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
Publication: 
29.11.2021
Contents
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🔎 Things to remember

  • Modernization of occupational medicine: The former health services are being transformed into Occupational Health and Prevention Services (SPST), relying on a rigorous certification process and a network of private practitioners to optimize on-site monitoring.
  • Revision of the Single Document (DUERP): The risk assessment incorporates a more collaborative approach (Social and Economic Committee, occupational safety and health representatives) and imposes significant new requirements, such as a specific timeline for organizations with more than 50 employees and a minimum record retention period of 40 years.
  • Priority on Skills and the Prevention Passport: The law strengthens the right to health and safety training for CSE elected representatives (5 days from the outset) as well as for employees designated as competent, while tracking all of these qualifications in a dedicated “prevention passport.”
  • Proactive Approach to Preventing Career Disengagement: The legislation introduces a new mid-career check-in meeting and a mandatory medical examination at age 45, while simplifying monitoring throughout an employee’s career through the digitization of the Occupational Health Medical Record (DMST).

    • 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.

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    1 - Occupational health and safety department

    First of all, occupational health services are renamed and become occupational health and prevention services (SPST).

    Inter-company occupational health and safety services: From now on, inter-company occupational health and safety services can draw on a network of participating practitioners—comprising volunteer private practitioners—to conduct some of the informational and preventive visits. Inter-company occupational health and safety services are subject to a certification process conducted by an independent body, which aims to evaluate them against established standards regarding:

    • 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.

    As of the publication of the decree establishing the certification requirements, inter-company occupational health and safety services have two years to obtain certification.

    Occupational Physician: It is specified that the occupational physician devotes one-third of his or her working time to duties performed in the workplace.

    Occupational Health Nurses: A section has been added regarding occupational health nurses, specifically their training and the alignment between the tasks assigned to them and their additional qualifications; this section incorporates existing provisions from 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.

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    2 - Changes in the Procedures for Conducting Occupational Risk Assessments

    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, established by theoccupational risk assessment must now be supplemented 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 submitted electronically via a digital portal deployed and administered by an organization managed by representative professional employer organizations at the national and cross-industry levels. This portal ensures the preservation and availability of the data contained in the single document while maintaining its confidentiality and restricting access. The requirement to file the DUER electronically applies:
      • 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.

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    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. Thus, all training courses completed by the employee related to safety and the prevention of occupational risks—including mandatory training—as well as the certificates, diplomas, and other credentials obtained in this context, are listed in the employee’s prevention passport.
      The procedures for implementing the prevention passport and making it available to the employer are set forth by decree, which will take effect no later than October 1, 2022.

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    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.

    Introduction of a mid-career medical examination: Workers will be required to undergo an examination at age 45, or at a time determined by the industry sector, to assess the compatibility between their job and their health status and to take a more proactive approach to preventing disengagement from the workforce.

    • This medical examination may be brought forward and scheduled in conjunction with another medical visit when the employee is required to be examined by the occupational physician two years before the scheduled date.
    • A decree is expected to outline the implementation details.

    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 Care for Self-Employed Individuals and Business Owners: Self-employed individuals and business owners who are not employees may receive care from occupational health and safety services as part of a specific program offering services related to risk prevention, individual monitoring, and the prevention of loss of employment. They have access to a specific range of services related to occupational risk prevention, individual monitoring, and prevention of occupational disengagement.

    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-return-to-work examination: In the event of an absence from work due to an incapacity resulting from illness or an accident lasting longer than a period specified by decree, the employee is entitled to a pre-return-to-work examination by the occupational physician. The pre-return-to-work examination allows, in particular, for the assessment of the implementation of individual accommodation measures, once the employee’s return to their position is anticipated.

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    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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    A pillar of the reform Key Changes and Requirements Key Considerations for Businesses
    Health Services Transformation (SPST) • Name change to Occupational Health and Safety Services.
    • Use of local physicians to conduct routine medical examinations.
    • Implementation of a mandatory certification procedure for inter-company services within two years.     		The occupational physician must devote one-third of his or her time to direct interventions in the workplace.
    Risk Assessment (DUERP) • Mandatory contribution from the CSE, internal safety and health officers (EHS), or external IPRP consultants.
    • More than 50 employees: Mandatory inclusion of the resources allocated and an implementation schedule in the annual program.
    • Requirement to retain all versions of the DUERP for at least 40 years.     		Mandatory electronic filing of the DUERP on a national digital portal (deadlines based on the number of employees).
    Training & Prevention Passport • SSCT training for the CSE is set at a minimum of 5 days during the first term (renewal: minimum of 3 days).
    • Mandatory training for all employees designated as safety officers.
    • Centralization of all safety certificates, diplomas, and credentials in the Prevention Passport.     		The employer must cover the cost of mandatory occupational health training for newly hired nurses.
    Disengagement from the Workforce & Follow-up • Introduction of a mandatory mid-career medical examination at age 45.
    • Establishment of a liaison meeting between employers and employees for long-term sick leave.
    • Expansion of preventive health services to self-employed workers and non-salaried business owners.     		An employee's refusal to attend the liaison meeting cannot, under any circumstances, constitute misconduct.

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    Photo credit: National Cancer Institute