The evolution of the "pénibilité" system

We invite you to take a look at the latest developments in the "pénibilité" system.

Thresholds for arduous work and arduous work prevention sheets

As part of the development of the "pénibilité" system, concerning the thresholds of "pénibilité" and the exposure prevention sheets, articles D. 4161-1 to 4 of the French Labor Code define :

1. Occupational risk factors and associated exposure thresholds above which an exposure prevention sheet must be drawn up for each worker concerned
2. Criteria for assessing exposure to hardship factors
3. Procedures for drawing up, updating and distributing exposure prevention sheets

Pain factors and thresholds

The 10 hardship factors already applied since 2012 remain unchanged in the new hardship scheme.

The main change in relation to the previous "pénibilité" system applicable since February 2012 is that these factors are now associated with regulatory thresholds based on a minimum intensity AND duration. Until now, the thresholds used to identify workstations and work situations involving exposure to hardship factors were left to the discretion of each employer.

For severe physical constraints :

Occupational risk factors	Thresholds
Occupational risk factors	Action or situation	Minimum current	Minimum duration
a) Manual handling of loads as defined in article R. 4541-2	Lift or carry	15-kilogram unit load	600 hours per year
	Push or pull	250-kilogram unit load	600 hours per year
	Moving the worker with the load or picking up the load from the ground or from a height above the shoulders	10-kilogram unit load	600 hours per year
	Cumulative handling of loads	7.5 cumulative tonnes per day	120 days a year
b) Awkward postures defined as forced joint positions	Holding arms in the air at a height above the shoulders, or squatting or kneeling, or twisting the torso at 30 degrees, or bending the torso at 45 degrees.		900 hours per year
c) Mechanical vibrations mentioned in article R. 4441-1	Vibrations transmitted to hands and arms	Exposure value based on an 8-hour reference period of 2.5 m/s².	450 hours per year
c) Mechanical vibrations mentioned in article R. 4441-1	Vibrations transmitted to the whole body	Exposure value based on an 8-hour reference period of 0.5 m/s².	450 hours per year

Aggressive physical environment :

Occupational risk factors	Thresholds
	Action or situation	Minimum current	Minimum duration
a) Hazardous chemical agents (HCAs) mentioned in articles R. 4412-3 and R. 4412-60, including dusts and fumes	Exposure to a hazardous chemical agent falling within one or more of the hazard classes or categories defined in Annex I to Regulation (EC) No. 1272/2008 and listed in a decree issued by the Minister of Labor.	The threshold is determined, for each hazardous chemical agent, by application of an evaluation grid taking into account the type of penetration, the emission or contact class of the chemical agent concerned, the use or manufacturing process, the collective or individual protection measures implemented and the duration of exposure, which is defined by order of the Minister of Labor and the Minister of Health.
b) Activities performed in hyperbaric environments as defined in article R. 4461-1	Interventions or work	1,200 hectopascals	60 jobs per year
c) Extreme temperatures	Temperature less than or equal to 5 °C or at least equal to 30 °C		900 hours per year
d) Noise mentioned in article R. 4431-1	Noise exposure level over an eight-hour reference period of at least 80 decibels (A)		600 hours per year
	Exposure to a peak sound pressure level of at least 135 decibels (C)		120 times a year

For certain work patterns :

Occupational risk factors	Thresholds
	Action or situation	Minimum current	Minimum duration
a) Night work under the conditions laid down in articles L. 3122-29 to L. 3122-31	One hour's work between midnight and 5 a.m.		120 nights a year
b) Alternating shifts	Successive alternating shifts involving at least one hour of work between midnight and 5 a.m.		50 nights a year
c) Repetitive work characterized by the repetition of the same gesture, at a constrained rate, imposed or not by the automatic movement of a part or by piecework payment, with a defined cycle time.	Cycle time less than or equal to 1 minute		900 hours per year
	30 or more technical actions per minute with a cycle time exceeding 1 minute

In the case of exposure to ACDs, the threshold is determined by applying an assessment grid defined by ministerial decree (the publication of which is awaited at the time of writing), taking into account :

type of penetration
the emission or contact class of the ACD
use or manufacturing process
collective or individual protection measures implemented
duration of exposure

REMINDER: The thresholds thus set are also used to calculate the proportion of employees exposed to arduous working conditions, in order to determine which entities are obliged to negotiate a collective agreement or draw up an action plan to prevent arduous working conditions.

As a reminder, only private companies, public industrial and commercial establishments (EPIC) and public administrative establishments (EPA) employing private-sector staff and with a minimum workforce of 50 are potentially covered by this obligation.

Similarly, a specific contribution is payable by employers for any employee exposed above these thresholds.

Criteria for assessing workers' exposure to risk factors

Each worker's exposure must be assessed by the employer on the basis of the usual working conditions characterizing the position occupied, assessed as an average over the year. To do this, the employer can rely on :

on collective data, in particular through the identification and assessment of typical exposure situations, provided that these collective data are recorded in an appendix to the Single Document;
risk assessment support documents, in particular industry-specific guidelines, the list of which is to be drawn up by ministerial decree.

Another important new feature is the inclusion of collective AND individual protection measures in the assessment of exposure to the risk thresholds.

Until now, companies were instructed not to take personal protection into account.

In particular, taking personal protection into account can have an impact on the assessment of noise and ACD factors.

Finally, when the minimum duration of exposure is calculated in terms of hours per year, the threshold is exceeded by adding together the durations during which each of the actions takes place, or during which each of the actions is recorded.

Exposure prevention sheets

An exposure prevention sheet, listing the factors to which the employee is exposed, must be drawn up for any worker exposed to one or more risk factors in excess of the set thresholds.

What's new: this form now serves as the basis for allocating points on the personal account for the prevention of arduous work. The data thus formalized must be submitted to the Caisse Nationale d'Assurance Vieillesse des travailleurs salariés (CNAVTS), which is responsible for managing the account. This will be done as part of the annual declaration of social data (DADS).

In practice, the employer must draw up the exposure prevention sheet and send it to the worker at the end of each year, and no later than January 31 of the following year. For workers whose contracts end during the calendar year, the form must be sent no later than the last day of the month following the end of the contract.

A copy of the form is also given to the worker in the event of sick leave:

of at least 30 days if the stoppage is due to an accident at work or an occupational disease
at least 3 months in all other cases

In addition, the sheets must be kept available for the personnel concerned at all times.

Lastly, the employer must keep the records for 5 years after the year in question (e.g.: a record drawn up in 2015 must be kept until the end of 2020).

Changes to the "pénibilité" system

An instruction published on March 13 provides details on the conditions for implementing the approach to preventing arduous work for 2015.

‍