Prevention of hardship at work : employer’s duty

According to updates of the French Labour Code and the French Social Security Code, the french employers have new obligations and must henceforth  ensure the traceability of exposures to occupational risks. That is why he has to write a prevention of exposures sheet ( a french document called “Fiche de prévention des expositions”)  for the employees who have an arduous work, are exposed to certains hazards.  Then the employer must negotiate an agreement or develop an action plan  that will allow employees who have an arduous work to work longer and to maintain their own health.

Prevention of exposures sheet ( a specific French document called “Fiche de prévention des expositions)
Action plan to prevent hardship at work 
Obligatory topics in the action plan to prevent hardship at work
Plan to prevent hardship at work : control of the French administration

Prevention of exposures sheet (a specific French document called “Fiche de prévention des expositions)

A prevention of exposures sheet ( a specific french document called “Fiche de prévention des expositions) must be done when the worker is working in arduous or hazardous occupations. It must be written on this document when the exposure has started and which preventive measures have been  taken.

” Prevention” is not a very good term because in fact this  document, called in French “Fiche de prévention des expositions” keeps track of professional exposures to harshness factors but do not prevent the professional exposures

A sample sheet is given by the French labor code.
AtouSante proposes a Word template in French for this document   Fiche de prévention des expositions à certains facteurs de risques professionnels

This document must be regularly updated.

What are the differences between the single document for the evaluation of occupational risks and this sheet of prevention of exposures ( a specific french document called “Fiche de prévention des expositions) ?

The single document for the evaluation of occupational risks which is compulsory in any company since 2001 is  essentially a tool for service  while this sheet of prevention of exposures  concerns the worker, keeps track of all the exposures to harshness factors.

This sheet ( a specific French document called “Fiche de prévention des expositions) must be transmitted :

  • to the occupational physician who keeps it safely in the medical record of occupational health,
  • to the employee when he leaves the company,
  • but also to the employee on sick leave ( when he has stopped to work for at least 30 days for occupational work or occupational disease, or 3 months for another disease).

The employer can be assisted to establish this sheet (a specific French document called “Fiche de prévention des expositions) :

Action plan to prevent hardship at work

The French Social Security Code (‘article L138-29 ) explains when an action plan to prevent hardship at work must be established.

Only the companies which are employing more than  50 workers  have to negotiate about arduousness at work if at least 50 per cent of their employees are exposed to occupational risks which evokes tough working conditions at work

 Obligatory topics in the action plan to prevent hardship at work

According to The French Social Security Code,  6 topics are planned
At least 1 of this 2 issues must be discussed in the action plan to prevent hardship at work  :

  • reducing  the professional exposure to harshness factors, by implementing actions to eliminate or at least reduce  these harshness factors,
  • work stations layout.

At least 2 of this 4 issues must be discussed in the action plan to prevent hardship at work  ;

  • Improvement of working conditions ( labour organisation, etc),
  • skills development,
  • adopting positive measures relating to the end of working life,
  • keeping people at work,  preventing the professional exclusion of employees.

Plan to prevent hardship at work : control of the French administration

When an agreement is  negotiated or an action plan developed, the employer has to forward it to the Regional and “Departmental” Labour, Employment and Vocational Training Directorates, called in French, DRTEFP – Direction Régionale du Travail, de l’Emploi et de la Formation Professionnelle.

It is the employer who decides which is the proportion of workers having an arduous work and he notes it in the single document for the evaluation of occupational risks.

If the plan to prevent hardship at work is not made or is considered to be insufficient by the labour Inspector, he notifies it to the employer. The manager has then  6 months to make corrections. If it is not done, the Regional and “Departmental” Labour, Employment and Vocational Training Directorates, (called in French, DRTEFP – Direction Régionale du Travail, de l’Emploi et de la Formation Professionnelle), may penalise the company.


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