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The law on occupational health risks at work

Consequences on organizations

Juillet 2011

Are you up to date on the legal provisions regarding prevention and its financial consequences?

Since 9 November 2010, the Hardship Act has laid down new measures to take into account hardship at work.
In particular, it leads to a diagnosis of stressful situations in the company and then the drafting of an agreement or action plan for a maximum period of 3 years, relating to the prevention of stressful situations in all companies with more than 50 employees.
From 1 January 2012, any company not covered by an agreement or action plan will risk a penalty of up to 1% of the remuneration or earnings paid to exposed workers.
The reaction time for companies will therefore be short to finalize an agreement before 31 December 2011.

The 6 questions to consider :​

  • What are the new obligations for the employer to take into account the occupational health risks?

  • What are the legally defined occupational risk factors that fall within the scope of strenuousness?

  • How to carry out a diagnosis of difficult situations within a company?

  • How to promote an agreement and what measures should be taken?

  • What is the economic risk for a company? What must be done to avoid being exposed to this financial sanction?

  • What is the role of the various prevention actors (employers, CHSCT, occupational physician or union representatives)?

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