For the first time in thirteen years, the social partners have agreed to sign a national inter-professional agreement (ANI) on occupational health. The final text is expected to be approved by January 8, 2021.
The discussions lasted nearly six months and required more than ten meetings. Initiated on June 15, 2020, negotiations on occupational health were concluded on the night of Wednesday 9 to Thursday 10 December. The social partners agreed to sign a national inter-professional agreement (ANI) on health at work, after the CFDT, FO and CFE-CGC, gave their favorable opinion. It is the first text on occupational health for thirteen years.
Prevention, liability and risks
“This agreement is innovative with prevention as a backbone, it will count in the history of occupational health”, said Diane Deperrois, head of negotiators for the Medef. The CFE-CGC has given its agreement “as a negotiator”, leaving it to its confederal authorities to validate it. The CFTC reserved itself while the CGT gave an unfavorable opinion. According to the latter, the text confirms “further setbacks in health and safety”.
One of the main measures of this agreement is primary prevention, that is to say the concrete actions implemented in companies to fight professional risks upstream. The single occupational risk assessment document (DUERP) remains the essential tool in this specific context. The other major measure relates to the responsibility of the employer who has the obligation to implement the means to protect the health and safety of his employees. Otherwise, its civil and criminal liability may be incurred.
A bill simultaneously defended in the Assembly
The third and last main item concerns occupational risks. The so-called risks are listed “classics” : physical, chemical, biological, accident, linked to the constraints of work situations. Occupational wear and tear, emerging risks (new technologies, nanoparticles, which are the subject of research to assess their dangerousness), musculoskeletal disorders (MSDs). In terms of chemical risk, the agreement notably defends better traceability in order to assess the multiple exposure of employees and “spot” those requiring post-professional follow-up.
Stakeholders now have until January 8, 2021 to formally sign the text. At the same time as this ANI, a bill, carried by the deputy LREM Charlotte Lecocq, could be tabled in the Assembly by the end of the year.
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