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Based on the employer's general obligation to prevent occupational risks, the management of occupational hardship and the requirement to prevent it now apply to all companies.

Indeed, Law 2010-1330 of November 9, 2010, on pension reform established this hardship framework and supplemented Article L. 4121-1 of the Labor Code.

What is occupational hardship?

Definition

The Labor Code defines occupational hardship as the set of physical, environmental, or organizational constraints that, when prolonged, can impair employees' health (Articles L. 4161-1 et seq.).

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Several occupational risk factors have been defined and categorized by family.

Risk categories

10 occupational risk factors have been established:

1. Regarding significant physical strain

• Manual handling of loads (any transport or support operation for a load, including lifting, putting down, pushing, pulling, carrying, or moving, which requires physical effort from one or more workers)
• Strenuous postures (forced joint positions)
• Mechanical vibrations transmitted to the hands/arms and the body

2. Regarding a harsh physical environment

• Hazardous chemical agents (including dust and fumes)
• Activities performed in a hyperbaric environment
• Extreme temperatures (heat and cold work)
• Noise at work

3. Regarding work schedules

• Night work 
• Shift work 
• Repetitive work (tasks involving the execution of repeated movements, engaging all or part of the upper limb, at a high frequency and under a constrained pace)

Not all of these factors are taken into account in the pension reform. Indeed, since the reform of the " hardship account and the 2017 changes (which aimed to simplify the prevention of arduous work following the initial 2016 changes), only 6 out of the 10 criteria need to be taken into account for reporting exposure.

Factors included in the professional prevention account (C2P)

The 6 risk factors to be taken into account for the C2P are as follows:

• Night work
• Repetitive work 
• Work in alternating successive shifts
• Work performed in a hyperbaric environment
• Extreme temperatures
• Noise

What are the employer's obligations and how to identify arduous work

Assess

The employer must first evaluate the exposure of their employees to occupational risk factors:

• Have the occupational risk factors been identified within the company? 

• Regarding the 6 factors covered by the C2P, does the risk assessment reveal that certain employees are exposed to levels exceeding the regulatory thresholds ?

DUERP

The results of the assessment of exposure to occupational risk factors must be recorded in the single occupational risk assessment document (DUERP) and used to inform the PAPRIPACT.

Furthermore, the employer must attach the following to the DUERP:

• collective data useful for assessing exposure to occupational risk factors covered by the C2P
• the proportion of employees exposed to these factors beyond the thresholds

Declaration

Exposures exceeding regulatory thresholds must be reported via the annual nominative social declaration (DSN). This declaration may be corrected until April of the year following the year for which the declaration was made.

Regarding temporary workers, user companies must, in particular, provide temporary employment agencies with the information necessary for the latter to file the exposure declaration.

Relying on work situations and prevention data

Each worker's exposure is assessed by the employer in alignment with the occupational risk assessment, based on the standard working conditions characterizing the position held, averaged over the year, and notably using the collective data annexed to the single document. 

However, if an extended branch collective agreement exists, hardship prevention agreements (sometimes adjusted by the 2019 updates) or an approved industry reference framework, the employer may use the positions, job roles, or work situations defined in these documents.

The role of the HSE manager in the reliability and traceability of exposures

The HSE manager plays a crucial role in ensuring the reliability and traceability of exposures to occupational risk factors. 

To ensure the reliability of exposure data, the HSE manager must, in particular, carry out the following actions:

• Conducting exposure measurements (noise, hazardous chemical agents, vibrations, etc.), where necessary with the assistance of the occupational health and prevention service or a third-party organization.
• Comparing field data with regulatory thresholds
• Integrating results into the DUERP

Traceability can be ensured through job descriptions, exposure records, or various software and tracking files, which allow for the preservation of exposure history. Traceability makes it possible to reconstruct an employee's history throughout their career within the company.

Employee right to contest inaccurately recorded exposure

Despite all precautions, and if no solution is found through dialogue, an employee may wish to contest an exposure they believe has been inaccurately recorded. Here are the steps:

• Notify the employer of the initiation of a claim procedure via registered letter with acknowledgment of receipt 
• The employer has a 2-month response period; silence is considered a rejection
• At the end of the 2-month period, the employee may file a claim within 2 months with the relevant pension fund, which will issue its decision
• Both the employee and the employer may contest the decision issued by the managing body within 2 months of that decision, before the Social Security Tribunal (TASS)

How hardship affects retirement

C2P

Employees can earn rights under the C2P. They must meet the following 3 conditions:

• Be affiliated with the general social security scheme or the MSA
• Have an employment contract of at least 1 month
• Be exposed to at least 1 risk factor above a certain threshold

Earning points

The point allocation scale takes into account the duration of the employment contract and the number of factors to which the worker is exposed. Following the 2023 updates, and as of September 1, 2023, the number of points awarded is proportional to the number of factors to which the employee is exposed. Points are allocated each calendar year for the preceding year.

Using points

Points accumulated in the account can be used to fund:

• professional training to transition to a job that is not exposed or is less exposed to arduous work factors
• supplementary income when transitioning to part-time work
• early retirement
• costs related to one or more initiatives as part of a professional retraining project

How can you practically prevent professional burnout?

More generally, and beyond the regulatory aspects associated with arduous work, it is the employer's responsibility to work on preventing professional burnout.

As with all occupational risks, several courses of action should be considered:

• Reduce exposure at the source
• Adapt workstations and equipment
• Improve work organization
• Train employees
• Monitor exposure and the effectiveness of actions over time

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Regarding "ergonomic" risks specifically, an investment fund for the prevention of professional wear and tear (FIPU) was established in 2023.

The FIPU targets ergonomic risks, which are responsible for the vast majority of occupational diseases, particularly musculoskeletal disorders (MSDs):

• Manual handling of loads
• Strenuous postures
• Mechanical vibrations

This fund aims to protect the health of employees most exposed to these ergonomic risk factors and has been accessible since 2024 through a dedicated financial aid program: the Ergonomic Risk Prevention Grant. 

It is structured around three areas of funding:

• In-company prevention through the funding of adapted equipment 
• Professional retraining through the funding of career transition projects 
• Industry-wide initiatives through support for actions led by professional prevention organizations 

In conclusion, it is clear that beyond the regulatory aspects associated with the C2P, the major challenge remains the prevention of risks related to professional wear and tear, and the role of the HSE manager is central to preventing these risks.