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Night work is a necessity for many businesses. However, it involves a multitude of occupational risks for workers. In this article, we will examine the risks involved and how to prevent them.
What are the occupational risks associated with night work?
What is the impact of night work on workers' health?
Night work is a risk factor for workers. This is because, the human body operates on a so-called circadian rhythm which regulates physiological activity according to the biological clock. The human body is designed to function properly by following a normal rhythm of activity during the day and rest at night.
🔎 Focus : This report from the French Agency for Food, Environmental and Occupational Health & Safety (ANSES) details the effects and risks of night work for employees, taking into account current scientific data.
Among the risks, metabolic disorders can be cited, which manifest as increased blood pressure, blood sugar, or cholesterol. Other probable health impacts mentioned include, for example, type 2 diabetes or coronary heart disease.
Night work can also be associated with psychological and psychosocial risk factors. Indeed, lack of sleep, being out of sync with society's "normal" rhythm, or the isolation of certain night shifts can greatly influence a worker's morale.
What is the impact of night work on workplace safety?
Beyond the detrimental impact on workers' health, sleep disorders can lead to workplace accidents when chronic sleep deprivation causes a worker to experience reduced attention, drowsiness, or profound physical fatigue.
For example, a truck driver suffering from chronic fatigue due to an unsuitable work schedule is at a higher risk of being involved in an accident.
Thus, reduced vigilance multiplies the other risk factors to which workers are already exposed. Preventing risks associated with night work is therefore crucial to avoid workplace accidents and to preserve the health and safety of workers.
What are the regulatory obligations regarding night work?
What is the regulatory definition of night work?
The Labor Code considers any work performed during a period of at least 9 consecutive hours, including the interval between midnight and 5 AM, as night work (Article L3122-2 C.trav). This work period must begin no earlier than 9 PM and end no later than 7 AM.
To be considered a night worker by law, an employee must (Article L3122-5 C.trav) :
● either perform three hours of night work daily at least twice a week;
● or complete 270 hours of night work over a period of 12 consecutive months.
This qualification allows the worker to earn "hardship points" through the professional prevention account. Indeed, night work is considered one of the professional risk factors under hardship (Article D4161-1 C.trav). As of the 1st September 2023 and the changes related to the professional prevention account, the threshold set for obtaining arduousness points is 100 nights per year compared to 120 previously (each including at least 1 hour of work between midnight and 5 am) (Article D4163-2 C.trav).
🔎 Focus : Specific regulations for night work apply to certain establishments or sectors of activity such as retail sales in tourist areas, the press, radio, television, cinema, live performance, nightclubs, etc. (Article L3122-3 C.trav and Article L3122-4 C.trav).
What are the regulations for the use of night work?
General regulations
The use of night work must be exceptional and is justified by the need to ensure the continuity of economic activity or services of social utility provided by the company (Article L3122-1 C.trav).
Consequently, and to restrict its use, regulations impose limits on night work:
● On the one hand, a night worker must not exceed eight hours of work per day (Article L3122-6 C.trav) ;
● On the other hand, the weekly night work duration must not exceed 40 hours. This calculation is based on a period of twelve consecutive weeks (Article L3122-7 C.trav).
In the interest of fairness, the law stipulates compensation for work performed during night hours. This compensation may be in the form of compensatory rest or monetary compensation (Article L3122-8 C.trav).
Furthermore, as night work is considered a professional risk factor due to its arduousness, the employer must annually declare the workers exposed to it (Article D4163-3 C.trav).
Special Cases
For safety reasons, the law restricts the possibility of using night work for certain employees.
Thus, pregnant women have the right to request a change from their night shift to a day shift for the duration of their pregnancy and postnatal leave. This change of position must not result in a salary reduction (Article L1225-9 C.trav). If a shift change is not possible, the employee's employment contract is then suspended, and she receives compensation (Article L1225-10 C.trav).
Night work is also prohibited for young workers, except with authorization from the labor inspectorate in certain sectors of activity (entertainment, commercial establishments) (Article L3163-2 C. Trav).
How are the rules for night work defined within the company?
Frequent use of night work requires justification and internal company negotiation. The regulations for night work must then be specified by a company agreement, a collective agreement, or a branch collective agreement.
These agreements must specify (Article L3122-15 C.trav) :
- the justifications for the use of night work;
- the definition of the night work period, in compliance with articles 3122-2 and L. 3122-3 ;
- the compensatory consideration for night work;
- measures aimed at improving employees' working conditions;
- measures aimed at facilitating the balance between the professional and personal lives of night workers;
- measures aimed at ensuring professional equality between women and men;
- the organization of break times.
Such agreements may also, to a certain extent, modify the regulations for night work, particularly regarding:
- the minimum number of hours leading to qualification as a night worker (Article L3122-16 C.trav);
- the maximum daily working hours provided for in Article L. 3122-6 (Article L3122-17 of the Labor Code);
- the maximum weekly night working hours, provided that this duration does not exceed 44 hours over 12 consecutive weeks (Article L3122-18 of the Labor Code).
Note that the Social and Economic Committee (CSE) and the occupational physician must be consulted on the implementation or modification of night work organization (Article L3122-10 of the Labor Code and Article L2312-17 of the Labor Code).
📃 For more information on the scope of collective bargaining and supplementary provisions, we invite you to consult the dedicated section of the Labor Code.
What actions should be implemented to prevent risks associated with night work?
How can a company's organization be adapted for night work?
Compliance with regulations already ensures minimal prevention and thus offers a certain level of safety to workers. However, to best ensure the physical and mental health of night workers, employers can implement other specific actions, particularly in terms of work organization.
Risk prevention actions related to night work are part of the professional risk assessment. and primarily concern organizational factors related to work schedules and the organization of working time.
Here are some examples of measures that can reduce the negative impact of night work on employees:
- provide sufficient lighting;
- act effectively on work organization and team rotation ;
- organize sufficient recovery time for employees ;
- promote collective and group work over employee isolation;
- encourage voluntary night work;
- avoid workstation monotony;
- take into consideration the age, gender, and physical condition of employees;
- enable employees to balance their professional and personal lives;
- limit stress;
- …
What is the role of the occupational physician in preventing risks associated with night work?
The occupational physician plays a particularly important role in the prevention and organization of night work.
Specifically, after hiring, affected employees benefit from a visit to the occupational physician during which they are informed of the health risks of night work (Article R3122-14 C.trav). A certificate is issued to workers if their health condition is compatible with a night shift position.
Following this initial visit, the occupational physician determines the frequency of medical follow-up (Article L3122-11 of the Labor Code), which cannot exceed 3 years.
This follow-up allows the occupational physician to temporarily or permanently transfer a worker to a day shift position if their health condition warrants it (Article L3122-14 of the Labor Code).
The occupational physician is also responsible for analyzing the consequences of night work on employees, working conditions, and job content.. These analyses enable them to advise the employer on the use of night work (Article R3122-13 of the Labor Code).
Conclusion
Night work is an occupational risk factor and, as such, should be exceptional or duly justified. Compliance with regulations already provides effective prevention, but employers are advised to implement additional measures to ensure maximum prevention.
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