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Communication dans un congrès Année : 2023

The legal system of the occupational health in France

Résumé

The aim of the presentation is to provide material for thought and put occupational health into perspective in the light of recent legal developments in France. An entire part of the French Labor Code is dedicated to health and safety at work. This is the only part of the Labor Code that applies to both employees and civil servants. Health and safety obligation is the basis of all OSH policies in the company. This obligation is in charge of the employer, and is particularly important because he is considered as the main player for planning a prevention program and for implementing it. The employees must also fulfill a health and safety obligation, but the employer must give them the means to enforce it. The application of this obligation by the employer is controlled by the courts through the implementation of nine general principles which employers must respect. However, their obligation of prevention also depends on the instruments provided by labor law. Labor law provides employers with legal provisions and obligations that can be useful instruments for implementing a policy to prevent occupational risks and endure health protection in the workplace. These include the ‘Occupational Risks Assessment Document’ (DUERP), rules of procedure, the ‘occupational record sheet,’ the obligation to provide information and training, the right to alert and the right of withdraw, and the implementation in good faith of the employment contract. If the employer is the leader of the prevention policy in the workplace and is in charge of the prevention program, he is assisted by the occupational health service and the Social and Economic Committee (CSE) which is the employees representative body. He is also assisted by external actors as OSH public organizations and controlled by labor inspectors. They are responsible for enforcing the Labor Code provisions and collective agreements and OSH provisions. In addition, the presentation will bring the light on Law no. 2021-1018 of August 2, 2021 for strengthen prevention in occupational health. This law had the ambition to consider the national interprofessional agreement (ANI) concluded by the social partners on December 9, 2020 to strengthen occupational health prevention. This law is split into four areas of reform: 1. Strengthen prevention within companies by decompartmentalizing public health and occupational health, notably by reinforcing the content of the Occupational Risks Assessment Document (DUERP), and by extending the missions of occupational health services (SSTs) to include the assessment and prevention of occupational risks within the company, as well as actions to promote health in the workplace. SSTs became occupational health and prevention services (SPSTs). 2. Improving the quality of services provided by occupational health services, particularly in terms of prevention and support. 3. Reinforcing support for vulnerable groups, and combat professional exclusion. 4. Reorganizing the governance of occupational health by adapting the internal organization of SPSTs, broadening the conditions under which occupational physicians can delegate part of their duties to other health professionals in the service, and strengthening national steering.
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Dates et versions

halshs-04217425, version 1 (25-09-2023)

Identifiants

  • HAL Id : halshs-04217425 , version 1

Citer

Loïc Lerouge. The legal system of the occupational health in France. 3rd Congress of the Japan Association of Occupational Health Law, Japan Association of Occupational Health Law, Sep 2023, Tokyo (JP), France. ⟨halshs-04217425⟩
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Dernière date de mise à jour le 28/04/2024
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