Law Of July 20, 2011 Relating To The Organization Of Occupational Medicine
LexInter | October 11, 2011 | 0 Comments

Law Of July 20, 2011 Relating To The Organization Of Occupational Medicine

LAW No. 2011-867 of July 20, 2011 on the organization of occupational medicine (1)

The National Assembly and the Senate have adopted,

The President of the Republic promulgates the law whose content follows:

Article 1

I. – The labor code is thus amended:

1 ° Articles L. 4622-2 and L. 4622-4 are worded as follows:
“Art. L. 4622-2. – The sole mission of the occupational health services is to prevent any deterioration in the health of workers as a result of their work. To this end, they:
“1 ° Carry out health actions at work, with the aim of preserving the physical and mental health of workers throughout their professional career;
“2 ° Advise employers, workers and their representatives on the provisions and measures necessary to avoid or reduce occupational risks, improve working conditions, prevent the consumption of alcohol and drugs in the workplace. work, to prevent or reduce hardship at work and professional disinsertion and to help keep workers in employment;
“3 ° Monitor the state of health of workers according to the risks concerning their safety and health at work, arduousness at work and their age;
“4 ° Participate in monitoring and contribute to the traceability of occupational exposures and health monitoring. “
” Art. L. 4622-4. – In occupational health services other than those mentioned in Article L. 4622-7, the missions defined in Article L. 4622-2 are performed by occupational physicians in complete independence. They carry out their actions in coordination with employers, members of the health, safety and working conditions committee or staff representatives and the persons or organizations mentioned in Article L. 4644-1. “;
2 ° Section 2 of Chapter II of Title II of Book VI of Part Four is supplemented by Articles L. 4622-8 to L. 4622-10 worded as follows:
“Art. L. 4622-8. – The missions of the occupational health services are carried out by a multidisciplinary occupational health team comprising occupational physicians, professionals in the prevention of occupational risks and nurses. These teams may be supplemented by assistants from occupational health services and professionals recruited after consultation with occupational physicians. The occupational physicians lead and coordinate the multidisciplinary team.
“Art. L. 4622-9. – The occupational health services include a social work service or coordinate their actions with those of the social work services provided for in article L. 4631-1.
“Art. L. 4622-10. – The priorities of the occupational health services are specified, in accordance with the general missions provided for in Article L. 4622-2, the guidelines of the national policy in terms of protection and promotion of health and safety at work. work, improvement of working conditions, as well as its regional component, and according to local realities, within the framework of a multi-year contract of objectives and means concluded between the service, on the one hand, the administrative authority and the competent social security bodies, on the other hand, after consulting the employers’ organizations,
“The agreements provided for in Article L. 422-6 of the Social Security Code are annexed to this contract.
“The duration, the conditions of implementation and the modalities of revision of the contracts of objectives and means provided for in the first paragraph are determined by decree. “;
3 ° Article L. 4622-8 becomes article L. 4622-17;
4 ° Subsection 2 of the sole section of Chapter III of Title II of Book VI of Part Four is supplemented by an article L. 4623-8 as follows:
“Art. L. 4623-8. – Under the conditions of professional independence defined and guaranteed by law, the occupational physician performs the missions assigned to him by this code. “;
5 ° Chapter IV of the same title II is thus amended:
a) The title is worded as follows: “Actions and resources of members of multidisciplinary occupational health teams”;
b) An article L. 4624-4 is added as follows:
“Art. L. 4624-4. – Decrees of the Council of State specify the modalities of action of the personnel contributing to the occupational health services as well as the conditions of application of this chapter. “;
6 ° Title IV of Book VI of Part Four is amended as follows:
a) In its title, after the word: “Institutions”, the words: “and persons” are inserted;
b) A chapter IV is added as follows:

