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The system for taking account of hardship at work is changing once again. One of the 5 Macron ordinances [1] replaces the Compte personnel de prévention de la pénibilité (C3P) with the Compte professionnel de prévention (C2P), and excludes certain so-called "painful" factors.
Here's an update on these developments.
Compte professionnel de prévention (C2P): what is it?
This account still enables employees to acquire rights to hours of vocational training, part-time work or additional quarters of pension insurance, but only in the event of exposure to the following 6 occupational risk factors:
- Working in a hyperbaric environment,
- extreme temperatures,
- noise,
- night work,
- work in alternating shifts, and
- repetitive work.
Painful work" factors removed from C2P as of October1, 2017
The 4 risk factors Manual handling of loads, Painful postures, Vibrations and Hazardous chemical agents (ACD) are excluded from C2P as of October1, 2017. They are no longer subject to an annual declaration obligation by the employer. Indeed, the assessment of these factors under the C3P was particularly complex.
Employees exposed to these risk factors will be eligible for early retirement only in the event of permanent disability exceeding 10% due to an occupational disease resulting from exposure to one or more of these 4 factors. The list of occupational diseases concerned will be determined by ministerial decree.
As of October 1, 2017, the four criteria excluded from C2P will not have to be included in the declaration and will not count towards the additional contribution:
- The declaration for 2017 will cover exposure to the ten factors for the first 3 quarters of 2017, and only exposure to the six factors remaining in the C2P for the last quarter.
- During the last quarter of 2017, only the earnings of employees exposed to the six factors selected for C2P will be used to calculate the amount of the additional employer contribution.
C2P financed by the health insurance branch for occupational injuries and diseases as of January1, 2018
Employer contributions paid in respect of the "compte pénibilité" have been abolished. As a reminder, these contributions correspond to the basic contribution paid by all employers and the additional contribution paid only by employers whose employees are exposed to one or more arduous working conditions.
From January1, 2018, the expenses generated by the scheme will be covered by a contribution from the accident at work and occupational illness (AT/MP) branch of the general scheme and that of the agricultural scheme.
The amount of the contribution will be included in the calculation of the AT/MP contribution. This amount will be set each year by the Social Security Financing Act. It will also cover additional expenses incurred by early retirement due to arduous working conditions.
Collective agreements to prevent the effects of exposure to occupational factors
The conditions under which companies with at least 50 employees, and companies belonging to a group with at least 50 employees, are required to draw up a collective agreement to prevent the effects of exposure to occupational factors have been modified. Companies which :
- employ a minimum proportion (to be set by decree) of employees declared exposed to the 6 occupational risk factors covered by C2P ;
- have an accident rate above a certain threshold (to be set by decree).
An exemption to this obligation is still provided for companies or groups with fewer than 300 employees and covered by an extended branch agreement.
These provisions relating to agreements to prevent the effects of exposure to certain occupational risk factors will come into force on January 1, 2019. An implementing decree should be published by the end of this year to set the thresholds.
Conclusion on work arduousness
For exposure to arduous work conditions in 2015, 2016 and the first three quarters of 2017, the previous provisions remain applicable. We advise you to identify the positions and personnel covered by the 4 factors removed from C2P (manual handling of loads, awkward postures, vibrations and ACD), so that you can inform those concerned and adapt the 2017 declaration to be made at the start of 2018.
As QSE or EHS Manager, we invite you to get in touch with your HR Department so that together we can study your company's situation and draw up a suitable action plan to deal with the problem of painful working conditions.
Finally, while taking into account the various elements mentioned above and preparing for 2018, it seems prudent to wait for the publication of the implementing decrees before setting up a precise action plan. We'll keep you informed when the time comes...
[1] Ordinance no. 2017-1389 of September 22, 2017 relating to the prevention and consideration of the effects of exposure to certain professional risk factors and to the professional prevention account [JORF of September 23, 2017].