Samia Benmahrez
Our occupational injury and disease expert has put together a selection of not-to-be-missed news on occupational injury and disease.
Fatal workplace accident: what are the new obligations?
Decree no. 2023-452, published in the Journal Officiel of June 9, 2023, amends the French Labor Code and introduces a new obligation to provide information on workplace accidents.
In the event of a fatal workplace accident, the employer is now obliged to inform the labor inspector within 12 hours of the employee's death.
The deadline for informing the labour inspector can be adjusted if the employer can prove that he only became aware of the worker's death after the deadline had already passed. In this case, the employer has twelve hours from the time of discovery to inform the inspector. This information must be sent by any means that confers a certain date on the notification.
And in the event of default?
Failure to comply with the obligation to inform the labor inspectorate is punishable by a fifth-class fine. The penalties are 1,500 euros for individuals and 7,500 euros for corporate bodies. In the event of a repeat offence, the fines are increased to 3,000 and 15,000 euros respectively.
DAT now on your corporate account!
Employers are obliged to draw up a declaration of accident at work or commuting accident (DAT). He has 48 hours in which to do so, from the moment he becomes aware of the accident. The employer has 10 clear days from the date on which the declaration is drawn up to make a reasoned reservation regarding the professional nature of the accident.
Until now, the employer can declare an accident at work (or commuting accident):
- Or online via Net-entreprises under the DAT tab,
- Or by sending form 14463*03 by registered letter with acknowledgement of receipt.
To facilitate this process, it is It is now possible to make your declaration online on the Net-entreprises website, under the "Compte Entreprise" block. The service has been improved to simplify the data entry process and provide the employee with a care sheet immediately.
You must meet two mandatory conditions to access this service:
- To be authorized to " DAT - declaration of accident at work or commuting accident "on net-entreprises.
- To be authorized to " Company account - Your health and occupational risk procedures "on net-entreprises.
To obtain these authorizations, you need to ask your company's Net-entreprises administrator to add you as a declarant by going to the personalized menu on the Net-entreprises site, clicking on "Gestion" and then on "Gérer les habilitations". You can find the procedure here on the Net-entreprises website.
Eventually, the Enterprise account will be the point of entry for all exchanges between the employer and the Assurance Maladie (work accident declaration, requests for sick leave, pricing, questionnaires to be completed during the investigation of a work accident or occupational disease, etc.).
Our expert's monthly reading recommendation: "How is the effective AT rate calculated?"
For this month's reading tip, Samia recommends the INRS legal focus, which sets out the procedures for calculating a company's workforce, and in particular the number of employees taken into account when calculating the rate of occupational injury contributions.
Topics covered:
- Why is headcount calculation important?
- Which employees are taken into account?
- Which employees are excluded?
- How is it calculated?