“Chapter IV

“Assistance to the employer for the management of health
and safety at work

“Art. L. 4644-1. – I. – The employer designates one or more competent employees to take care of the company’s professional risk protection and prevention activities.
“The employee or employees thus designated by the employer benefit, at their request, from training in occupational health under the conditions provided for in Articles L. 4614-14 to L. 4614-16.
“Failing that, if the skills in the company do not allow these activities to be organized, the employer can appeal, after consulting the health, safety and working conditions committee or, in his absence, the delegates. staff, professionals in the prevention of occupational risks belonging to the inter-company occupational health service to which they belong or duly registered with the administrative authority having skills in the field of prevention of occupational risks and the improvement of working conditions. job.
“The employer can also call on the prevention services of the social security funds with the support of the National Research and Security Institute as part of the prevention programs mentioned in article L. 422-5 of the code. social security , the professional body for the prevention of construction and public works and the National Agency for the improvement of working conditions and its network.
“This call for skills is carried out under conditions guaranteeing the rules of independence of the medical professions and the independence of the persons and organizations mentioned in this I. These conditions are determined by decree of the Council of State.
“II. – The terms of application of this article are determined by decree. “
II. – 6 ° of I comes into force on the date of publication of the decrees provided for in II of Article L. 4644-1 of the Labor Code and no later than June 1, 2012.
III. – The authorization to intervene in the prevention of occupational risks issued before the date of entry into force of this law is equivalent to registration, within the meaning of Article L. 4644-1 of the Labor Code, for a period of three years from the date of promulgation of this law.
IV. – At the end of a period of eighteen months from the promulgation of this law, the clauses of collective agreements comprising obligations in terms of medical examinations carried out by the occupational physician are different from those provided for by the Labor code or the rural and maritime fishing code are deemed to have lapsed.

Article 2

Chapter IV of Title II of Book VI of Part Four of the Labor Code is supplemented by an article L. 4624-3 worded as follows:
“Art. L. 4624-3. – I. – When the occupational physician observes the presence of a risk to the health of workers, he proposes in a reasoned and detailed writing measures aimed at preserving it.
“The employer takes these proposals into consideration and, in the event of refusal, gives written notice of the reasons that oppose it being acted upon.
“II. – When the occupational physician is referred by an employer to a matter relating to the missions assigned to him in application of article L. 4622-3, he makes his recommendations known in writing.
“III. – The proposals and recommendations of the occupational physician and the employer’s response, provided for in I and II of this article, are made available, at their request, to the health, safety and working conditions committee. or, failing that, staff representatives, the labor inspector or controller, the medical labor inspector or agents of the prevention services of social security bodies and bodies mentioned in Article L. 4643-1. “

Article 3

Section 2 of Chapter II of the same Title II is supplemented by an article L. 4622-11 as follows:
“Art. L. 4622-11. – The occupational health service is administered jointly by a council made up of:
“1 ° Employer representatives appointed by the member companies;
“2 ° Representatives of employees of member companies, appointed by representative trade unions at national and inter-professional level.
“The president, who has a casting vote in the event of a tie, is elected from among the representatives mentioned in 1 °. It must be active.
“The treasurer is elected from among the representatives mentioned in 2 °.
“The terms of application of this article are determined by decree. “

Article 4

The same section 2 is supplemented by an article L. 4622-12 as follows:
“Art. L. 4622-12. – The organization and management of the occupational health service are placed under the supervision:
“1 ° Either of an inter-company committee formed by the concerned works councils;
“2 ° Or a control commission composed for one third of representatives of employers and for two thirds of representatives of employees. Its chairman is elected from among the employee representatives. “

Article 5

The same section 2 is supplemented by articles L. 4622-13 and L. 4622-14 worded as follows:
“Art. L. 4622-13. – In the inter-company occupational health service, a medico-technical commission is responsible for formulating proposals relating to the priorities of the service and to multidisciplinary actions carried out by its members.
“Art. L. 4622-14. – The inter-company occupational health service, within the medico-technical commission, draws up a multi-year service project which defines the service’s action priorities and which falls within the framework of the planned objectives and resources contract in Article L. 4622-10. The project is subject to the approval of the board of directors. “

Article 6

Article L. 1237-15 of the same code is supplemented by a paragraph worded as follows:
“For occupational physicians, contractual termination is subject to the authorization of the labor inspector, after consultation with the labor inspector. “

Article 7

After article L. 4623-5 of the same code, an article L. 4623-5-1 is inserted as follows:
“Art. L. 4623-5-1. – The termination of the fixed-term employment contract of a company doctor before the end of the term due to serious misconduct or medical incapacity, or at the end of the term when the employer does not envisage to renew a contract including a renewal clause, can only take place after authorization from the labor inspector on whom the occupational health service depends, after consulting the medical labor inspector, under the conditions provided for in article L. 4623-5. “

