Law No. 2021-1018 of August 2, 2021 to strengthen occupational health prevention transposes the national interprofessional agreement (ANI) concluded by the social partners on December 10, 2020. It thoroughly reforms occupational health (hereinafter a summary presentation of the new measures put in place)
Main measures aimed at strengthening occupational health prevention
Reinforcement of the content and traceability of the DUER (single occupational risk assessment document):
New obligations relating to the DUER are put in place:
- Obligation to consult the CSE: it will be necessary to consult the CSE before setting up the DUER, as well as during each annual update;
- Storage obligation: the DUER must be kept, with its annual updates, for at least 40 years;
- Filing obligation: the DUER, with its annual updates, must be filed electronically on a digital portal managed by the employers' organisations;
- Obligation to make it available: the DUER, with its annual updates, must be made available to workers or to any person or body that can justify an interest in having access to it.
Otherwise :
- For companies with more than 50 employees: they must establish an annual program for the prevention of occupational risks and the improvement of working conditions;
- For VSEs/SMEs: they must define risk prevention and employee protection actions.
Creation of a prevention passport
A specific document listing the qualifications obtained by a worker (or a job seeker) within the framework of training relating to health and safety is created by these new provisions, called a prevention passport.
This document provides information on the certificates, certificates and diplomas obtained by the worker at the end of such training.
In particular, it receives information from the employer regarding training relating to occupational health and safety provided at its initiative. It is also completed by training organizations or by worker.
The employer will be able to consult, with the worker's authorization, the data contained in this prevention passport under his obligation in terms of health and safety training.
Extension of the qualification of sexual harassment to sanction group behavior
The definition of sexual harassment is extended to situations where the employee is subjected to remarks or behavior:
- Coming from several people, in concert or at the instigation of one of them, even though each of them has not acted repeatedly;
- Or coming successively from several people who, even in the absence of consultation, know that these remarks or behaviors characterize a repetition.
Other measures
- Extension of periodic negotiations to the theme of quality of life and working conditions;
- Increase in the number of days of training in health, safety and working conditions for CSE elected officials;
- Now mandatory training in health and safety at work for health and safety referents.
Main measures aimed at strengthening the obligation of medical follow-up and the fight against occupational disintegration
These new provisions require new medical visits to the occupational physician:
- Mid-career medical visit: this must be organized during the year of the employee's 45th birthday (or at another date defined by branch agreement) and aims to verify the balance between the state of health of the employee and their workstation, to assess the risks of occupational disintegration and to raise employee awareness of the challenges of aging at work and the prevention of occupational risks;
- Liaison meeting between the employee, the employer and the SPST (prevention and health at work service) in the event of long-term work stoppages: it must be organized at the initiative of the employee or the employer and is intended to inform the employee of actions to prevent professional withdrawal, of the possibility of a pre-recovery medical examination as well as to use existing individual measures (workstation adaptation, adjustment of working time, etc.).
Other measures are also provided for by the so-called health law, in particular:
- Creation of the shared medical file (DMP): it is intended to ensure better medical monitoring of workers and can be consulted and updated by the occupational doctor, with the consent of the employee (informed beforehand of his possibilities of restricting access to his case) ;
- Creation of a multidisciplinary unit for the prevention of professional disintegration within the SPST: it will be led and coordinated by the occupational doctor or a delegate and is responsible for proposing awareness-raising actions on professional disintegration, identifying individual situations , to propose individual measures and to support the worker in a situation of disintegration;
- Use of a vocational rehabilitation agreement for disabled workers declared unfit or for workers for whom the occupational physician has identified a risk of unfitness during a pre-recovery examination: it is intended to be concluded between the employer , the employee and the Caisse Primaire d'Assurance Maladie and will have to determine the terms of professional re-education.
