Occupational health law: 5 points to remember

The Occupational Health Act, in force since March 2022, strengthens prevention, modernizes services and introduces new measures to protect employees.

Laëtitia Evrard
EHS Consultant
Update : 
12.09.2025
Publication: 
29.11.2021
Contents
Example H2
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Law no. 2021-1018 of August 2, 2021, known as the "occupational health law", aims to strengthen occupational health prevention, modernize prevention and occupational health services, and decompartmentalize public health and occupational health. Unless otherwise specified, the law comes into force on March 31, 2022.

1 - Occupational health and safety department

  • First of all, occupational health services are renamed and become occupational health and prevention services (SPST).
  • Inter-company prevention and occupational health services: From now on, inter-company prevention and occupational health services can rely on a network of corresponding practitioners from among volunteer general practitioners to carry out part of the information and prevention visits. The inter-company occupational health and prevention services are subject to a certification procedure, carried out by an independent body, with the aim of assessing the following against a set of standards:
      • The quality and effectiveness of services rendered as part of the compulsory service base package;
      • Service organization and continuity, actual activity, procedures followed ;
      • Financial management, pricing and its evolution ;
      • Compliance of personal data processing.
  • Once the decree on certification specifications has been published, inter-company occupational health and prevention services have 2 years to obtain certification.
  • Occupational physician: Occupational physicians devote one-third of their working time to their work in the workplace.
  • Occupational health nurses: A section has been added concerning occupational health nurses, in particular their training and the match between the tasks entrusted to them and their additional qualifications, which reproduces existing provisions in the regulatory section.

Occupational health nurses recruited to a prevention and occupational health service are either state-qualified or authorized to practice without restriction, under the conditions laid down in the Public Health Code.

He/she has received specific training in occupational health. If the nurse has not received occupational health training, the employer must enroll him or her in such training within twelve months of recruitment and, in the case of contracts lasting less than twelve months, before the end of the contract. In this case, the employer covers the cost of the training. Employers are encouraged to provide ongoing training for the occupational health nurses they recruit.

2 Changes in the wayoccupational risk assessment is carried out

  • The law provides for a contribution from :
    • Comité Social et Economique (CSE) and its Commission Santé, Sécurité et Conditions de Travail (CSSCT), where applicable, to analyze risks within the company.
    • Occupational health and safety service for risk assessment,
    • Employee(s) designated by the employer to take charge of the company's occupational risk protection and prevention activities ( EHS managers/leaders, QSE, etc.).

Employers can also enlist the help of occupational risk prevention specialists (IPRP) from the inter-company occupational health service, or the prevention departments of social security funds, with support from INRS, OPBTP and ANACT.

    • For companies with more than 50 employees: the annual prevention program, based on the assessment of occupational risks, must now be completed with :
      • identification of company resources that can be mobilized;
      • an implementation schedule.
  • For companies with fewer than 50 employees: the list of preventive and protective actions can be recorded in the DUERP (document unique d'évaluation des risques professionnels) and its updates. This list must be presented to the CSE.
  • The DUERP and its versions must be kept for a minimum of 40 years.
  • The DUERP and its updates are filed electronically on a digital portal deployed and administered by a body managed by representative employers' professional organizations at national and inter-professional level. This portal guarantees that the data contained in the single document is stored and made available, while maintaining confidentiality and restricting access. The obligation to file the DUER electronically applies to :
      • July 1, 2023 for companies with 150 or more employees;
      • From dates set by decree, depending on the number of employees, and by July 1, 2024 at the latest for companies with fewer than 150 employees.

3- Training and creation of a prevention passport

  • CSE training : Their training in health, safety and working conditions lasts a minimum of 5 days during their first term of office.
    In the event of renewal of this mandate, the training is of a minimum duration :
    • 3 days for each member of the staff delegation, whatever the size of the company;
    • 5 days for members of the health, safety and working conditions committee in companies with at least 300 employees.

Note: previously, only the minimum duration of training for members was fixed (5 days in companies with at least 300 employees and 3 days in companies with fewer than 300 employees).

These training courses in health, safety and working conditions can be paid for by a skills operator (OPCO).

  • Training of persons designated to assist the employer in managing occupational health and safety: the law makes it compulsory to train employees who are competent to deal with occupational risk prevention activities within the company.

  • Prevention passport: The law provides for the creation of a prevention passport. The prevention passport will record all training courses attended by the employee in the field of safety and occupational risk prevention, including mandatory training, as well as any certificates or diplomas obtained in this context.
    The procedures for implementing the prevention passport and making it available to the employer will be determined by decree, and will come into force no later than October 1, 2022.

4- Preventing the risk of losing one's job

  • Remote consultation or interview: Except in cases where a visit requires a physical examination, the doctor can carry out the medical visit remotely after obtaining the worker's consent.
  • Employee health monitoring: Where there is more than one employer, the health monitoring of employees in identical jobs is pooled according to procedures defined by decree.
  • Creation of a mid-career medical check-up: Workers will be required to undergo a medical check-up at age 45, or at a later date defined by the industry, in order to assess the suitability of the job for the employee's state of health, and to take a more proactive approach to the prevention of loss of employment.
    This medical check-up can be brought forward and organized in conjunction with another medical check-up when the worker is due to be examined by the occupational physician two years before the due date.
    A decree is awaited to set out the implementing procedures.
  • Reinforced individual monitoring after cessation of exposure: Workers benefiting from reinforced individual monitoring, or who have benefited from such monitoring during their working career, are examined by the occupational physician during a medical check-up, as soon as possible after cessation of their exposure to particular risks to their health or safety or, where applicable, before their retirement.
  • Medical follow-up for self-employed workers and company directors: Self-employed workers and company directors can be followed up by occupational health and prevention services, as part of a specific range of services for prevention, individual follow-up and prevention of professional exclusion.
  • They benefit from a specific range of services in terms of occupational risk prevention, individual follow-up and prevention of professional exclusion.
  • Medical monitoring of temporary employees: Temporary employees may be monitored by the user company's occupational health and prevention department. An agreement is then signed between the parties.
  • Liaison and information meeting: The law provides for the organization of a liaison meeting between the employee and the employer, involving the occupational health and prevention service. This meeting is organized at the initiative of the employer or the employee when the employee's absence from work due to incapacity resulting from illness or accident exceeds a period set by decree.
  • The purpose of this meeting is to inform the employee of the measures that can be taken to prevent him or her from losing his or her job, the pre-reinstatement examination from which he or she can benefit, and the measures that can be taken to adapt his or her workstation and working hours.
  • The employer must inform the employee that he or she may request this appointment. No consequences may be drawn from the employee's refusal to attend.
  • Pre-resumption examination: In the event of absence from work due to incapacity resulting from illness or accident lasting longer than a period set by decree, the employee may undergo a pre-resumption examination by the occupational physician.
    The pre-resumption examination enables the implementation of individual adaptation measures to be studied, provided that the employee's return to work is anticipated.

5 - Medical file

The law introduces changes to the occupational health medical record (DMST). It is accessible to doctors and healthcare professionals in charge of diagnosis and care, who are involved in the care of the DMST holder. The DMST follows the worker throughout his or her professional career.

It is also planned that the shared medical file (DMP ) will include an occupational health section, to which the occupational physician will have access. Employees may object to the occupational physician responsible for their health having access to their shared medical file. In such cases, this choice does not constitute a fault, and cannot be used as a basis for an opinion of unfitness. The occupational health component of the DMP will come into effect no later than January 1, 2024.

We need to wait for the application decrees to be published before implementing this law.

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Photo credit: National Cancer Institute