.svg)
Night work is a necessity for many companies. Nevertheless, it involves a multitude of occupational risks for workers. In this article, we'll look at the risks involved and how to prevent them.
What are the occupational risks associated with night work?
What impact does night work have on workers' health?
Night work is a risk factor for workers. The human body responds to a so-called circadian rhythm, which regulates physiological activity according to the biological clock. The human body is designed to function correctly, following a normal rhythm of activity during the day and rest at night.
🔎 Focus : This report from France's Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail (ANSES) reports on the effects and risks of night work for workers, taking into account current scientific data.
Risks include metabolic disorders such as increased blood pressure, blood sugar and cholesterol levels. Other likely health impacts include type 2 diabetes and coronary heart disease.
Night work can also be associated with psychological and psychosocial risk factors. Indeed, sleep deprivation, the gap with society's "normal" rhythm, and the isolation of certain night shifts can have a major impact on a worker's state of mind.
What impact does night work have on workplace safety?
As well as having a detrimental impact on workers' health, sleep disorders can be the cause of accidents in the workplace when chronic sleep deprivation leads to reduced attention, drowsiness or deep physical fatigue.
Example: a road haulier subject to chronic fatigue due to an unsuitable work rhythm is more likely to be involved in an accident.
As a result, reduced alertness increases tenfold the other risk factors to which workers are already exposed. Preventing the risks associated with night work is therefore crucial to avoiding accidents in the workplace, and to preserving the health and safety of workers.
What are the regulatory requirements for night work?
What is the regulatory definition of night work?
The French Labor Code considers any work performed over a period of at least 9 consecutive hours, including the interval between midnight and 5 a.m., to be night work (Article L3122-2 C.trav). This period of work must begin no earlier than 9pm and end no later than 7am.
To be considered by law as a night worker, the employee must(Article L3122-5 C.trav) :
● perform three hours of night work per day at least twice a week ;
● or perform 270 hours of night work over a period of 12 consecutive months.
This qualification entitles the worker to "points de pénibilité", thanks to the Compte Professionnel de Prévention (Professional Prevention Account). Indeed, night work is one of the occupational risk factors covered by the "pénibilité" scheme(Article D4161-1 C.trav). Since September1, 2023, and the changes to the professional prevention account, the threshold for obtaining "points de pénibilité" is 100 nights per year , compared with 120 previously (each of which includes at least 1 hour's work between midnight and 5 a.m.)(Article D4163-2 C.trav).
🔎 Focus : Special regulations for night work apply to certain establishments or fields of activity such as retail sales in tourist areas, the press, radio, television, cinema, live entertainment, nightclubs, etc. (Article L3122-3 C.trav and Article L3122-4 C.trav).
What are the regulations governing night work?
General regulations
Recourse to night work must be exceptional and justified by the need to ensure the continuity of economic activity or social services provided by the company (Article L3122-1 C.trav).
Consequently, and in order to limit its use, regulations set limits on the use of night work:
● On the one hand, a night worker must not work more than eight hours a day(Article L3122-6 C.trav);
● On the other hand, the weekly duration of night work must not exceed 40 hours. This calculation is made over a period of twelve consecutive weeks(Article L3122-7 C.trav).
In the interests of fairness, the law provides for compensation for work performed at night. This may take the form of compensatory rest or salary compensation(Article L3122-8 C.trav).
Finally, as night work is one of the occupational risk factors covered by the "pénibilité" scheme, the employer must declare each year the workers exposed to it (Article D4163-3 C.trav).
Special cases
In the interests of safety, the law restricts the possibility of certain employees working at night.
Pregnant women have the right to request a change from a night shift to a day shift for the duration of their pregnancy and postnatal leave. This change of shift must not lead to a reduction in salary(Article L1225-9 C.trav). If the change of shift is impossible, the employee's employment contract is suspended and she is entitled to compensation(Article L1225-10 C.trav).
Night work is also forbidden for young workers, unless authorized by the labor inspectorate in certain areas of activity (entertainment, commercial establishments)(Article L3163-2 C. Trav).
How are night work rules defined within the company?
Frequent recourse to night work requires justification and negotiation within the company. In such cases, night work regulations must be set out in a company agreement, collective bargaining agreement or industry-wide collective agreement.
These agreements must mention(Article L3122-15 C.trav) :
- justifications for night work ;
- the definition of the night work period, in compliance with articles 3122-2 and L. 3122-3;
- compensation for night work ;
- measures to improve working conditions for employees ;
- measures to help night workers balance their professional and personal lives;
- measures to ensure professional equality between women and men;
- the organization of break times.
Such agreements may also modify, to a certain extent, the regulations governing night work, in particular with regard to :
- the minimum number of hours required to qualify as a night worker(Article L3122-16 C.trav);
- the maximum daily working time stipulated in article L. 3122-6(Article L3122-17 C.trav);
- the maximum weekly length of night work, provided this does not exceed 44 hours over 12 consecutive weeks(Article L3122-18 C.trav).
Note that the social and economic committee (CSE) and the occupational physician must be consulted on the introduction or modification of night work arrangements(Article L3122-10 C.trav and Article L2312-17 C.trav).
📃 F or more information on the scope of collective bargaining and supplementary provisions, please consult the dedicated section of the French Labor Code.
What can be done to prevent the risks associated with night work?
How to adapt a company's organization to night work?
Compliance with the regulations already ensures a minimum level of prevention, and thus a degree of safety for workers. However, to best guarantee the physical and mental health of night workers, the employer can implement other specific actions, particularly in terms of work organization.
Actions to prevent the risks associated with night work are part of the analysis of occupational risks, and mainly concern organizational factors linked to working hours and the organization of working time.
Here are a few examples of measures that could reduce the negative impact of night work on workers:
- provide adequate lighting;
- take effective action on work organization and team rotation;
- organize sufficient recovery time for workers;
- encourage collective and group work on employee isolation;
- encourage voluntary night work;
- avoid monotony at the workstation ;
- take into account the age, gender and physical condition of workers ;
- enable employees to combine their professional and personal lives;
- reduce stress ;
- ...
What role does the occupational physician play in preventing the risks associated with night work?
The occupational physician plays a particularly important role in the prevention and organization of night work.
In fact, after being hired, the workers concerned receive a visit from 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 state of health is compatible with a night shift.
Following this first visit, the occupational physician determines the frequency of medical check-ups(Article L3122-11 C.trav), which may not exceed 3 years.
This follow-up enables the occupational physician to temporarily or permanently transfer a worker to a day shift if his or her state of health so warrants(Article L3122-14 C.trav).
The occupational physician is also responsible for analyzing the consequences of night work on workers, working conditions and job content. These analyses enable him to advise the employer on the use of night work(Article R3122-13 C.trav).
Conclusion
Night work is an occupational risk factor, and as such must be exceptional or duly justified. Compliance with regulations is already an effective means of prevention, but employers are advised to implement additional measures to guarantee the highest possible level of prevention.
Photo credit: 565571946 @C Malambo/peopleimages.com