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French legislation provides that every worker has a personal safety account from “Pénibilité au Travail”, a kind of passport in which difficult conditions accumulate at work and on the basis of which the worker can retire early, among other possibilities.

Its implementation and regulation is interesting, so we would like to share it with you.


Source: http://www.audrey-linkenheld.fr/


Pénibilité au travail could be translated as difficult working conditions or work ailments, a concept that although not entirely new to us, is surprising in its regulation and management concerning French law.

The term “Pénibilité au Travail” in French law is defined according to two cumulative conditions:

  • An exposure to one or more professional risk factors related to limitations or marked physical  restrictions, an environment of aggressive physical work or certain work patterns
  • With such exposures likely to cause lasting, identifiable and irreversible health consequences.

It is a concept that is difficult to determine since its valuation is partly subjective but that French law has incorporated into its laws since 2011. In addition, recently they have added new requirements and safety measures that will go into effect January 2015.

The main measure is to create a personal safety account for “Pénibilité”. This account will be individual for each employee exposed to “Pénibilité” factors. All exposures will be recorded that the worker is having in various factors defined for the arduous nature of the work throughout their working lives. Based on these records the employee will accumulate points that can be exchanged for traineeships, part-time work, premium payment, allocation of days off or early retirement.

Factors that influence “Pénibilité au travail” according to French labour codes are as follows:

  • Marked physical limitations:
    • Manual load handling
    • Forced or painful positions
    • Mechanical vibrations
  • Aggressive physical environment
    • Hazardous chemicals
    • Activities in hyperbaric environments
    • Noise
    • Extreme temperatures
  • Work cycles
    • Night work under certain conditions
    • Work with alternating shifts
    • Repetitive work under certain characteristics

Under French law every employer should take the necessary measures to prevent “arduous” work.

In order to trace arduous work conditions, the employer must establish a file for preventing “pénibilité au travail” exposure factors that should mention:

  • Customary exposure conditions
  • Period in which there has been exposure
  • Safety measures to reduce or eliminate exposure

These files and their contents should:

  • Inform the health service at work that transmits it to the occupational physician to complete or update the occupational health dossier for each worker.
  • Have updates available to the worker at all times.
  • Provide it to the employee, in the case of going on a leave of at least 30 days as a result of an accident or occupational labour infirmity, and at least three months for all other cases.

In the recent visit that PrevenControl consultants carried out at the French Hall of Occupational Safety and Health, 2014 Préventica, we found several companies that have developed and offer specific software for managing “Pénibilité au travail”.

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PrevenControl es la firma especializada en seguridad y salud laboral que propone soluciones eficaces e innovadoras para la mejora del negocio y la reputación de sus clientes a través de la consultoría, el uso de la tecnología y la formación.

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