6.4 whether they agree with the Second Opinion, in part or in full. The Occupational Physician will only inform the customer about the Second Opinion if the customer has granted the Second Opinion suspensive effect or wishes to consider the possibility of doing so.

4.3. For the purpose of the Second Opinion, the Occupational Physician will formulate the question put to the SeCoBa as clearly as possible.

4.4. The Occupational Physician will provide the SeCoBa with all information relevant to the consultation and necessary - with regard to the medical data -, within 2 days, unless the Employee objects to this.

4.5. The SeCoBa will verify the question for the Second Opinion with the Employee and may decide to collect additional information before drafting their Second Opinion.  

5.   SeCoBa Opinion

5.1. The SeCoBa will express their Second Opinion as a separate written opinion, without responding to the opinion of the Occupational Physician that is the subject of the Second Opinion.

5.2. SeCoBa will discuss its Second Opinion with the Employee, checking whether the Employee has understood the results of the Second Opinion and giving the Employee at least two days to make a decision about the provision of the Second Opinion to the Occupational Physician.

5.3. At the latest at the end of the reflection period, the Employee will inform the SeCoBa whether the Second Opinion can be made available. If the Employee has understood the results of the Second Opinion and the Employee gives explicit permission for the Second Opinion to be made available to the Occupational Physician, the SeCoBa will immediately make the Second Opinion available to the Occupational Physician.

5.4. The SeCoBa informs the Occupational Physician immediately after the reflection period about the lack of consent.

5.5. Within 5 days of receipt of the Second Opinion, the Occupational Physician will inform the employee whether or not they will adopt the Second Opinion, in part or in full.

5.6. If the Occupational Physician partially adopts the Second Opinion, they will explicitly state which part of the Opinion it concerns. 

5.7. The Occupational Physician may take into consideration in their own opinion a Second Opinion from an occupational physician engaged by the Employee without the consent of the customer and of which the Occupational Physician has taken note. If the Occupational Physician partially adopts the Second Opinion, they will explicitly state to the Employee which part of the Opinion it concerns.

6.   Support after the Second Opinion

6.1. If further support is applicable, the Employee support will be resumed by the Occupational Physician.

6.2. If the Employee is of the opinion that the Occupational Physician does not take the Second Opinion into sufficient consideration and further support by the Occupational Physician is undesirable for that reason, they will inform the Occupational Physician, but not after the Occupational Physician has been provided with the Second Opinion and the Employee has given the Occupational Physician the opportunity to explain their vision on the Second Opinion to the Employee.

6.3. If the Employee informs the Occupational Physician about the undesirability of further support by the Occupational Physician as referred to in 6.2, the Occupational Physician will consider transferring further support to another occupational physician, taking into account the results of the Second Opinion. 

6.4. If the Occupational Physician is of the opinion that the transfer of the support of the Employee to another Occupational Physician is not appropriate, they will inform the Employee in writing and with reasons within 2 days. If the Occupational Physician transfers the support, the Occupational Physician will inform the Employee which other occupational physician will resume the support.

6.5. The Occupational Physician will notify our customer of the Occupational Physician's decision within 2 days of their decision. 

7.   Fees 

The customer will bear the fees of a Second Opinion.