Article 8

After article L. 4623-5 of the same code, an article L. 4623-5-2 is inserted as follows:
“Art. L. 4623-5-2. – The end of the fixed-term employment contract does not result in its termination until the labor inspector has noted that it is not related to the exercise of the duties of occupational physician and is not does not constitute a discriminatory measure.
“The employer seizes the labor inspector one month before the end of the term.
“The labor inspector decides before the end of the contract. “

Article 9

After article L. 4623-5 of the same code, an article L. 4623-5-3 is inserted as follows:
“Art. L. 4623-5-3. – The transfer of an occupational doctor included in a partial transfer of an occupational health service by application of article L. 1224-1 can only take place after authorization from the labor inspector on whom the health service depends. at work, after consulting the work inspector. The labor inspector ensures that the transfer is not related to the performance of the duties of the occupational physician and does not constitute a discriminatory measure. “

Article 10

I. – In chapter V of title II of book VI of the fourth part of the same code, an article L. 4625-2 is inserted as follows:

“Art. L. 4625-2. – An extended branch collective agreement may provide for exemptions from the rules relating to the organization and choice of the occupational health service as well as from the procedures for monitoring the state of health of workers when these exemptions do not apply. not have the effect of modifying the frequency of medical examinations defined by this code.
“These exceptions concern the following categories of workers:
“ 1 ° Artists and intermittent entertainment technicians;
“2 ° Mannequins;
“3 ° Employees of the individual employer;
“4 ° Travelers, representatives and ushers.
“The collective branch agreement extended after the opinion of the National Council of the Order of Physicians may provide for the medical monitoring of the employees of the private employer and of the models to be carried out by physicians not specialized in occupational medicine who sign a protocol with a inter-company occupational health service. These protocols provide for guarantees in terms of the training of non-specialist doctors, the modalities of their exercise within the occupational health service as well as the incompatibility between the function of medical practitioner of the worker or the employer and the medical follow-up. of the worker provided for in the protocol. These provisions do not preclude the application of the
“In the event of difficulty or disagreement with the opinions delivered by the doctors mentioned in the seventh paragraph of this article, the employer or the worker may request a medical examination from an occupational doctor belonging to the inter-company occupational health service having signed the protocol. “
II. – In the absence of an extended agreement within twelve months from the date of promulgation of this law, a decree in the Council of State taken after consultation with the National Council of the Order of Physicians determines the applicable rules. to these categories of workers.
III. – The Government submits to Parliament a report on the evaluation of the use of doctors not specialized in occupational medicine provided for in Article L. 4625-2 of the Labor Code, within three years after entry into force. of this law.

Article 11

Section 2 of Chapter II of the same Title II is supplemented by an article L. 4622-15 as follows:
“Art. L. 4622-15. – Any agreement entered into directly or through an intermediary between the occupational health service and its chairman, director or one of its directors must be subject to the prior authorization of the board of directors.
“The same applies to agreements in which one of the persons referred to in the first paragraph is indirectly interested.
“Agreements between the occupational health service and a company are also subject to prior authorization if the president, director or one of the administrators of the occupational health service is the owner, partner with unlimited liability, manager, administrator, member the supervisory board or, in general, the manager of this company.
“When the first three paragraphs are applicable to the president of the occupational health service or to one of its administrators, he cannot take part in the vote on the requested authorization.
“When the agreements relate to current operations or concluded under usual conditions, they are only the subject of a communication to the Chairman and to the members of the Board of Directors. “

Article 12

Article L. 4623-1 of the same code is supplemented by a paragraph worded as follows:
“By way of derogation from the first paragraph, a decree fixes the conditions under which the occupational health services can recruit, after issuance of a replacement license and authorization by the competent departmental councils of the order of physicians, on a temporary basis, of an intern in the specialty who practices under the authority of an occupational physician from the experienced occupational health service. “

Article 13

Section 2 of Chapter II of Title II of Book VI of Part Four of the same code is supplemented by an article L. 4622-16 worded as follows:
“Art. L. 4622-16. – The director of the inter-company occupational health service implements, in conjunction with the multidisciplinary occupational health team and under the authority of the chairman, the actions approved by the board of directors within the framework of the multi-year service project . “

