May 23, 2022

what changes for companies?

The law intended to strengthen prevention in occupational health was promulgated on August 3. It transposes the provisions of the national inter-professional agreement (ANI) concluded by the social partners on December 10, 2020. This text should enter into force on March 30, 2022 by French companies.

What are the main changes brought about by this new text for companies?

1. A new prevention and occupational health service with a wider scope

“Occupational health services” are becoming “prevention and occupational health services” and have their scope of action broadened, in particular to better detect warning signs of burnout or situations of harassment at work. Among their new missions: prevention and information campaigns for employees on occupational risks, but also the organization of vaccination and screening campaigns (especially against Covid-19) in the company.

These new form of occupational health services will include a unit dedicated to professional withdrawal, in order to support people who have difficulty resuming their activity after a work stoppage.

The text also specifies reinforcing the importance and the retention period of the DUERP (single document for the assessment of occupational risks), which lists the risks to which employees are exposed in their workplace. The objective: to be able to identify the factors for the appearance of an occupational disease, including late ones.

2. A health passport for each employee

The new health passport will record the various health training and certifications followed or obtained by each employee. For Carole Grandjean, LREM MP at the origin of the bill, this measure aims to “To promote the worker and, above all, to avoid having him follow training courses already carried out in the field of prevention and health at work. It saves time and money. “

3. Reinforced medical monitoring throughout employees’ careers

With a view to improving prevention, access to care and medical monitoring, the occupational physician will be able to have access to the shared medical file (DMP). The only condition: the employee must give his prior consent and, in the event of refusal, the employer will not be informed.

The use of telemedicine, particularly interesting in the event of a long illness, is facilitated and a liaison meeting between the medical consultant, the prevention and occupational health service, the employer and the employee is planned in order to prepare for the better come back to the office after a long absence.

Finally, a mid-career visit, at age 45, becomes compulsory. Its purpose? Ensure that the working conditions of the employee are always in line with his state of health and make the employee aware of the subject of aging well at work.

Occupational safety and health: ILO advice on preventing risks in the workplace

4. Better medical monitoring for non-employees

Monitoring by prevention and occupational health services is extended to temporary workers, employees of subcontractors or service providers, as well as self-employed workers and company managers.

5. Increased collaboration between occupational medicine and town medicine

To alleviate the shortage of occupational physicians, these health professionals may delegate certain missions to other members of their team: occupational nurses (a status newly recognized by law), physiotherapists, occupational therapists. But also to fellow community medicine volunteers: corresponding practicing physicians, who will be trained in occupational medicine.