Qui fait quoi, dans la loi

1. PREVENTING
The head of the company and / or establishment
The employee
The colleagues
The director of human resources
The DP, DS
The CHS-CT
The consultants on stress management
The occupational health service

2. TREAT THE OCCUPATIONAL
HEALTH SERVICE The
medical actors
The lawyers and the union defenders
The labor inspectorate
The mediation

 

1. Prevent

The business and / or establishment manager

L 4121-1
“The employer takes the necessary measures to ensure safety and protect the physical and mental health of workers.

These measures include:
– Actions to prevent occupational risks;
– Information and training actions;
– The establishment of an organization and suitable means.

The employer ensures the adaptation of these measures to take into account the change in circumstances and tend to the improvement of existing situations. « 

Article R. 4121-1 of the labor code (former article: R 230-1)
“The employer transcribes and updates in a single document the results of the risk assessment for the health and safety of workers to which it proceeds in accordance with article L. 4121-3.
This assessment includes an inventory of the risks identified in each work unit of the company or establishment. « 

L 4121-2
“The employer implements the measures provided for in article L. 4121-1 on the basis of the following general principles of prevention:
– Avoid risks;
– Evaluate the risks that cannot be avoided;
– Combat risks at source;
– Adapt work to people, in particular with regard to the design of work stations as well as the choice of work equipment and work and production methods, with a view in particular to limiting monotonous work and rhythmic work and reduce the effects of these on health;
– Take into account the state of the art;
– Replace what is dangerous with what is not dangerous or with what is less dangerous;
– Plan prevention by integrating into it, in a coherent whole, technique, work organization, working conditions, social relations and the influence of environmental factors, in particular the risks linked to moral harassment, as it is defined in article L. 1152-1;
– Take collective protection measures by giving them priority over individual protection measures;
– Give appropriate instructions to workers « 

L 4121-3
« The employer, taking into account the nature of the establishment’s activities, assesses the risks to the health and safety of workers, including in the choice of manufacturing processes, work equipment, substances or chemical preparations, in the layout or refurbishment of workplaces or facilities and in the definition of workstations.

Following this assessment, the employer implements preventive measures as well as working and production methods guaranteeing a better level of protection of workers’ health and safety. It integrates these actions and methods into all of the establishment’s activities and at all levels of management. « 

Article L 4121-4

“When assigning tasks to a worker, the employer, taking into account the nature of the establishment’s activities, takes into account the capacities of the person concerned to take the necessary precautions for health and safety. « 

Article L 4121-5
“When workers from several companies are present in the same workplace, employers cooperate in the implementation of provisions relating to health and safety at work. « 

Single document: regulation
The drafting of the single document has been compulsory since November 5, 2001.
Article R. 4121-1 of the labor code (old article: R 230-1):
“The employer transcribes and updates in a single document the results of the risk assessment for the health and safety of workers which it carries out in application of article L. 4121-3.
This assessment includes an inventory of the risks identified in each work unit of the company or establishment. « 

Objectives of the single document
– To improve health at work, by reducing accidents at work, occupational diseases.
– Improve working conditions.
– The risk inventory is carried out by the employer in each work unit: by observing the actual tasks, by collecting the opinion of the employees: it is advisable to organize meetings within each work unit, in order to identify risk situations, by analyzing work accidents to identify risk situations.

In this perspective, the risk assessment obligation and its formalization in the single document is ultimately an aid and not an additional constraint. A judge will appreciate finding the trace of the assessment and the preventive measures implemented in the company.

The employer performs the risk assessment
– The severity of each risk.
– Its probability of occurrence.
– In order to be able to define the most important risks, to deal with them as a priority.

Drafting of the single document
– Only the risks actually present in the company must appear.
– The document can be written on paper, or any digital medium: Cdrom,…

Updating of the single document
– At least every year, and whenever there is a change in the working procedures.

Availability of the Single Document
Decree n ° 2008-1347 of December 17, 2008 relating to the information and training of workers on risks modified article R. 4121-4 of the labor code.

The single risk assessment document is available:

– workers ;
– members of the health, safety and working conditions committee or bodies acting in lieu thereof;
– staff representatives;
– the occupational doctor;
– labor inspection officers;
– agents of the prevention services of social security organizations;
– agents of professional health, safety and working conditions organizations mentioned in article L. 4643-1;
– radiation protection inspectors mentioned in article L. 1333-17 of the public health code and agents mentioned in article L. 1333-18 of the same code, with regard to the results of assessments related to the workers’ exposure to ionizing radiation, for the installations and activities for which they are responsible respectively.

Since December 17, 2008, the company manager must make the single risk assessment document available to employees; he must affix a poster at the workplace indicating where this document can be consulted.

Extract from article R. 4121-4 of the labor code, modified by decree n ° 2008-1347 of December 17, 2008 relating to the information and training of workers on risks to their health and safety.
« … A notice indicating the procedures for access by workers to the single document is posted in a suitable and easily accessible place in the workplace.
In companies or establishments with internal regulations, this notice is displayed in the same location as that reserved for internal regulations. ”

 

AID FOR THE EMPLOYERThe employer can recruit a specialist, an outside expert, but he can and must also rely on his internal resources such as the CHSCT, the DP-DS, the occupational health service, provided that a good social dialogue quality is established in the company. In some companies, it is for example a member of the CHSCT who can specialize in this development, even if in the end, it is the employer who bears the responsibility.

