The Covid-19 pandemic has shed new light on the duties of the employer vis-à-vis its employees. Indeed, never has Article L. 4121-1 of the Labor Code imposed so many constraints on companies.
This text stipulates that a boss must take "the measures necessary to ensure security and protect the physical and mental health of workers", which requires prevention, information and training, but also through the implementation appropriate organization and resources. All while ensuring the adaptation of these provisions "to take into account the change of circumstances and tend to the improvement of existing situations".
A national protocol
Imperative but evolving duty, protecting the health and safety of staff has been a real headache for business leaders since the start of the health crisis. While certain sectors, such as the mass market, have adopted the wearing of masks, gloves and hydroalcoholic gel for several months to be able to continue their activity, many others, which were stopped or had opted for it. remote work, must now take the fold for a gradual return to normal.
To support them, the Ministry of Labor published on May 8 a "National deconfinement protocol for businesses" which complements the advice and professional guide sheets developed for each branch. However, although this booklet is neither binding nor accompanied by direct sanctions, companies have every interest in being inspired by it if they do not want to see their legal responsibility engaged. From a legal point of view, the main thing is to demonstrate that everything has been done to protect employees. This is why these health measures must be taken in collaboration with the Social and Economic Committee (CSE).
Protection in practice
At the top of the list, telework must become the rule, and no longer the exception, whenever it is possible. Otherwise, the return to the employees' office must be done in a fitted environment: staggered hours, duplication of teams, installation of separation screens, spacing of work stations, frequent disinfection of surfaces ... Everything must be done to apply barrier gestures. Masks are limited to situations in which physical distancing is not possible. The government has set a temporary "gauge" to limit the number of people in the rooms. There must be a minimum space of 4 m2 per employee. For example, an open space of 700 m2, usually hosting 50 offices, can only accommodate 33 people for the moment, which implies setting up a rotation of employees present on the site and a traffic plan.
On the other hand, although the State wishes to generalize virological screening tests, systematic campaigns organized by employers for their employees are prohibited. However, a boss is entitled to encourage a symptomatic agent not to go to his workplace or to leave it immediately. He may call on an occupational doctor if necessary. In addition, various initiatives aim to guarantee the proper implementation of health protection measures. Isokan Formation offers, for example, e-learning to create a “Covid-19 referent” within companies, and the Apave group launched its “Safe & Clean” label to reassure customers of establishments open to the public.
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- Coronavirus
- Deconfinement
- Covid 19
- Job
- Company
- Legislation
- Hygiene