Prevention of hardship at work

The arduousness is characterized by the exposure of the worker to one or more occupational risk factors linked to marked physical constraints, an aggressive physical environment or to certain work rhythms. 10 risk factors are provided for by the Labor Code:

Marked physical constraints

  • Manual handling of loads, that is to say any operation of transport or support of a load including lifting, laying, pushing, pulling, carrying or moving, which requires the physical effort of one or more workers
  • Awkward postures defined as forced positions of the joints
  • Mechanical vibrations transmitted to the hands and arms and those transmitted to the whole body

Aggressive physical environment

  • Hazardous chemical agents, including dust and fumes
  • Activities carried out in hyperbaric environment (high pressure)
  • Extreme temperatures (without taking into account the outside temperatures)
  • Noise

Rhythms of work

  • Night work under certain conditions
  • Work in successive alternating teams (shift work in 3 x 8, 2 x 12…)
  • Repetitive work characterized by the performance of work involving the execution of repeated movements, stressing all or part of the upper limb, at a high frequency and under constrained cadence

Employees concerned

The employees who are the subject of a declaration are identified by evaluating the exposure of each worker with regard to his usual working conditions, assessed, on average, over the year.

To establish its declaration, the employer can however use the positions, trades or work situations defined by an extended collective sectoral agreement or, failing that, by an approved professional sector reference system. When they exist, these employer assistance documents determine workers' exposure to hardship factors, taking into account collective and individual protection measures (article L. 4163-2 of the Labor Code)

The professional prevention account allows the employee to accumulate points for:

  • Go on training to access positions less exposed to hardship
  • Benefit from part-time work without loss of salary
  • Retire earlier

Business obligation

Decree No. 2017-1769 of December 27, 2017 relating to the professional prevention account specifies the obligation for companies with at least 50 employees to initiate negotiations on a hardship prevention plan or, failing that, to establish an action plan.

This obligation arises in two situations :

  • When at least 25 % of employees are exposed to at least one of the 6 risk factors within the framework of the professional prevention account (C2P).
  • From January 1, 2019, when the claims index is greater than 0.25.

The 6 risk factors affected by the hardship system

  • Activities carried out in hyperbaric environment
  • Extreme temperatures
  • Noise
  • Night work 
  • Work in successive alternating teams
  • Repetitive work 

Calculation of the claims index

This loss index is equal to the ratio, for the last 3 years known, between the number of work accidents and occupational diseases charged to the employer's account, and the workforce of the company (excluding commuting accidents).

Example: a company with 120 employees had 5 work accidents in 2015, 8 in 2016 and 6 in 2017, and no occupational disease over the past 3 years.
Its claims index is therefore: (5 + 8 + 6) / 120 = 0.158 <0.25. Assuming that it has less than 25 % of its employees exposed to the 6 factors of C2P, it will not be subject to the obligation to negotiate.

The company agreement

The company or group agreement or, failing that, the action plan, or the extended branch agreement deals with at least two of the following topics:
a) Reduction of multiple exposures to risk factors;
b) Adaptation and layout of the workstation;
c) Reduction of exposure to occupational risk factors.

But also, at least two of the following themes:
a) Improvement of working conditions, particularly at the organizational level;
b) Development of skills and qualifications;
c) Arrangement of the end of the career;
d) Keeping employees exposed to risk factors active.

In the event of no agreement or failure of the action plan carried out, the director of CARSAT may order a penalty equivalent to 1 % of the payroll paid to the employees concerned.

———————

To not miss any news on this subject, do not hesitate to subscribe to our HR Newsletter.

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on email
E-mail

Articles in Relationship

Le Crédit Impôt Recherche allemand : la nouvelle prime fiscale à la R&D

The German Research Tax Credit: the new R&D tax premium! October 1, 2021

Take part in our webinar which will take place on Friday October 1, 2021 from 11:30 am Since March 2021, Germany has fully implemented the new tax bonus system for industrial R&D. With this new funding program, the German government has set itself an ambitious goal of supporting innovation with a budget

The 8th edition of the competition opened on July 29, 2021 and will close on October 5, 2021. The i-Nov Innovation Competition is funded by the State via the Future Investments Program (PIA) and operated by Bpifrance and l & #039; ADEME.

[REPLAY WEBINAR] Innovation competition: Maximize your chances of success!

The i-Nov Innovation Competition is funded by the State via the Future Investments Program (PIA) and operated by Bpifrance and ADEME. It supports the accelerated emergence of companies (start-ups and SMEs) with the potential to become world-class leaders in their field. For the winners, this is an opportunity to obtain co-financing (up to 45%) of their

Financing adapted to the resumption of growth

Financing adapted to restarting growth [White Paper]

“In order to promote the development and sustainable growth of companies, many levers exist to accelerate their innovative projects. In this white paper, you will discover how to reconcile tax systems to support innovation, public aid and subsidies and sources of private funding and how these levers can be articulated to bring out your projects,

Keep in touch !Subscribe to the newsletter

CAPTCHA image

* Please fill in the required fields.

In accordance with the provisions of the regulations on the protection of personal data, GAC, as data controller, processes your data in order to respond to your request related to GAC products and services.
In accordance with the regulations in force, you have the right to access, rectify, delete and oppose your personal data. You can assert these rights by contacting our DPO at: dpo@group-gac.com and by proving your identity. You can also lodge a complaint with the CNIL. Learn more.

Scroll to Top