Focus on the service offer

The Health Act requires the SPSTI to provide its member companies and their employees with a minimum "core" service offering, which includes the occupational health services' missions in terms of occupational risk prevention, individual worker monitoring and prevention of occupational deintegration.

Focus on mandatory certification

From 31 March 2022, each SPSTI must, within 2 years, undergo a certification procedure.

Zoom on the obligation of publicity and annual report

The SPSTI must now make public and communicate certain information - such as the services it offers or the amount of its membership fees - to its members and to the new regional committee for prevention and occupational health.
The director of the SPSTI must report on the approved actions in an annual report.

"Occupational risk assessment, the key element of the Health Act"

The Health Act provided a framework for the Single Occupational Risk Assessment Document (DUERP).
The results of the occupational risk assessment must now lead, for companies with at least 50 employees, to an annual programme for the prevention of occupational risks and the improvement of working conditions, and for those with fewer than 50 employees, to the definition of risk prevention and employee protection measures.

The introduction of a digital portal on which the DUERP must be filed seems to reflect the adaptation of the current legislation to our era.

Until now, the DUERP had to be updated at least once a year, regardless of the size of the company. While the Health Act made this obligation optional for companies with fewer than 11 employees, it strengthened the system for those with more than 11 employees. It also provides for it to be updated in the event of a decision to make major changes to health and safety conditions or working conditions and when information is provided on the assessment of risks in a work unit.

"The health law follows employees more closely"

As soon as an employee reaches the age of 45, a so-called "mid-career" medical examination must be organised.
If, before the Health Act came into force, the occupational physician was already required to examine workers benefiting from the reinforced individual monitoring system or who had benefited from it, before their retirement, from 31 March 2022, the examination must also take place after the cessation of the workers' exposure to particular risks to their health or safety.

Also, after 30 days' absence from work following an accident or illness, a "liaison meeting" - the purpose of which is to inform the employee that he or she can benefit from measures to prevent occupational displacement, a pre-reinstatement examination or accommodation measures, and in which the disability adviser may now participate - may be organised.

Still with a view to dematerialisation, it is now possible to monitor workers by video transmission, provided that their consent is obtained beforehand.

The Health Act has also changed the duration of the pre-injury examination and the post-injury examination, with the former to be carried out for any absence of more than 30 days and the latter for any absence of 60 days.

"Prevention trainings grouped in a passport"

Provided for in the aforementioned ANI, the prevention passport was enacted by the Health Act. It is filled in by employers, training organisations and the worker and centralises the different health and safety training that an employee has received.

"Prevention of professional deintegration"

In order to prevent the risk of an employee losing his or her job as a result of a health problem, the Health Act created a multidisciplinary unit in the occupational health and safety services, responsible for proposing awareness-raising measures, identifying individual situations and supporting the employee.

The Health Act also renamed the "in-company vocational re-education contract" as a "in-company vocational re-education agreement" and incorporated it into the Social Security and Labour Codes.

"The framework for occupational health and safety training for employee representatives"

The minimum duration of this training has been set at 5 days for the first mandate and, in the event of renewal, at 3 days for each member of the staff delegation, regardless of the size of the company.

Please note: Training has become compulsory for occupational health and safety referents.

"Taking account of multiple exposure to chemical risks"

The rules for preventing risks to the health and safety of workers exposed to chemical risks must, as of 31 March 2022, take into account multiple exposures of workers to several hazardous chemical agents or to a hazardous chemical agent and another occupational risk whose combined effect is particularly harmful to health.

"The fight against areas with a shortage of occupational physicians"

A Corresponding Medical Practitioner (MPC) with training in occupational medicine can now take charge of the medical monitoring of employees, with the exception of the reinforced medical monitoring of employees exposed to particular risks.

"What about medical records?"

In order to improve the occupational physician's knowledge of the state of health of workers, he or she may access the patient's shared medical file (DMC) and add to it, subject to the patient's express consent.
The "occupational health medical file" may be compiled by a health professional other than the occupational physician and may be included in the MCD, with the employee's consent.

"Professional transition, a current problem"

Employees wishing to benefit from a professional transition project (replacing the CIF) must have a minimum length of service, unless they have been absent from work for at least two years prior to their request, as a result of an occupational illness, or an absence of at least six months.