Change in view in companies: the law of August 2, 2021 to strengthen occupational health prevention comes into force on Thursday. This aims in particular to fight against professional withdrawal, in other words when an employee loses his job because of his state of health. But it is far from being limited to this objective. We have listed the main measures of the text, which will come into force gradually.
A mid-career medical visit
Employees will now have to make a consultation with a mid-career occupational physician. This deadline will be determined by a branch agreement or, failing that, around 45 years. To do what ? To check that their job corresponds to their state of health and to make them aware of the occupational risks associated with aging. Following this visit, the occupational physician may make suggestions to the employee in question or to his employer.
Better prevention of occupational risks
The single professional risk assessment document (DUERP), intended to improve risk prevention within a company, will be strengthened. Psychosocial risks must be integrated and the provisions relating to chemical risks specified. This document must be kept for a minimum of 40 years and must be dematerialized (by 2023 for companies with at least 150 employees, and one year later for the others) so that all employees and former employees can consult it and transmit it “to the health professionals in charge of their follow-up”.
Sexual harassment redefined
The legislative text completes the definition of sexual harassment appearing in the Labor Code by integrating “repeated remarks and behavior with a sexist connotation”. Sexual harassment will also be constituted “when the same employee is subjected to such remarks or behavior, successively, coming from several people who, even in the absence of consultation, know that these remarks or behavior characterize a repetition”.
Work stoppage: the advanced pre-recovery visit
The pre-recovery visit is an examination carried out by the occupational physician and which concerns employees on sick leave. According to the Health Insurance, “it aims to help the employee to return to his job or a job compatible with his situation”. So far, it could take place after three months off. It can now be held after 30 days of absence, at the initiative of the employer or the employee.
The recovery visit remains compulsory upon return from maternity leave, an accident at work resulting in a stoppage of at least 30 days or an occupational disease. But it will be mandatory for stops related to illnesses or non-professional accidents of at least 60 days only (against 30 previously).
Access to shared medical records
The law also opens up the possibility for occupational medicine to access an employee’s shared medical file (DMP), provided that the employee agrees. As a reminder, the DMP is a computer file containing your medical data. It can only be opened with your consent. Conversely, other health professionals will now be able to consult the medical health file of an employee, who will also have access to it.
A prevention passport
Finally, by October 2022, companies and training organizations will have to provide employees with a prevention passport listing their certificates, certificates and diplomas obtained “as part of training relating to health and safety at work. work “. This document will prevent employees from repeating training already completed elsewhere than in their company or if they change employers.
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