Article 14

Chapter V of the same Title II is thus amended:
1 ° After the word: “medical”, the end of the title is worded as follows: “of special categories of workers”;
2 ° An article L. 4625-1 is inserted as follows:
“Art. L. 4625-1. – A decree determines the rules relating to the organization, choice and financing of the occupational health service as well as the procedures for monitoring the state of health of workers applicable to the following categories of workers:
“1 ° Temporary employees ;
“2 ° Trainees in vocational training;
“3 ° Workers of intermediary associations;
“4 ° Workers habitually performing their employment contract in a company other than that of their employer;
“5 ° Remote workers usually performing their employment contract in a different department from that where the establishment which employs them is located;
“6 ° Workers temporarily posted by a company not established in France;
“7 ° Seasonal workers.
“These workers enjoy protection equal to that of other workers.
“Adapted monitoring rules and procedures cannot have the effect of modifying the frequency of medical examinations defined by this code.
“Adapted rules relating to the organization of the occupational health service cannot have the effect of modifying the methods of composition and functioning of the board of directors provided for in article L. 4622-11.
“To take into account local specificities in terms of recourse to seasonal workers, the administrative authority may approve agreements adapting the methods defined by decree provided that these adaptations guarantee an at least equivalent level of health protection for the workers concerned. “

Article 15

I. – After the second sentence of the first paragraph of article L. 717-3 of the rural and maritime fishing code, a sentence is inserted as follows:

“As an exception to the provisions of article L. 4622-11 of the labor code, the occupational health service is administered jointly in accordance with the terms set out in the third paragraph of article L. 723-35 of this code. “
II. – Article L. 717-7 of the same code is amended as follows:
1 ° The first paragraph is supplemented by a sentence worded as follows:
“They also make their contribution to the prevention of arduousness. “;
2 ° The second and third paragraphs are replaced by a paragraph worded as follows:
“The operating methods of the commissions are specified by an extended national collective agreement or, failing that, by decree. “;
3 ° The last two sentences of the fourth paragraph are worded as follows:
“Employer members benefit from a lump sum compensation representing the time spent in an amount equal to that provided for by article L. 723-37 for the administrators of the third college of the agricultural social mutual fund. The travel expenses incurred by the members of the committee, the salaries maintained by the employers as well as the related social contributions and the allowances representing the time spent are borne by the National Prevention Fund created in application of article L . 751-48 and, in the overseas departments, by the National Fund for the Prevention of Accidents at Work and Occupational Diseases managed by the National Fund for Sickness Insurance for Salaried Workers. “;
4 ° The last paragraph reads as follows:
“A decree determines the conditions of application of this article. “;

Article 16

The labor code is thus amended:
1 ° In the first paragraph of article L. 4745-1, the reference: “L. 4623-7” is replaced by the references: “L. 4624-3 and L. 4644- 1 ”;
2 ° Articles L. 5132-12, L. 7214-1 and L. 7424-4 are repealed;
3 ° 5 ° of Article L. 7221-2 reads as follows:
“5 ° Medical surveillance defined in Title II of Book VI of Part Four. “;
4 ° Article L. 7211-3 is supplemented by a 7 ° worded as follows:
“7 ° To the medical surveillance defined in Title II of Book VI of Part Four. “;
5 ° Article L. 5132-17 reads as follows:
“Art. L. 5132-17. – A decree determines the list of employers authorized to implement the workshops and integration projects mentioned in article L. 5132-15. “

Article 17

The rural and maritime fishing code is thus amended:

1 ° After the first paragraph of article L. 717-1, a paragraph is inserted as follows:
“Article L. 4625-2 of the labor code does not does not apply to travelers, representatives and ushers whose employers are mentioned in the first paragraph of this article. “;
2 ° Article L. 717-2 is amended as follows:
a) The first sentence of the first paragraph is worded as follows:
“Decrees determine the rules relating to the organization and operation of occupational health services in agriculture as well as the conditions of application of Articles L. 4622-10, L. 4622-14, L. 4625-1 and L 4644-1 of the labor code. “;
b) A paragraph worded as follows is added:
“Decrees issued by the Council of State specify the methods of action of the personnel contributing to occupational health services in agriculture and the conditions of application of Articles L. 4624-1 and L 4622-16 of the Labor Code . “
This law will be enforced as a law of the state.

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