Health and prevention at work: what changed in March 2022
Since March 31, 2022, the law of August 2, 2021 (Strengthening prevention within companies and breaking down barriers between public health and occupational health) has been reinforced by new measures. Good news: monitoring employees‘ health in the workplace will be strengthened, as will prevention! For you, we’re outlining its main modalities.
For better monitoring of workers’ health
E-health serving workers
The effects of the law start immediately: since March 31, employees can now request medical visits… Remotely! Indeed, if the employee agrees and the device allowing the online medical visit respects the confidentiality of exchanges between the employee and the practitioner, it is entirely possible to conduct the appointment via videoconference. However, beware: this should not become automatic. This system is put in place to facilitate scheduling appointments with a doctor, not to replace physical appointments.
New appointments for health and prevention at work
And occupational reintegration is once again a major issue. Indeed, every employee must now undergo a mid-career visit. And what’s the goal here? Detecting risks early on. This visit must be done at the age of 45 and can occur at the same time as another medical visit scheduled within two years preceding the employee’s 45th birthday. Among these visits, we can have:
- a return-to-work visit;
- a periodic visit;
- or an information and prevention visit.
Additionally, another appointment is now accessible to employees. Now, if a sick leave lasts beyond 30 days, the employer can ask their employee if they wish to have a liaison appointment. And this can occur during sick leave, as well as alongside the occupational health and prevention service.
Attention, this appointment is not a medical visit. Its main objective is to maintain a connection with the employee, but above all to inform them. It’s the moment for the company to indicate to the employee on sick leave that they are entitled to benefit from:
- actions to prevent professional disinsertion;
- pre-return examination;
- and also measures to adjust, adapt, or transform their workstation.
Furthermore, the pre-return visit is also reinforced. Now, it can be offered to employees on sick leave for more than 30 days. That’s not all: the occupational physician can also initiate this visit. This is possible when the employee’s return to their workstation is planned in advance.
During this visit, the occupational physician can really help preserve the employee’s health. How? Well, they can propose workstation adjustments, taking into account the person’s health status.
An opening to the right to training for unfit or at-risk employees
Now, disabled workers are no longer the only ones concerned by the Professional Rehabilitation Convention in the company: employees who are considered unfit or at risk by an occupational physician can also benefit from this program. And what does this mean in concrete terms? They will have 18 months – or less, if they wish – to train for a new profession within their current company or another, all while retaining their employment contract and associated remuneration.
General practitioners, new allies of occupational medicine
Starting from January 1, 2023, the medical follow-up of the employee can be carried out by a general practitioner working alongside the occupational physician. These doctors are called “corresponding practitioner physicians.”
Expanded health and prevention monitoring
Finally, it is important to note that occupational health monitoring is no longer reserved solely for employees of companies. It also includes temporary workers, employees of subcontracting companies, as well as providers and self-employed workers.
For strengthening prevention at work
An evolution of Occupational Health Services
Something also changed on April 1, 2022. Occupational Health Services (OHS) adopted a new letter, “P,” for Prevention. They thus became the Prevention and Occupational Health Services. As a result, their objectives and tasks have evolved. Now, these services…
- carry out actions to promote health in the workplace;
- assess and prevent occupational risks;
- conduct vaccination and screening campaigns;
- etc.
And that’s not all. New developments are found in a decree in the Official Journal of April 26, 2022. Now, all Prevention and Occupational Health services are required to carry out several missions.
PREVENTION OF PROFESSIONAL RISKS
Prevention and Occupational Health Services must offer enhanced advisory services, as well as support for companies in designing the single document for the assessment of occupational risks. Additionally, they must carry out actions to prevent risks to workers’ health.
INDIVIDUAL MONITORING OF EMPLOYEES’ HEALTH STATUS
And this, for each employee. Throughout their activity. How? Prevention and Occupational Health Services will implement a set of follow-ups and medical visits as stipulated by regulations.
PREVENTION OF PROFESSIONAL DISINSERTION
Once again, it is noted that professional disinsertion is a real issue in this update of the law of August 2, 2021. Now, Prevention and Occupational Health Services will have to set up an operational unit to support workers who are at risk of leaving their employment due to their health condition.
Evolution of modalities for the Single Document for Risk Assessment
It is no longer solely the employer’s responsibility: the creation of the Single Document for Risk Assessment must now be carried out collaboratively with other stakeholders:
- occupational health referents,
- members of the CSE (Social and Economic Committee of the company);
- and Prevention and Occupational Health Services.
Additionally, it must be kept for 40 years.
A new passport for employees
Starting from October 1, 2022, employees can have what is called a prevention passport. It contains all information about the operator’s health and safety.
Focus on the training of employee representatives
Health and prevention at work also involve training. That’s why the law offers members of company CSEs a minimum of 5 days of health, safety, and working conditions training. And if they renew their mandate? They will have an additional 3 days of training.
CSE members are not the only ones affected: those of the CSSCT (Health, Safety, and Working Conditions Committee) are as well. Indeed, they are entitled to an additional 5 days of training.
On this subject, Moovency offers training that can be useful to employee representatives: from general TMS training where they can acquire the basics, to Action training, where they can become active participants in prevention.
Feel free to contact us to learn more!
