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In general terms, any private-sector employee exposed, after application of the "pénibilité" system and collective and individual protection measures, to at least one "pénibilité" factor in excess of the exposure thresholds set by Article D. 4161-2 of the French Labor Code is entitled to open a personal "pénibilité" prevention account.
To put the subject in context, we invite you to read our previous articles on the subject before discussing the expected clarifications:
- changes to the "pénibilité"system (factors, thresholds, assessment and records);
- agreements to prevent arduous work (implementation, content, duration, etc.);
- the arduous working conditions account (opening and funding of the account, use of points, etc.).
Details of the application of the "pénibilité" system in the form of data sheets
Here we provide explanations for some of the data sheets that answer the most frequently asked questions about the application of the "pénibilité" system.
- Sheet no. 1 - Opening the "compte pénibilité", declarations by the employer and payment of contributions
This sheet sets out the conditions for declaring exposures and for declaring and paying contributions.
It is specified that, in order to facilitate entry into force of the system, for contracts ending during 2015, the employer will be able to draw up the relevant exposure prevention sheet up to January 31, 2016, rather than no later than the last day of the month following the end of the contract.
- Sheet n°2 - Scope of the obligation to draw up an individual prevention sheet and of the benefit of the personal account for the prevention of arduous work
This sheet specifies that employers must draw up an exposure sheet for all workers exposed above the defined thresholds and holding an employment contract lasting 1 month or more, whether they are workers on permanent or fixed-term contracts, temporary workers, workers placed under their authority in any capacity whatsoever, or workers seconded to France.
- Sheet no. 3 - Exposure thresholds for the 4 factors of hardship effective January 1, 2015
This fact sheet provides details of the thresholds to be taken into account for each of the four arduousness factors applicable since January 1, 2015, in particular:
- For the "Night work" factor, it is specified that the worker is considered to be exposed if he works at least one continuous or discontinuous hour, between midnight and 5 a.m., at least 120 nights a year.
- For the "Repetitive work" factor, two work situations are distinguished: repetitiveness over a cycle time of more than 1 min, or less than 1 min; the terms "cycle time", "technical actions" and "gestures" are defined.
Industry-specific reference manuals or "instructions for use" will complete the process, defining the appropriate methods for recording exposure in relation to the context and vocabulary specific to each professional sector.
- Sheet No. 4 - Procedures for drawing up and communicating exposure prevention sheets
This data sheet specifies how often the exposure prevention sheet must be drawn up and kept, and how it must be communicated to employees, the occupational health department and the CHSCT.
To facilitate implementation, for contracts ending in 2015, employers will be able to draw up the relevant exposure prevention sheet by January 31, 2016, rather than by the last day of the month following the end of the contract.
There is only one form per year, or in the case of infra-annual contracts, per exposure period.
If the employee is off work for at least 30 days as a result of an accident at work or an occupational illness, or for at least three months in other cases, he or she will be given the form. This form will be the most recent one drawn up at the time of the request (i.e., the one from the previous year), and not one drawn up specially for the occasion.
Each form is forwarded to the occupational physician, for archiving in the medical file.
The CHSCT has access to the single document, the prevention program and the annual report, but does not have access to nominative documents, and therefore cannot consult individual exposure prevention sheets.
- Sheet no. 5 - Links between assessment of individual exposure to hardship and the overall risk assessment process
- Sheet no. 6 - Exposure reporting procedures for 2015
- Sheet no. 7 - Conditions of declaration and payment applicable to contributions linked to the personal account for the prevention of arduous work
- Sheet no. 8 - Declaration of contributions as part of the Déclaration Sociale Nominative (DSN) system
- Sheet no. 9 - Procedures for employee acquisition of points