Legislation – painfulness at work

The regulatory provisions in force since the 1 January 2012 on the management of the arduous nature of work stations complement the obligations of an employer determined by article L.4121 - 1:

«L ’ employer shall take the necessary measures to ensure the safety and protect the physical and mental health of workers.. These measures include actions of Prevention of occupational risks and the painfulness at work ».

Bonds since January 1 2012 for any employer

1) Diagnose the factors of occupational hazards for each employee

Article D 4121-5 code work States risk factors professionals that any employer is required to diagnose by establishing its painfulness criteria on the basis of its activity.

Required to diagnose occupational risk factors table.

2) Record the factors of occupational hazard on a sheet of prevention by employee

Must be using the template "card prevention of exposures to occupational risk factors" such as defined by l ' order of the 30 January 2012, every employer must record in the prevention of each employee card :

. The conditions of onerousness to which an employee is exposed,

. The period during which this exposure occurred,

. Measures implemented by l ’ employer to eliminate or reduce these factors during this period.

3) Maintain and ensure the traceability of each employee exposures.

Each record and the history of each employee must be preserved by l ’ employer. The employer has prohibition of contact sheets to another employer.(The labour code, art. L. 4121-3-1).

A copy of the form of prevention is to be :

. To the occupational health service which forwards the physician to work. The plug must also be communicated to each update (The labour code, art. D. 4121-7 new).

. To the employee (The labour code, art. L. 4121-3-1) :
. At his departure from l ' hotel.

. In the event of stoppage of work of at least 30 consecutive days in a work accident or disease professional and d ' at least three months in the other cases (The labour code, art. D. 4121-8 new).

. In the event of occupational disease.

. In the event of death, the copy can be handed over to his successors in title.
the plug must be held at any time at the disposal of the employee (The labour code, art. D.4121 - 8 new). It can also request correction of the information. (The labour code,art. L.4121 - 3-1).

4) Refresh preventions sheets.

. Records should be updated when any change in the conditions for exhibitions that could have an impact on the health of the employee (The labour code, art. D. 4121-7 new).
It is strongly recommended to l ’ employer to update records of prevention in the same way as the single document.

Additional obligations for every employer d ' at least 50 employees (or belonging to a group ' at least 50 employees), whose 50% effective l is exposed to a hardness factor.

1) Subscribe 1 agreement or plan d ' action d ' a maximum of 3 years.

The agreement or action plan must address at least 3 themes amongst 6 planned.
(D. 138-27 social security code).

At least, 1 theme amongst :

. The reduction of the poly-expositions factors of painfulness

. Adaptation and l management of workstations

At least, 2 themes amongst :

. L ' improvement of working conditions, particularly at the organizational level

. The development of skills and qualifications

. The purposes of career development

. The retention

Conditions of implementation of the agreement or plan of action

1. Take into account l ' agreement, Group plan or arrangement of extended branch
2. Identify the positions affected by hardship factors
3. Set the proportion of exposed workers
4. Write / implement the agreement or plan :

The agreement or plan d ' action is based on a diagnosis must be realized in close collaboration with the CHSCT. (Article L4612-2 of the labour code).

The agreement or action plan is accompanied by quantified objectives which the achievement is measured by means of indicators, communicated at least annually to the members of the CHSCT, or failing, delegates to the staff. (Article D138 - 28 Code of social security).

2) File l ' agreement or plan of action with the DIRECCTE

Criminal and civil penalties

Art. R. 4741-1-1.
"The fact of do not fill or update the profile for prevention of exposures., the conditions laid down by article L l. 4121-3-1 and the decree for its application, is punishable by l set fine for contraventions of the fifth class. 1500 €, recidivism, 3000 €.

L fine is applied as many times as there are workers affected by l offence. Recidivism is punishable in accordance with articles 132-11 and 132-15 of the criminal code. »

At the end of the law, the reasons that lead a person to be punished d a violation of 5th class are either "does cause to others by clumsiness., imprudence, inattention, negligence or breach of duty of security or care imposed by law or regulation, under the conditions and according to the distinctions laid down in article 121-3, a total incapacity for work for a period not exceeding three months"or"fact "., by the violation clearly deliberate a special duty of security or caution laid down by law or regulation, to impair the integrity of others without result of total incapacity for work '.
Contravention of 5th class is the highest fines and ensures the offender d be also led a court.

Sources :

. Law No. 2010-1330 the 9 November 2010, concerning pension reform.
. Circular DGT No. 08 the 28 October 2011 relating to the agreements and plans (d) actions in favour of
the prevention of hardship under section L. 138-29 of the code of social security.
. Circular No. 2012-63 the 13 September 2012 – National old age insurance fund
. Order of 30 January 2012 in the matter of the model document laid down in article L l. 4121-3-1 of the labour code
. Labour Code
. Social security code