Occupational accident suffered by a temporary employee
The occupational accidents and commuting accidents are the main risk among the temporary workers. .An accident at work is a fortuitous event causing bodily harm that is usually easily observable. It is also something that has happened at a specific time and a known place.
What formalities are required in case of an occupational accident in a temporary worker
Cost of an occupational accident
Occupational accident: user company’s liability
Training safety of the temporary workers
Personal protective equipment, PPE
The agency for temporary personnel is the employer and has to :
- send to the Social security within 48 hours the work accident declaration
- and then to arrange a reinstatement visit with the occupational physician when worker has stopped to work at least for 30 days.
The temporary worker has to :
- declare the accident to the user undertaking within 24 hours,
- to inform the temporary agency within 24 hours,
- to fill in a specific form called in French “information préalable à la déclaration d’accident du travail” : formulaire S 609
He must send it to the temporary agency, the labor inspector and the Regional health insurance prevention service, called in French CARSAT, Caisse d’Assurance Retraite et de Santé au Travail.
In case of serious industrial accident, the worker should contact FASTT : Fonds d’Action Social du Travail Temporaire at the following number : 0800 28 08 28.
The user undertaking has to inform within 24 hours :
- the temporary agency,
- the Regional health insurance prevention service, called in French CARSAT, Caisse d’Assurance Retraite et de Santé au Travail,
- the labour inspectorate.
The cost is spread over the temporary agency and the user undertaking.
Calculating the rate of occupational accident contribution :
- a third for the user undertaking, .
- two thirds for the temporary agency.
The user company’s liability may be held liable in case of inexcusable conduct ( called in French faute inexcusable).
According to the French labor code (Article L. 1251-42), the contract between the user company and the temporary employment agency ( called in French contrat de mise à disposition), specifies the risks to the health and safety at the workstation.
The user company has to list the workstations with exposure to risks for health and security. The occupational physician and the Health, safety and working conditions Committee give their opinion on these issues. In case of any special health and safety risks, a rigorous standard of safety is necessary for the temporary workers.
The user undertaking is required to provide the personal protective equipments to the temporary workers.
However, some customised equipments may be provided by the temporary agency ( helmets, safety shoes, etc) : in the case in point, it must be recorded in the contract between the user company and the temporary employment agency.
The user undertaking must ensure that temporary workers do wear the individual protection equipments.
You can also read the following posts :
- Prohibited works by temporary workers
- Temporary contract of employment
- Medical surveillance of temporary workers
- Occupational accident : definition