Occupational risk factors: when and how to implement an agreement

Verified 25 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The exposure of employees to certain occupational risks may have consequences for their health. In order to enable them to continue their professional activity while preserving their health, specific preventive measures are put in place. Some companies must negotiate an agreement to prevent the effects of exposure to certain risk factors. We are taking stock of the regulations.

Step-by-step approach

The aim of the agreement is to prevent hardship and thus enable employees to work longer hours while maintaining their health. It must enable employees exposed to occupational risk factors to benefit from measures to eliminate or reduce such risks.

The obligation to negotiate an agreement depends on the following 2 criteria:

  • Number of staff in the company
  • Proportion of employees exposed to occupational risk factors

Number of staff in the company

The company of at least 50 employees or belonging to a group of at least 50 employees is concerned.

Please note

This obligation concerns:

  • Company of private law
  • Combination
  • Epic: titleContent
  • public company
  • Public Administrative Institution (EPA) for its private law staff

Proportion of employees exposed to occupational risk factors or disaster index

The company is concerned if it meets one of the following 2 criteria:

  • 25% of the workforce is exposed to one or more of the following occupational risk factors, beyond planned thresholds :
    • Activities carried out in the environment hyperbaric
    • Extreme Temperatures
    • Noise
    • Night work
    • Work in alternating shifts
    • Repetitive Work
  • The disaster index overshoot 0.25

The Carsat: titleContent calculates and communicates to the employer its claims index.

Companies that may be dispensed

Companies with between 50 and less than 300 employees, or belonging to a group of less than 300 employees, already covered by a extended branch agreement on occupational risks are exempt from negotiating an agreement or drawing up an action plan.

The employer must establish a diagnosis exposure of employees to 10 occupational risk factors following:

  • Manual Load Handling
  • Uncomfortable postures
  • Mechanical vibration
  • Dangerous chemical agents
  • Activities carried out in the environment hyperbaric
  • Extreme Temperatures
  • Noise
  • Night work
  • Work in alternating shifts
  • Repetitive Work

The objective of this diagnostic is to identify the risks exploded by the company's employees in order to put in place relevant preventive measures.

The employer commences the negotiation of an agreement. This agreement provides for preventive measures arising from prior diagnosis.

Please note

Negotiations can be integrated into the annual negotiations on gender equality and quality of life at work.

Topics covered by the collective agreement

The agreement must address at least 2 of the following 3 themes:

  • Reduction of polyexposures to risk factors
  • Adaptation and fitting-out of the workstation
  • Reduce exposure to occupational risk factors

The agreement must also address at least 2 of the following 4 themes:

  • Improvement of working conditions, including organizational aspects
  • Development of skills and qualifications
  • End-of-career planning
  • Retention of employees exposed to occupational risk factors

For these four themes, the agreement specifies the measures allowing employees with a prevention business account (C2P) to assign the points earned for one of the following 2 uses:

  • Financing of a training activity to access posts not exposed or less exposed to occupational risk factors
  • Financing of a supplement to pay for a reduction in working time (part-time)

Follow-up to the agreement

The Agreement provides for the conditions for monitoring the effective implementation of these measures.

Each chosen theme is accompanied by quantified objectives and output indicators.

These indicators shall be communicated at least once a year to the Social and Economic Committee (ESC).

Maximum duration of the collective agreement

The agreement is concluded for a maximum of 3 years.

If, at the end of the negotiation, no agreement is reached, a record of disagreement shall be drawn up.

The employer then alone draws up an action plan (at company or group level), after the Social and Economic Committee (ESC).

The action plan provides for preventive measures arising from prior diagnosis.

Please note

The employer also develops an action plan in the absence of negotiation.

Themes covered by the action plan

The action plan must address at least 2 of the 3 themes:

  • Reduction of polyexposures to risk factors
  • Adaptation and fitting-out of the workstation
  • Reduce exposure to occupational risk factors

The plan must also address at least 2 of the following 4 themes:

  • Improvement of working conditions, including organizational aspects
  • Development of skills and qualifications
  • End-of-career planning
  • Retention of employees exposed to occupational risk factors

For these four themes, the action plan specifies the measures to enable employees with a prevention business account (C2P) to assign the points earned for one of the following 2 uses:

  • Financing of a training activity to access posts not exposed or less exposed to occupational risk factors
  • Financing of a supplement to pay for a reduction in working time (part-time)

Follow-up to the action plan

The Action Plan sets out the conditions for monitoring the effective implementation of these measures.

Each chosen theme is accompanied by quantified objectives and output indicators.

These indicators shall be communicated at least once a year to the Social and Economic Committee (ESC).

The agreement or action plan accompanied by the record of disagreement shall be deposited with the Dreets: titleContent.

The process is done on the Internet:

TeleAgreements - Collective company Agreement Filing Service

Dreets informs the pension and occupational health insurance fund (Carsat) of this deposit.

Control of administration

Where the labor inspectorate control officer finds that the company is not covered by a collective agreement or action plan, he or she shall formal notice the employer, by letter RAR: titleContent, to remedy this situation.

The employer has 6 months to negotiate a collective agreement or establish an action plan.

Please note

The Carsat: titleContent informs Dreets if the company is not covered by an agreement or action plan.

Penalty

Where the employer does not communicate the documents requested to the labor inspection officer within the six-month period, he may be sanctioned by the Dreets: titleContent.

Dreets decides whether to sanction the employer. In the event of a penalty, it shall send him a notification argument setting the penalty rate applied.

The rate of this penalty may not be higher than 1% the wage bill paid in the periods in respect of which the company is not covered by the agreement or action plan.

Who can help me?

Find who can answer your questions in your region

  • Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)

    https://dreets.gouv.fr/

    Search for DDETS on the interactive map by clicking on the department desired.