Occupational Health Act 2021: what are the impacts and challenges for employers and employees?

Questions about health and safety at work concern 26 million French employees and their employers, This applies regardless of whether they are covered by a general or agricultural scheme. 4650 Occupational physicians, occupational health nurses, prevention consultants, secretaries and assistants detect, prevent and inform in order to preserve health in the workplace and keep pace with all the changes taking place in the world of work.

Over time, national health strategies have recognized the importance of occupational health and encouraged all players - institutions, health professionals and employers - to step up their actions. The law of August 2, 2021 (occupational health law) reinforces the integration of occupational health into public policy, strengthens prevention and rationalizes the range of occupational health services available to companies. It highlights the link between occupational health and public health, and emphasizes the need for a multidisciplinary collaboration between all occupational health and «public health» professionals.

THE 4 MAIN THRUSTS OF THE LAW OF AUGUST 2, 2021



This reform is built around 4 main axes, all of which have an impact on employers:

Monitoring workers' health


 
  • Medical monitoring of employees can now be carried out by a «Corresponding medical practitioner» to deal with the shortage of occupational physicians.
  • Introduction of a mid-career check-up at age 45 to reinforce prevention actions.
  • Creating a liaison appointment for work stoppages of more than 30 days

 

Strengthening prevention in the workplace


 

OHS services become prevention and occupational health services (SPST) and must make prevention a major focus of their action. In particular, their missions must include advising companies on the preparation of their single occupational risk assessment document, individual health monitoring and prevention of occupational exclusion.

 

The new definition of sexual harassment in the Labor Code


 

The definition of sexual harassment in the Labor Code has been extended. To comply with the law, employers must update its internal regulations. In addition, employers are recommended to set up specific prevention initiatives.

 

Training for employee representatives


 

The Health in the Workplace Act provides for 5 minimum days of health, safety and working conditions training for CSE members. Members of the health, safety and working conditions committee (CSSCT) benefit from an additional 5 days' training.

THE IMPACT OF THE REFORM ON PARENT PLANS



The 2021 Act has an impact on all plans, which must measure the impact on their organization and human resources. The challenge is particularly complex, in a context of growing shortage of medical resources. Every year, the number of occupational health physicians and nurses decreases. For example, the agricultural scheme is facing a shortfall of 35% occupational health physicians, 20% occupational health nurses and 40% chief occupational health physicians.

To address these issues, plans must strengthen their OHS service offering: prevention, individual follow-up and prevention of professional exclusion.

 

RETHINKING ORGANIZATIONS TO MAINTAIN QUALITY SERVICE



It is essential to identify ways of maintaining a quality service for our customers, by imagining concrete solutions, These include delegating tasks, sharing information, strengthening coordination...

Previously perceived as two distinct spheres, occupational medicine and public health medicine now face the same challenges, and are experimenting with similar solutions. In order to make this transformation a success for all employees, cross-functionality and shared approaches will be key.

The shortage of resources and this new reform require us to rethink our organizations in their entirety.

Our health sector



Eurogroup Consulting supports all healthcare players and social protection, central or within networks, in defining and implementing the changes needed to cope with changes in their ecosystem.

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