Preserving health at work: an insufficient law …

A bill on occupational health adopted by the Assembly wants to focus on prevention rather than compensation. It is considered interesting but unsatisfactory by the Handicaps Collective which counts on the senators to improve it.

A bill on occupational health was adopted by the National Assembly on February 17, 2021, made necessary by the reform of the French occupational health system. Even if occupational accidents have decreased and compensation for people victims of occupational diseases has been improved, a significant part of the financial means is still devoted to ” repair “. This text therefore intends to prevent rather than cure. The ” conventional approaches have shown their limits for several years, particularly in the prevention of professional disinsertion of people or the management of people with chronic diseases or long-term illnesses in the workplace “, Note its authors, LREM deputies, who defend a” prevention culture ».

Best if you have a disability, but …

These debates made it possible to take into account a little better the situation of certain ” vulnerable audiences », Especially in a disabled situation. Some amendments were deemed ” interesting »By the Collectif handicaps, which brings together some fifty associations. This concerns: the collaboration of the actors of the employment of workers with disabilities in the unit for the prevention of professional withdrawal or the strengthening of the role of the disability referent on prevention issues. But this collective also deplores other measures too ” symbolic “, For example the proposal to include the term” handicap ”In the title of one of the chapters of the law. ” Such an addition will not be enough to avoid the professional integration of disabled or disabled workers., he regrets. It will take more to stop work every year from breaking down and wearing out workers, who become disabled, receiving only reduced compensation. »

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Points of contention

Other points remain, according to him, “ problematic “. For example, the fact that the occupational physician can have access to the Shared Medical File (DMP), even with the employee’s consent is a ” major concern ” because this ” consent “Must be able to do” informed and unambiguous way », « That’s not the case today », According to the Collective. He also demands that the pre-resumption meeting between the employee and the employer be made ” obligatorily »In the presence of the occupational physician in order to prevent situations of professional withdrawal. The associations are also wondering about “ real utility “Of the mid-career visit at age 45, while other visits exist and we have to deal with a shortage of occupational physicians, also wondering about his” its impact and consequences on workers’ continued professional activity “. As to ” prevention passport “, Which reinforces training in prevention, it does” must in no way become a means for the employer to escape its responsibility for occupational health and, in fact, its obligation to compensate victims “. Finally, the ” assumed refusal of the social partners and parliamentarians to integrate the associations of victims of work in the national committee for prevention in occupational health “Is judged” incomprehensible ».

Appeal to Senators

This bill on Occupational Health therefore remains ” below expectations “Of the Collective because, according to him, it” strengthens employers’ rights in career management ” instead of ” securing the career paths of employees “. It must now be considered by the Senate. The associations are counting on this parliamentary shuttle to improve the text, urging senators to ” free from the agreement of the social partners to be more ambitious “And” do not further weaken the most vulnerable employees “. This law must come into force no later than March 31, 2022.

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