The law to “strengthen prevention in occupational health” was published in the Official Journal of August 3, 2021.
This law strengthens prevention in the workplace, defines a basic range of services to be offered by prevention and occupational health services (SPST) and better support certain vulnerable populations and fight against professional exclusion.
The measures relating to DUERP come into force on July 1, 2023 for companies with at least 150 employees, then on July 1, 2024 for companies with 50 to 150 employees.
Here are the new measures affecting employers and employees:
The DUERP (Single Professional Risk Assessment Document) remains compulsory from 1is employee and must be subject to the CSE in companies with more than 50 employees (article L2312-9 of the labor code).
- But to this is added an obligation to file on a digital portal deployed and administered by professional employers’ organizations. This portal will have to archive the DUERPs for 40 years which will remain available to employees and former employees as well as to any body that may have an interest in having access to them.
- For companies more than 50 employees a list of preventive actions to be implemented should be noted in the DUERP with an implementation schedule and setting up results indicators. Establishment of an annual program to prevent occupational risks and improve working conditions.
- For companies of less than 50 employees it is a question of defining the actions of prevention and protection of employees by the employer
- DUERP will take into account teleworking and the organizational changes it implies.
- The quality of working conditions can be the subject of collective negotiations during compulsory negotiations on professional equality between women and men as well as of the QVT (Quality of Life at Work), therefore in companies with more than 50 employees.
the Sexual harassment will be defined identically in the labor code and in the penal code
Occupational Health Services (OHS) will be renamed Occupational Health and Prevention Services (SPST). For the prevention side, they will carry out vaccination and screening campaigns as well as health promotion actions in the workplace.
Establishment of a prevention passport (follow-up of the training courses taken concerning health and safety at work), the implementation of which remains to be defined.
Employees subject to Reinforced Individual Monitoring (SIR) will pass an end-of-career medical examination as soon as they are no longer exposed to particular risks (= those referred to inrticle R 4624-23, I of the Labor Code : asbestos, lead, carcinogenic or biological agents, ionizing radiation, hyperbaric risk, risk of falling, etc. ). In order to avoid any oversight, we will recommend informing your occupational health service of any retirement so that it is he who bears the responsibility for the organization or not of such a medical examination.
The occupational physician may have access to the Shared Medical File (DMP) and provide it with the agreement of the employee concerned. The Occupational Health Medical File (DMST) will be open to health professionals under the authority of the occupational physician.
In case of teleconsultation the employee may, if the occupational physician suggests it, be assisted by his attending physician or a health professional of his choice in person or by video.
The self-employed can join the SPST of their choice and benefit from a specific offer.
Business leaders will also be able to take advantage of their company’s SPST services.
- Prevention of Professional Disinsertion
Disintegration from the workplace can occur as a result of an accident or illness, whether occupational or not, which causes difficulty in maintaining the previous job unchanged, or in a more insidious way, following a more serious alteration. progressive health of the worker.
There are 3 types of prevention:
- Primary = prevent work accidents and occupational diseases
- Secondary = to fight the difficulties linked to a proven health problem, to treat them as early as possible,
- Tertiary = to reduce the effects on employment of complications
For this you will need:
- That the SPST include a multidisciplinary unit dedicated to this problem which will have to carry out awareness-raising actions, identify individual situations, propose adaptation measures, etc.
- programmer liaison meetings in the event of a long stoppage between the employer, the employee and the SPST
- Organiser a mid-career medical examination (around the employee’s 45th birthday)
- That the staff representatives undergo a 5-day occupational health training during the 1is mandate (3 days in case of renewal)
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