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Overall, any private sector employee exposed, after application of the arduousness prevention scheme and collective and individual protection measures, to at least one arduousness factor beyond the exposure thresholds set by Article D. 4161-2 of the Labour Code, is eligible for the opening of a personal arduousness prevention account.
To provide context, we invite you to read the previous articles on this subject before discussing the anticipated clarifications:
- thescheme's evolution of arduousness (the factors, thresholds, evaluation, and forms);
- agreements for the prevention of arduousness (implementation, content, duration, etc.);
- the arduousness account (account opening and funding, point usage, etc.).
Clarifications on the application of the arduousness prevention scheme in the form of technical sheets
We will provide explanations here for certain sheets, specifically those that address the most common questions regarding the application of the arduousness prevention scheme.
- Sheet No. 1 - Arduousness account opening, employer declarations, and contribution payment
This sheet outlines the conditions for declaring exposures and for declaring and paying contributions.
It is specified that, to facilitate the scheme's entry into force, for contracts ending during 2015, employers may complete the relevant exposure prevention form until January 31, 2016, instead of by the last day of the month following the contract end date.
- Sheet No. 2 - Scope of the obligation to establish an individual prevention form and the benefits of the personal arduousness prevention account
This sheet reiterates that employers must complete an exposure form for all workers exposed beyond the defined thresholds and holding an employment contract of 1 month or more, whether they are permanent employees (CDI), fixed-term employees (CDD), temporary workers, placed under their authority in any capacity, or posted workers in France.
- Fact Sheet No. 3 - Exposure thresholds for the 4 arduousness factors effective January 1, 2015
This fact sheet provides details regarding the thresholds to be considered for each of the four arduousness factors applicable since January 1, 2015, specifically:
- For the "Night Work" factor, it is specified that a worker is considered exposed if they work at least one continuous or discontinuous hour, between midnight and 5 AM, for at least 120 nights per year.
- For the "Repetitive Work" factor, two work situations are distinguished: repetitiveness over a cycle time greater than 1 min, or less than 1 min; the terms "cycle times", "technical actions", and "gestures" are defined.
Sector-specific guidelines or "how-to guides" will complement it by defining appropriate methods for identifying exposures, in relation to the specific context and terminology of each industry sector.
- Fact Sheet No. 4 - Procedures for establishing and communicating exposure prevention records
This technical fact sheet specifies the frequency of establishment and retention of the exposure prevention record, as well as the communication procedures to employees, occupational health services, and the CHSCT.
To facilitate the implementation of the system, for contracts ending during 2015, employers may establish the relevant exposure prevention record until January 31, 2016, instead of no later than the last day of the month following the contract end date.
There is only one record per year, or, in the case of an intra-annual contract, per exposure period.
In the event of a work stoppage of at least thirty days, following a work accident or occupational disease, and at least three months in other cases, the record is given to the employee. This record will be the most recently established one at the time of the request (i.e., the one from the previous year) and not a record specially prepared for the occasion.
Each record is sent 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 must not have access to personal documents and therefore cannot consult individual exposure prevention records.
- Fact Sheet No. 5 - Links between the assessment of individual exposure to arduousness and the overall risk assessment process
- Fact Sheet No. 6 - Reporting procedures for exposure for the year 2015
- Fact Sheet No. 7 - Declaration and payment conditions applicable to contributions related to the personal arduousness prevention account
- Fact Sheet No. 8 - Contribution reporting procedures within the framework of the nominative social declaration (DSN)
- Fact Sheet No. 9 - Employee Point Acquisition Methods