After the suspension of the vaccination pass and the end of the wearing of the compulsory mask, a new page will turn on Monday March 14: the exceptional rules in companies facing Covid-19, in force since spring 2020, will cease to apply. from this date, announced Tuesday March 8 the Minister of Labor, Élisabeth Borne.

But nothing will prevent employers from imposing protective measures, say lawyers.

The latest version of this reference document "to ensure the health and safety of employees and the pursuit of economic activity in the face of Covid-19", updated on February 28, has no less than 25 pages.

It provides in particular for rules of distancing in offices or in canteens, which are therefore also likely to “disappear”, according to the minister.

"We are going to resume normal rules in business", she summarized, while specifying that it would be necessary "to continue to apply hygiene rules", such as washing hands, cleaning surfaces and room ventilation.

A small replacement guide

“Here is the end of the tunnel”, immediately rejoiced on Twitter the Union of local businesses (U2P), which brings together artisans, small traders and liberal professions.

As for teleworking, "we had already given control back to companies", and it therefore already depends on "rules which are defined in social dialogue within companies", recalled the minister.

Since February 2, telework is no longer imposed but only “recommended”.

A brief guide on "measures to prevent the risks of Covid-19 contamination outside of an epidemic situation", shared by the minister with the social partners, must replace the protocol.

“In the current circumstances where the virus continues to circulate, employees who wish to do so will be able to continue to wear a mask, without the employer being able to oppose it”, indicates in particular this guide.

But even if the protocol disappears, the Ministry of Labor recalls in its guide that the employer must “evaluate the risks of exposure to the virus” and “implement preventive measures” aimed at eliminating these risks at the source.

"The employer remains responsible"

Clearly, "the employer remains responsible for health and safety at work", underlines to AFP Déborah David, lawyer in social law at De Gaulle Fleurance.

So "if he considers that there is a specific risk due to the activity for example, he can impose the wearing of a mask".

"It would be difficult to impose completely unilaterally because most employees are a bit fed up with the constraints", but this can be specified "in a memorandum attached to the internal regulations" and with a limited duration or through a consultation of the staff representative bodies, she says.

Maintaining the wearing of the mask “for a reasonable period of time to see if there is a resumption or not of the epidemic” would be “legitimate for employers”, estimates the lawyer, evoking “a precautionary measure”.

Also a specialist in labor law, Me Éric Rocheblave stresses for his part that the health protocol is only a "set of recommendations, as the Council of State had recalled" at the end of 2020. He in turn invites companies to "caution", especially, he says, that "the incidence rate goes up in certain regions" after the first returns from the school holidays.

Hospitals still had 22,208 patients hospitalized with a diagnosis of Covid-19 on Monday (including 1,274 admitted in 24 hours), including more than 2,000 in critical care departments.

And what about an employee who refuses to wear the mask imposed by his employer?

For Me David, "this could be considered insubordination unless it is demonstrated, as part of his right of withdrawal, that wearing a mask would present a serious and imminent danger to his health, which is highly unlikely".

Same observation of Éric Rocheblave, for whom "the employee must respect the health and safety instructions of the employer under penalty of disciplinary sanctions".

For the others, "we will be able to rediscover the smile of his colleagues", welcomed Élisabeth Borne.

With AFP

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