Occupational Health Law: 5 key takeaways

The occupational health law, in effect since March 2022, strengthens prevention, modernizes services, and introduces new measures to protect employees.

Laëtitia Evrard
Consultante HSE
Publication : 
29.11.2021
Table of Contents
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🔎 Key takeaways

  • Modernizing occupational medicine: Former occupational health services are now Prevention and Occupational Health Services (SPST), relying on a strict certification process and a network of community physicians to optimize on-site monitoring.
  • Overhaul of the Single Risk Assessment Document (DUERP): Risk assessment now incorporates a more collaborative approach (involving the Social and Economic Committee and safety officers) and imposes major new obligations, such as a precise schedule for organizations with over 50 employees and a minimum 40-year record retention period.
  • Prioritizing skills and the prevention passport: The law strengthens the right to health and safety training for Social and Economic Committee members (5 days initially) and designated competent employees, while tracking all these qualifications in a dedicated "prevention passport."
  • Anticipating professional disengagement: The legislation introduces innovative measures, including a liaison meeting and a mandatory mid-career medical check-up at age 45, while streamlining ongoing monitoring through the digitization of the Occupational Health Medical Record (DMST).

    • Please note: This article concerns French legislation. The requirements described may not apply in other countries.

    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 bridge the gap between public health and occupational health. Unless otherwise stated, the effective date of this law is March 31, 2022.

    1 – Prevention and Occupational Health Service

    First, occupational health services have been renamed Prevention and Occupational Health Services (SPST).

    Inter-company Prevention and Occupational Health Services : Inter-company prevention and occupational health services can now rely on a network of corresponding practitioners from among volunteer community physicians to conduct some information and prevention visits. Inter-company prevention and occupational health services are subject to a certification procedure, carried out by an independent body, aimed at assessing the following based on established standards:

    • The quality and effectiveness of services provided as part of the mandatory core service package;
    • Service organization and continuity, actual activity, and procedures followed;
    • Financial management, pricing, and its evolution;
    • Compliance with personal data processing.

    From the date the decree regarding the certification specifications is published, inter-company prevention and occupational health services have a 2-year period to obtain their certification.

    Occupational physician : It is specified that the occupational physician must dedicate one-third of their working time to on-site workplace duties.

    Occupational health nurse : A new section has been added regarding occupational health nurses, specifically concerning their training and ensuring that the tasks assigned to them align with their additional qualifications, incorporating existing regulatory provisions.

    • An occupational health nurse recruited by a prevention and occupational health service must hold a state diploma or possess unrestricted authorization to practice, in accordance with the conditions set forth by the Public Health Code.
    • They must have specific training in occupational health. If the nurse has not completed such training, the employer must enroll them within twelve months of their recruitment, or before the end of their contract if it is for a duration of less than twelve months. In this case, the employer covers the cost of the training. The employer is encouraged to support the continuing education of the occupational health nurses they hire.

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    2 - Changes to the procedures for conducting professional risk assessments

    The law provides for contributions from:

    • The Social and Economic Committee (CSE) and its Health, Safety and Working Conditions Commission (CSSCT), where applicable, to the analysis of risks within the company.
    • The prevention and occupational health service to the risk assessment process,
    • Employee(s) designated by the employer to manage the company's professional risk protection and prevention activities (HSE or QSE managers/coordinators, etc.).

    The employer may also request the assistance of professional risk prevention specialists (IPRP) from the inter-company occupational health service, or prevention services from social security funds with the support of the INRS, OPBTP, or ANACT.

    • For companies with more than 50 employees: the annual prevention program, derived from theprofessional risk assessment must now include:
      • identification of the company resources that can be mobilized;
      • an implementation schedule.
    • For companies with fewer than 50 employees: it is specified that the list of prevention and protection actions may be recorded in the single professional risk assessment document (DUERP) and its updates. This list must be presented to the CSE.
    • A retention period for the DUERP and its versions has been defined: a minimum of 40 years.
    • The DUERP and its updates must be filed electronically on a digital portal deployed and administered by an organization managed by representative national and interprofessional employer associations. This portal ensures the storage and availability of the document while maintaining the confidentiality of the data contained within the single document and restricting access. The requirement for electronic filing of the DUERP applies:
      • As of July 1, 2023, for companies with 150 or more employees;
      • Starting on dates set by decree, based on company size, and no later than July 1, 2024, 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 must last a minimum of 5 days during their first term of office.
      In the event of a renewal of this term, the minimum training duration is:
      • 3 days for each member of the staff delegation, regardless of company size;
      • 5 days for members of the health, safety, and working conditions committee in companies with at least 300 employees.

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

    These health, safety, and working conditions training sessions may be covered by a skills operator (OPCO).

