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Two new measures aimed at preserving employees' health after retirement have been introduced by law. These include a pre-retirement medical examination and training in life-saving gestures. What does this imply for employers and employees?
Pre-retirement medical examination:
Effective from October 1st , 2021, a medical examination conducted by the occupational physician prior to retirement has been established.
This examination applies to employees subject to enhanced individual monitoring and those who have been assigned to positions posing particular risks to their health or safety or to that of their colleagues or third parties. (Asbestos, lead, CMR agents, certain biological agents, ionizing radiation, hyperbaric risks, and risks of falling from height related to the installation or removal of scaffolding).
Therefore, the employer must inform their occupational health and safety service as soon as they become aware of an employee's departure or retirement from the company.
They also inform the employee concerned about the transmission of this information. The examination is then organized by the occupational health and safety service.
What is the purpose of this pre-retirement medical examination?
It aims to ensure that employees who, during their career, have experienced the most difficult working conditions or those most likely to affect their life expectancy in retirement, benefit, before the end of their professional life, from a accurate diagnosis of their health status and the consequences their activity has had on it, and that the link between the potential subsequent development of pathologies and their career can be easily established by their treating physician.
Thus, a document detailing this assessment is given to the worker.
Furthermore, the occupational physician has the option to implement post-professional monitoring in conjunction with the treating physician. To do this, if deemed necessary and with the worker's consent, they transmit the document and, if applicable, any additional information to the treating physician.
Finally, when the worker meets the conditions to benefit from the post-professional medical monitoring scheme provided for by the Social Security Code (particularly in cases of exposure to certain carcinogenic agents), the occupational physician informs them of the steps to take.
Awareness of cardiac arrest prevention and life-saving actions prior to retirement:
« Sudden cardiac arrest causes 40,000 to 50,000 deaths each year in our country » declared Mr. Jean-Pierre Cubertafon to the National Assembly when presenting his Bill.
Furthermore, in 70% of cases, a witness is present during the arrest, and the survival rate is 7% in France compared to 20% in some Nordic countries.
It is therefore a public health issue to raise awareness among as much of the population as possible about these cardiac arrest issues and life-saving actions.
Thus, the LAW No. 2020-840 of July 3, 2020, aiming to create the status of citizen rescuer, combat cardiac arrest, and raise awareness of life-saving actions, stipulates that: "employees shall receive training on cardiac arrest prevention and life-saving actions prior to their retirement." L. 1237-9-1 of the Labor Code.
By doing so, the employer must offer employees, before their retirement, awareness-raising activities on this topic.
What topics are covered by this awareness training?
This training enables employees, before their retirement, to acquire the necessary skills to:
1. Ensure their own safety, that of the victim, or any other person, and transmit to emergency services the information necessary for their intervention;
2. React to external bleeding and place the victim in an appropriate waiting position;
3. React to a victim in cardiac arrest and use an automated external defibrillator.
Who can provide this training?
A decree defines the conditions for authorizing organizations and professionals to provide this training. This decree is currently awaiting publication.
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