© - ATH all rights reserved - Edition 2024 65 2024 EMPLOYER’S GUIDE The employee’s occupational safety account is credited with points on the basis of the employer’s statements via the DSN. This account allows the employee to fund training, a switch to part-time, professional retraining or early retirement. The occupational safety account is funded and managed by the workplace accidents and occupational illnesses branch of the French National Health system. Ask us about the methods for assessing « hardship » risk factors. There are sector-based repositories help identify exposed posts. Companies with at least 50 employees of which at least 25 % are exposed to occupational health risk factors or have a certain rate of work place accidents/occupational illnesses, must sign a company agreement relating to the prevention of « hardship » risks. Otherwise they are subject to a penalty. WORKPLACE FIRST AID In consultation with occupational health, the employer must organise a system to provide emergency care to injured or sick employees. This involves in particular : putting procedures into place which are to be followed in an emergency until emergency services arrive, equipping work premises with first aid equipment, the presence of an employee trained in first aid in workshops where hazardous work is carried out. MEDICALS The organisation of medicals is part of the employer’s safety obligations. • For new employees : initial medical or fitness for work examination for employee assigned to a position with particular risks. • During a contract : medicals carried out at intervals set by occupational health. • Back-to-work medical after maternity leave or an absence due to occupational illness, an absence of at least 30 days when this is due to an accident at work or an absence of at least 60 days due to a non-occupational illness. An employee can only return to work after a period of suspension after the back-towork medical. • Mid-career medical visit : it must be conducted by the occupational health doctor during the calendar year in which the employee turns 45, or at any time set by the sector agreement. • End-of-career medical visits for employees benefiting from increased medical screening : to be conducted by the occupational health doctor as soon as possible after the end of exposure to hazards in the workplace, if this exposure stopped before the end of career, or otherwise before retirement. SANCTIONS The employer has a duty to ensure the safety of its employees. This obligation also applies in relation to psychological or sexual harassment, physical or psychological abuse and discrimination. If a risk is established or occurs, the employer assumes liability unless it demonstrates that it has taken necessary and sufficient preventive measures to avoid it. Any employee can claim the termination of his/her employment contract when the employer has not fulfilled its safety obligations, such claim then having the effects of unfair dismissal. Breaches of occupational health and safety rules are recorded by the employment inspectorate and criminally sanctioned.
RkJQdWJsaXNoZXIy MjQ1OTI5OA==