    • Training for individuals designated to assist the employer with occupational health and safety management: The law mandates training for employees designated to handle occupational risk prevention activities within the company.
    • Prevention passport: The law provides for the creation of a prevention passport. Consequently, all training courses completed by the worker relating to safety and occupational risk prevention, including mandatory training, as well as any certificates, diplomas, or attestations obtained in this context, are recorded in their prevention passport.
      The implementation procedures for the prevention passport and its availability to the employer are determined by decree, effective no later than October 1, 2022.

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    4- Preventing the risk of professional disinsertion

    Remote consultation or interview: Unless a physical examination is required, the doctor may conduct the medical visit remotely after obtaining the worker's consent.

    Monitoring worker health: In cases of multiple employers, health monitoring for workers in identical roles is shared according to procedures defined by decree.

    Creation of a mid-career medical examination: Workers must be examined at age 45, or at a time defined by their industry, to assess the alignment between their job and their health status, and to better anticipate the prevention of professional disinsertion.

    • This medical examination may be brought forward and organized in conjunction with another medical visit if the worker is due to be examined by the occupational physician two years before the scheduled date.
    • A decree is expected regarding the implementation procedures.

    Enhanced individual monitoring after exposure ceases: Workers who are or have been subject to enhanced individual monitoring during their career will be examined by the occupational physician as soon as possible after their exposure to specific health or safety risks ends, or, if applicable, before they retire.

    Medical monitoring for self-employed workers and business owners: Self-employed workers and non-salaried business owners may be monitored by occupational health and prevention services through a specific service offering focused on prevention, individual monitoring, and the prevention of professional disinsertion. They benefit from a dedicated service package covering occupational risk prevention, individual monitoring, and the prevention of professional disinsertion.

    Medical monitoring for temporary workers: Temporary workers may be monitored by the occupational health and prevention service of the user company. An agreement is signed between the parties in such cases.

    Liaison and information meeting: The law provides for a liaison meeting between the employee and the employer, involving the occupational health and prevention service. This meeting is organized at the initiative of either the employer or the worker when the duration of the employee's absence due to illness or accident exceeds a period set by decree.

    • The purpose of this meeting is to inform the employee about actions to prevent professional disinsertion, the pre-return-to-work examination they may be eligible for, and potential adjustments to their workstation and working hours.
    • The employer must inform the employee that they may request this meeting. No negative consequences may result from an employee's refusal to attend.

    Pre-return-to-work examination: In the event of an absence from work due to illness or injury lasting longer than a period set by decree, the employee may benefit from a pre-return-to-work examination by the occupational physician. This examination is primarily used to assess the implementation of individual accommodations, provided the employee's return to their position is anticipated.

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    5 – Medical record

    The law introduces changes to the occupational health medical record (DMST). It is accessible to physicians and healthcare professionals in charge of diagnosis and care who are involved in the treatment of the DMST holder. The DMST follows the employee throughout their professional career.

    It is also planned that the shared medical record (DMP) will include an occupational health section, which the occupational physician will be able to access. The employee may object to the occupational physician in charge of their health status accessing their shared medical record. If they do so, this choice does not constitute misconduct and cannot be used as a basis for a declaration of unfitness. The creation of this occupational health section within the DMP will come into effect no later than January 1, 2024.

    We must wait for the implementing decrees to be published before this law can be put into effect.

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    Reform pillar Key changes and obligations Points of attention for companies
    Transformation of health services (SPST) • Renamed to Occupational Health and Prevention Services.
    • Use of associated local physicians to carry out simple check-ups.
    • Rollout of a mandatory certification process for inter-company services within 2 years.     		The occupational physician must devote one-third of their time to direct action in the workplace.
    Risk assessment (DUERP) • Mandatory input from the CSE, internal prevention officers (HSE) or external IPRPs.
    • Over 50 employees: Mandatory addition of the resources deployed and an implementation timeline to the annual programme.
    • Minimum 40-year retention requirement for all versions of the DUERP.     		Mandatory digital filing of the DUERP on a national online portal (deadlines vary by workforce size).
    Training & Prevention Passport • CSE health, safety and working conditions (SSCT) training set at a minimum of 5 days for the first term (renewal: minimum 3 days).
    • Mandatory training for all employees designated as safety officers.
    • Centralisation of all safety certificates, diplomas and qualifications in the Prevention Passport.     		The employer must cover the mandatory occupational health training for newly recruited nurses.
    Work disability prevention & Follow-up • Introduction of a mandatory mid-career medical check-up at age 45.
    • Creation of a liaison meeting between employer and employee for long-term sick leave.
    • Extension of prevention services to self-employed workers and non-salaried business owners.     		An employee's refusal to take part in the liaison meeting can under no circumstances be treated as misconduct.

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    Photo credit: National Cancer Institute