PAPRIPACT: what do the regulations say?

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Mandatory for companies with 50 or more employees, the annual program for the prevention of occupational risks and the improvement of working conditions (PAPRIPACT) is a cornerstone of workplace risk management. This article covers everything you need to know about its implementation and development!

What is the PAPRIPACT?

The PAPRIPACT is a document that brings together all the risk prevention actions to be implemented in the company over the following year. It is mandatory for organizations with a headcount of 50 employees or more (Article L4121-3-1 of the French Labor Code).

ℹ Please note : This threshold does not apply to the public sector. Therefore, the implementation of the PAPRIPACT is mandatory regardless of the organization's size (source: circular of June 11, 2024).

Formalizing the PAPRIPACT has been mandatory since the Occupational Health Act of August 2, 2021, which aims to strengthen occupational health prevention within companies. Its primary goal is to structure and boost the prevention of occupational risks by requiring companies to implement concrete actions and measure their effectiveness through a continuous improvement process.

What is the link between the PAPRIPACT and the DUERP?

The PAPRIPACT must be documented in a specific file. However, it is closely linked to the Single Occupational Risk Assessment Document (DUERP). Indeed, its content must be based directly on the results of the risk assessment recorded in the DUERP.

The PAPRIPACT and the DUERP therefore constitute two complementary tools for risk prevention :

• the DUERP is used to record the results of physical and psychosocial occupational risk assessments;
• the PAPRIPACT acts as a follow-up to address the issues identified in the DUERP, list the preventive measures to be implemented, and track their effective implementation according to a precisely established schedule.

What does the PAPRIPACT contain?

Regulations specify exactly what must be included in the PAPRIPACT. It must therefore contain (Article L4121-3-1 of the French Labor Code):

• a detailed list of the prevention measures (*) to be taken over the coming year. Each measure must at a minimum be accompanied by its implementation conditions, performance indicators, and a cost estimate;
• identification of the company resources that can be mobilized (responsible persons, potential contributors, etc.);
• an implementation schedule.

(*) including, in particular, measures to prevent the effects of exposure to occupational risk factors (formerly known as hardship factors)

As specified, the PAPRIPACT must be drafted primarily using the information recorded in the DUERP. However, other resources may also be used, such as:

• analyses and feedback reports written following workplace incidents and accidents ;
• observations found in the various occupational health and safety registers (safety register, occupational physician documents, observations and formal notices from the labor inspectorate, workplace accident reports, minor accident logs, etc.).

Regulations do not require employers to follow a specific format for the PAPRIPACT. It is therefore up to them to choose the format best suited to the size of the company, its activities, and its specific health and safety challenges.

Generally, the PAPRIPACT is presented as an Excel file containing a table with one row per action and columns for key information. Here are some examples of items to include:

• the action reference (number) and its title;
• the work unit concerned;
• the identified hazard;
• the occupational risk (chemical risk, road risk, noise risk, etc.);
• the personnel involved;
• a brief description of the situation before the action is implemented;
• the type of measure (technical, organizational, etc.);
• the status of the action (to be addressed, in progress, completed, postponed, etc.);
• the execution conditions;
• the performance indicators;
• the person responsible;
• the estimated completion date for the action;
• the estimated budget allocated to carry out the action.

Examples of preventive actions:  

⚠️ Caution : The choice of preventive actions must strictly adhere to the general principles of risk prevention. Accordingly, collective protection measures must be prioritized over individual protection measures.

If necessary, training and information sessions for workers must be scheduled to ensure the secure and effective implementation of the various preventive measures.

Finally, it is essential to prioritize preventive measures based on the most significant issues to ensure rapid action on the most urgent problems.

How do you develop the PAPRIPACT?

The employer is responsible for developing the PAPRIPACT, just as they are for the DUERP. In practice, drafting it is generally delegated to someone whose role involves regularly handling OSH issues within the company, such as a QSE or HSE manager. Any other relevant person may also be involved in its development (occupational physician, managers, workers, OSH prevention specialists, human resources, etc.).

ℹ Note : Article L4121-3-1 specifies that organizations and bodies established by the industry branch can also support companies in developing the PAPRIPACT. Indeed, OSH challenges can be quite similar from one company to another within the same business sector.

The Social and Economic Committee (CSE) also plays a central role in the development of the PAPRIPACT. The Labor Code stipulates that as part of the annual consultation on the company's social policy, the PAPRIPACT must be submitted to the CSE for its opinion (Article L2312-27 of the Labor Code).

As part of this consultation, the CSE may, in particular, propose an order of priority for the actions defined in the PAPRIPACT, as well as the adoption of additional measures.

🔎 Spotlight : As a reminder, the "Occupational Health" law has strengthened the role of the CSE in the prevention of occupational risks. Consequently, since March 31, 2022, the CSE—and, where applicable, the CSSCT—can contribute to the assessment of occupational risks within the company. It must be consulted on the DUERP and its updates (Article L4121-3 of the French Labor Code).

Article R4121-2 of the Labor Code stipulates that the PAPRIPACT must be updated “whenever the occupational risk assessment document is updated, if necessary”. As a reminder, the DUERP must be updated:

• at least once a year in companies with 11 or more employees;
• whenever any major change is made that affects health and safety conditions or working conditions for employees;
• wheneveradditional information relevant to risk assessment is brought to the employer's attention.

ℹ Note : The annual update of the DUERP is therefore not mandatory for very small businesses (fewer than 10 employees).

While the PAPRIPACT update must at least follow an annual frequency, in practice and with a view to continuous improvement, It may be more appropriate to perform updates more frequently so that the document accurately reflects the progress of various actions and can fully serve its purpose.

PAPRIPACT: what are the risks for the employer in case of non-compliance?

The PAPRIPACT is a key tool for occupational risk prevention in companies with more than 50 employees. Consequently, failure to comply with the associated obligations may lead to employer liability for breach of their safety obligation towards employees and particularly in the event of a workplace accident.

It is important to remember that this safety obligation is an obligation of result. Therefore, the employer's inexcusable fault may be recognized if preventive measures are not implemented even if they had been included in the PAPRIPACT.

ℹ Note : This inexcusable fault is recognized by law when a member of the Social and Economic Committee (CSE) has previously reported a risk to the employer and the employer has taken no action to address it (article L4131-4 of the French Labor Code).

Finally, note that the PAPRIPACT, like the DUERP, is an essential tool for the proper functioning of the Social and Economic Committee (CSE) which must be consulted on its content. Consequently, its absence may constitute an obstruction offense punishable by a fine of 7,500 euros (Article L2317-1 of the French Labor Code).

Key takeaways:

❖   The PAPRIPACT is mandatory for companies with 50 or more employees;

❖    It establishes the prevention actions to be implemented for the coming year based on the results of the professional risk assessment recorded in the DUERP;

❖    The CSE must be consulted on its content and may propose modifications or additional measures;

❖    An employer who fails to meet their obligations may face civil and criminal liability in the event of a workplace accident linked to insufficient prevention measures.