Our three-part analysis (1) of Law No. 2021-1018 of August 2, 2021 to strengthen health prevention at work ends with the evocation of various provisions introduced into the Labor Code by the aforementioned law concerning in particular the new missions for the prevention and occupational health services, the implementation of a prevention passport and the strengthening of medical monitoring of employees.
The implementation of a prevention passport listing the training courses taken by employees
Largely inspired by the ANI of December 9, 2020, article 6 of the law creates an article L. 4141-5 within the Labor Code establishing a prevention passport which will be intended to identify all the elements certifying the qualifications acquired by the employee during training relating to health and safety at work.
In practice, the passport must allow the employer to know what qualifications a newly hired employee has acquired as well as the period of validity of these qualifications (compulsory training, such as fire safety and personal assistance training, CACES training, etc).
The employer must enter in the passport the certificates, certificates, diplomas obtained by the employee. This obligation is also incumbent on training organisations.
The employee can also fill in the passport when he obtains diplomas or certifications obtained at the end of training courses followed on his own initiative.
The terms of implementation of the passport will be determined by decree and no later than October 1, 2022.
Occupational health services become the occupational health and prevention services (SPST)
The new missions of Occupational Health Services
Newly renamed Occupational Health and Prevention Services, these organizations have new missions.
If they had until now for exclusive role ” to avoid any deterioration in the health of workers as a result of their work “, it is now their responsibility to “ contribute to the achievement of public health objectives in order to preserve, during the working life, a state of health of the worker compatible with his continued employment ».
Major evolution by a broadening of the role beyond the maintenance of health at work through objectives of public health and job retention.
The objectives assigned to them are as follows:
They carry out health actions at work, with the aim of preserving the physical and mental health of workers throughout their professional career and provide assistance to the company, in a multidisciplinary manner, for the assessment and prevention of risks. professionals.
They advise employers, workers and their representatives on the provisions and measures necessary to avoid or reduce occupational risks, improve the quality of life and working conditions, taking into account, where appropriate, the impact working from home on health and the organization of work, to prevent the consumption of alcohol and drugs in the workplace, to prevent sexual or moral harassment.
The evocation of telework is not unrelated to the evolution of the field of DUERP (Cf. Part I (1)).
They accompany the employer, the workers and their representatives in the analysis of the impact on the health and safety conditions of the workers of major organizational changes in the company.
They take part in monitoring and contribute to the traceability of occupational exposures and health monitoring.
They participate in actions to promote health in the workplace, including vaccination and screening campaigns, awareness-raising actions on the benefits of sports practice and information and awareness-raising actions on disability situations at work .
Reinforced employee medical monitoring
The legislator takes into account changes in practices, work organization and technological developments by providing that medical monitoring can be carried out remotely.
With the employee’s agreement, the occupational physician and the medical teams may use medical practices or remote care using ICT; knowing that the implementation of these practices must guarantee the confidentiality of the exchanges.
Significant novelty, if necessary, the employee’s attending physician or a practitioner chosen by the employee may participate in the consultation or interview.
This immediately raises the question of the consequences of an opposition of diagnosis between the attending physician and the occupational physician. What would be the consequences on the employment relationship and the ability, if any, of the employee to occupy his position?
A decree to be published clarifying the modified article L. 4624-1 of the Labor Code will specify the methods of application of this device in the hope that indications will be given on this last point.
A new compulsory examination: the “mid-career” medical visit
If the intention is laudable because prioritizing the preservation of the health of the employee and his adaptation to the position, it is permissible to wonder about the possible heaviness of this new obligation for the employer since it is to him that it s will impose.
This examination is organized on a date determined by branch agreement or, failing that, during the calendar year of the employee’s 45th birthday.
The age retained by the law of August 2, 2021, unless conventional provisions provide otherwise, leaves one wondering about the date, by deduction, of “ end » of career … if 45 years corresponds to the mid-term.
Beyond that, the medical examination aims to:
-
- establish an inventory of the adequacy between the workstation and the employee’s state of health, to date, taking into account the exposure to professional risk factors to which he has been subjected;
If, obviously, the age of 45 can prove to be appropriate for trades with high arduousness, one can wonder about service trades. The role of the branches in determining the age of the “mid-career” interview and the relationship between this and the professional risk factors specific to each branch will be essential.
-
- assess the risks of professional withdrawal, taking into account the evolution of the employee’s capacities according to his professional career, his age and his state of health;
The same comments as above will be made on the age determination of this review by branches.
-
- raise worker awareness of the challenges of aging at work and the prevention of occupational risks.
If the prevention of professional risks remains an imperative, whatever the branch, one can wonder about awareness of the challenges of aging at work at … 45 years old.
(1) READ ALSO
The law to strengthen prevention in occupational health: The renewal of the single occupational risk assessment document (Part I)
The law to strengthen occupational health prevention: The new definition of sexual harassment (Part II)
