The employer must, by all means, ensure the safety of his employees and take care to protect their physical and mental health in the workplace. This obligation is particularly reinforced in the current health context (physical or social distancing and wearing of a face masks, recommended remote work, etc.). Any failure to comply may result in severe penalties for the employer.

Medical monitoring of employees

The employer is obliged to ensure the medical surveillance of the employees he employs. To this end, the employer must carry out various formalities, including:

• joining an occupational health service
• having employees undergo various medical examinations (on recruitment and at regular intervals). These include, but are not limited to:
  • the information and prevention visit within a maximum of three months of taking up the job;
  • reinforced individual monitoring for employees exposed to particular risks;
  • the compulsory return visit for employees whose contract has been suspended due to illness or an accident at work resulting in at least 30 days’ absence from work, or due to an occupational illness or maternity leave;
  • the mid-career and end-of-career medical check-ups.

Employee training

Employee training is an essential means of preventing occupational risks. As an employer, you are obliged to inform your employees about occupational risks and their prevention. You are also obliged to train them in safety at their workplace. This training must be adapted to the size of the establishment, the nature of its activity and the risks identified there, as well as to the types of jobs held by the employees.

Obligation to prevent occupational risks – DUERP

All employers (regardless of the number of employees) are required to list all the occupational risks to which employees may be exposed. The DUERP ( document unique d’évaluation des risques professionnels) , a single occupational risk assessment document, is an essential tool for prevention and ensures collective traceability of these exposures.

The DUERP must be updated at least once a year. It must also be updated on the occasion of certain events. As things stand at present, it has had to be updated in particular with regard to the risks associated with Covid-19.
Failure to draw up or update the DUERP may result in a criminal fine and the payment of possible damages to employees.

Occupational health protocol in the context of the Covid-19 epidemic

A national protocol has been drawn up by the Ministry of Labour for employers to ensure the health and safety of employees in the context of the Covid-19 epidemic. Although it is not mandatory, this document lists the main rules and recommendations to be followed in order to protect employees as well as the outside public (clients, service providers, etc.) in the current context.

Occupational health and safety is a major issue for employers who are responsible for the well-being of employees in their working environment. Our employment law lawyers are available to assist and advise you in order to comply with your obligations.