Published on :
15/07/2022
15
July
jul.
07
2022
La sécurité au travail reste un objectif privilégié pour le législateur face aux défis humains et économiques que représentent les accidents du travail et les maladies professionnelles.
655 715 work accident were counted and 49,505 professional diseases were recognized in 2019. Musculoskeletal disorders remain the cause of 87% of occupational diseases (AMELI figures).
On March 31, 2022, most of the measures resulting from the Law No. 2021-1018 of August 2, 2021 aimed at strengthening occupational health prevention.
Too busy with the health crisis, this reform could have escaped some companies.
However, several new and important points should be noted.
I/ Occupational risk prevention section
1.1. Single Occupational Risk Assessment Document (DUERP)
The design and updates of the DUERP are now part of a collaborative work that notably associates the elected representatives of the CSE.
a/ A necessary update:
– At least every year in companies with at least 11 employees (the annual update obligation is removed for companies with less than 11 employees),
– During any major development decision modifying health, safety or working conditions,
– When a additional information is brought to the attention of the employer,
b/ PAPRIPACT- reinforced content:
New obligation in companies with at least 50 employees to establish during each update the annual program for the prevention of occupational risks with reinforced obligations
c/ Storage and availability:
– Conservation of the DUERP and its previous versions during 40 ans from their development
– DUERP made available to workers and former workers for the versions in force during their period of activity.
Provisions applicable to the versions of the DUERP in force on 31 mars 2022 or after that date.
d/ Dematerialized filing:
– Starting the July 1, 2023 for companies whose workforce is > or = to 150 employees
– No later than July 1, 2024 for companies whose workforce is < à 150 salariés
1.2. CSE “Health” training
Training in health, safety and working conditions is encouraged by the legislator.
The members of the CSE and the referent “sexual harassment and sexist acts” benefit from the training necessary for the exercise of their missions in terms of health, safety and working conditions. The minimum duration is 5 days during the first mandate of the elected members of the CSE.
In principle, the financing of the training is borne by the employer. The “health at work” law allows OPCOs to cover the training costs incurred by companies with fewer than 50 employees.
And prevention passport is created for all employees. It lists all the training courses relating to health and safety at work that they have followed and lists the certificates and diplomas obtained once they have been provided.
1.3. Collective bargaining (or QVTC…)
The quality of working conditions is becoming a new topic for collective bargaining. Despite the ambiguity of the texts, this subject of negotiation is optional for us. However, companies are encouraged to take up this subject to deal in particular with the impact of digitalisation, teleworking, etc. on working conditions and the organization of work within them.
II/ Medical monitoring of employees
Le medical monitoring of employees is also subject to development.
Emphasis is placed on prevention, in particular by creating new opportunities for employees to meet the occupational physician and by organizing tools to fight against the risk of occupational disintegration.
2.1. Recovery medical visits
For the work stoppages resulting from a non-occupational accident or illness and beginning after March 31, 2022, only an absence of at least 60 days (instead of 30 days previously) imposes the organization of a recovery medical visit.
As a reminder, the return visit remains mandatory after:
– maternity leave,
– an absence due to occupational disease, whatever the duration,
– an absence of at least 30 days due to an accident at work.
2.2. Pre-recovery visits
For beginner work stoppages after March 31, 2022the pre-recovery visit can be organized for the benefit of workers absent for more than 30 daysrs, instead of 3 months previously.
The organization of the pre-recovery visit can be initiated by the employee, his attending physician or the medical services of the health insurance. Since March 31, 2022, the initiative to organize a pre-return medical examination may also be taken by the occupational physician when the employee’s return to his post is anticipated.
2.3. Mid-career visits
A mid-career visit:
– must be organized on a date determined by branch agreement or, failing that, during the calendar year of the worker’s 45th birthday;
– can be anticipated and organized jointly with another medical examination when the worker must be examined by the occupational physician within the two years preceding the expiry date (45th birthday).
Goals :
– draw up an inventory of the adequacy between the workstation and the worker’s state of health, to date, taking into account exposure to occupational risk factors to which he has been subjected
– assess the risks of professional disintegrationtaking into account the evolution of the worker’s capacities according to his professional career, his age and his state of health
– raise workers’ awareness of the challenges of aging at work and the prevention of occupational risks.
Following this visit, the occupational physician may propose, in writing and after discussing with the worker and the employer, individual planning measurest, adaptation or transformation of the workstation or work time arrangements.
2.4 A liaison appointment
Even before a pre-recovery visit is considered, the law seeks to maintain the links between the employer and the employee on long-term temporary incapacity for work.
Thus, when the stoppage exceeds a period of 30 days, the employer must now invite the employee while the contract is still suspended to a “liaison meeting” which is not required to follow up. .
The employer informs the employee that he can benefit from “actions to prevent professional withdrawal, the pre-recovery examination with the occupational doctor and measures to adapt the position and working time.
2.5. Occupational post-exposure surveillance
The post-exposure medical examination was initially organized before their retirement (established by law n°2018-207 of March 29, 2018, which entered into force on October 1, 2021).
Since March 31, 2022the post-exposure medical examination is organized as soon as possible after the cessation of employee exposure to particular risks to their health or safety, or, where applicable, before their retirement.
The particular risks are those mentioned in article R. 4624-23, I of the labor code: exposure to asbestos, lead, carcinogenic or biological agents, ionizing radiation, hyperbaric risk, risk of falling, etc
III/ Other aspects
Occupational health services changed their name to “occupational health prevention service”.
The health law contributes to increasing the role, alongside the occupational doctor, of doctors who do not have this quality, but also of medical personnel other than doctors.
The new legal provisions make it possible to sanction any harassment resulting from remarks or behavior with a sexual or sexist connotation.
This article engages only its author.
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