October 16, 2021

Updates to the company health protocol on September 1

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The national protocol aimed at ensuring the health and safety of employees in the workplace in the face of the Covid-19 epidemic, updated on August 9 and then on August 31, 2021, entered into force on September 1, 2021.

This protocol has been updated in particular to take into account the implementation of the health pass for people working in places subject to it.

Social dialogue around working

Working remains an essential preventive measure, the definition of which is now the responsibility of local social dialogue. Thus, according to the protocol, the national interprofessional agreement (ANI) of November 26, 2020 for the successful implementation of tltwork constitutes a useful frame of reference for its implementation. As such, employers set, within the framework of local social dialogue, the modalities of recourse to this mode of work organization by ensuring that links are maintained within the work group and the prevention of risks linked to the isolation of workers. employees at work. .

Therefore, since September 1, companies that wish have the opportunity to bring their full-time employees back on site.

Integration of the health pass

Since August 30, 2021, employees, volunteers, service providers, agency workers and subcontractors working in certain places, establishments, services or events must present the health pass. However, some employees and other professionals are not subject to it if their activity takes place in spaces not accessible to the public or outside opening hours to the public or in the event of urgent interventions or for delivery activities. As a result, employers will have to check compliance with this obligation, on the basis of proof presented by the employee. When an employee concerned by the health pass does not present the supporting documents, he can, with the employer’s agreement, take days off or RTT.

If the professionals working in these places and events who will have to present the health pass will no longer be required to wear the mask, it may be made compulsory by the prefect, as well as by the operator or the organizer.

The vaccination

According to the protocol, employers must promote the vaccination of their employees by allowing them to be absent during working hours without this leading to a reduction in remuneration. Employers can ask the employee for confirmation of the vaccination appointment or proof of the vaccination. In addition, vaccination is compulsory for caregivers and workers in health and medico-social establishments and services and will be implemented in two stages. Between September 15 and October 15, a first dose of vaccine as well as a negative test result will be required and, from October 16, the presentation of proof of the complete vaccination schedule will be requested. Employers must monitor compliance with this obligation and people with medical contraindications must present a medical certificate.

Note that employees aged 18 and over can be vaccinated by occupational physicians.

Reinforced measures for vulnerable employees

Vulnerable employees can now return to the site while benefiting from reinforced protective measures. This could be the isolation of the workstation, respect for reinforced barrier gestures, the absence or limitation of the sharing of the workstation, the cleaning and disinfection of the workstation and the surfaces affected. at least at the start and end of the shift or even the adaptation of arrival and departure times and any other professional travel, taking into account the means of transport used by the person and the provision by the employer of surgical-type masks in sufficient number to cover journeys between the home and the workplace when the person uses collective means of transport.

As of September 15, 2021, employees who are particularly at risk when working is not an option, may be in partial activity or receive exceptional daily allowances if they meet one of the following conditions:

  • justify a criterion of vulnerability to Covid-19 appearing in the list of the opinion of the High Council of Public Health (HCSP) of October 29, 2020 (except in the case of severe immunosuppression) and be in one of the following 2 situations: be assigned to a post likely to be exposed to high viral densities (for example, in first-line hospital services or Covid-19 sectors) or justify a vaccination contraindication.
  • be a severely immunocompromised person needing to receive a 3rd vaccine dose within the meaning of the opinion of April 6, 2021 of the Vaccine Strategy Orientation Council.

Vulnerable employees concerned must apply for an isolation certificate in order to be put into partial activity. This certificate can be drawn up by the attending physician, city or work. A new documentary evidence is necessary for those who have already had an isolation certificate between May 2020 and August 2021.

They can benefit from compensation paid for partial activity until December 31, 2021.