A real evaluation can only be done on the basis of actual work and must be based on the employees’ knowledge of it and on their built-in prevention practices. Integrating them is a form of recognition of the skills developed by the workers themselves. We must accept the idea that employees are concerned with protecting their health.

The business manager can also rely on other institutions such as CRAMs (future CARSATs) through CRAM engineers and controllers who are specialists in health and safety and prevention. They depend on the AT-MP branch of the National Health Insurance Fund, one of whose missions, as an insurer, is to provide assistance to companies to help them put in place effective prevention measures.

On the question of the organization of work, the head of the enterprise can also request the assistance of the ARACTs:
The national agency for the improvement of working conditions is a public administrative establishment under the supervision of the Minister of Labor, created in 1973 , bridgehead of a network of 25 regional structures under private law that are the regional agencies for the improvement of working conditions (ARACT) which were created between 1983 and 2004. (list on companion site)

These are joint bodies managed by the social partners financed by the state in the regions, the regional council, the ANACT and the European social fund. The purpose of this network is to improve the working conditions of employees and the efficiency of companies and administrations, to experiment, capitalize and transfer concerted change methods.

The modes of intervention in the company range from ad hoc advice, short support for internal procedures, free short diagnosis, assistance with evaluation, support for collective projects or long intervention. They only intervene on the basis of an agreement between the employer and the employee representatives.

A real overhaul of real work often frightens the business manager who fears finding himself confronted with the update of a serious risk which could lead to legal consequences in the absence of the implementation of appropriate prevention.

The employee

Even in a state of contractual subordination, employees have a civic responsibility. They are therefore responsible for their own safety and that of their colleagues. Responsible for the application of the safety instructions issued by the employer which apply to them, they therefore also participate in the prevention policy of the company. In addition, each employee has the right to alert and withdraw.

Right of alert and withdrawal:
Article L 4131-1 of the labor code introduced by the Auroux laws (1982) puts the employee as the subject of the protection of his health.
The worker immediately alerts the employer to any work situation of which he has reasonable grounds to believe that it poses a serious and imminent danger to his life or his health. he can withdraw from this situation. For example, A crane operator, summoned by his employer to work on a windy day, can exercise his right of withdrawal. He must notify the employer of his withdrawal by mail and an exceptional CHSCT must be organized to rule on the reality of this danger. The employer has an obligation to stop the risk.

The exercise of the right of withdrawal is delicate and should only be exercised after being advised and assisted. This essential right must be used with caution because the perceived danger is not the real danger to which, in the event of a dispute, the courts will focus. Jurisprudence is nuanced because it rules on a case-by-case basis.

In a situation of isolation and suffering, the employee is not in a condition to assert his moral autonomy. Hence the importance of the quality of the collective fabric of a company and the real existence of the employee representative bodies that are DPs, DSs, CE and CHSCT.

Colleagues

Article L 4122-1
« In accordance with the instructions given to it by the employer, under the conditions provided for in the internal regulations for companies required to prepare one, it is the responsibility of each worker to take care, according to his training and according to his possibilities, his health and safety as well as those of other people concerned by his acts or omissions at work.

The instructions of the employer specify, in particular when the nature of the risks justifies it, the conditions of use of work equipment, means of protection, dangerous substances and preparations. They are adapted to the nature of the tasks to be performed. The provisions of the first paragraph do not affect the principle of the responsibility of the employer. « 

Article L.4122-2
“The measures taken with regard to health and safety at work must not entail any financial burden for the workers. « 

Human Resources Director

The HRD’s mission is to provide answers to malfunctions that may appear in the workplace. When complaints, testimonies or writings from staff, the occupational doctor or the CHSCT are submitted to it, the HRD must carry out an administrative investigation in order to establish responsibilities. As soon as it opens, he must inform the person (s) concerned and the CHSCT. Depending on the results of the investigation, he may then decide to open disciplinary proceedings, propose a change of service, an impact on the assessment of the perpetrator, measures to review or restore the statutory situation of the victim (assessment, advancement …) or even initiate criminal proceedings. Another mission of the HRD is the implementation of awareness and prevention actions.

If the HR director may seem the privileged interlocutor to treat dysfunctions in the relations in work, it is undoubtedly not the best interlocutor to work on the questions of primary prevention (to remove the risks at their source), because that rests often on changes in work organizations or production systems over which he generally has little control.

It is therefore relevant to address the business manager directly or to ensure that the HRD has real delegation of power.

DP, DS

Article L. 2313-2 of the New Labor Code provides that the DP must immediately seize the employer if he finds that “there is an infringement of the rights of individuals, their physical and mental health or individual freedoms in the enterprise which would not be justified by the nature of the task to be accomplished, nor proportionate to the aim sought after ” . If no solution is found with the employer, he can also appeal to the labor court.

The professional unions have the task of ensuring the defense of the rights and material and moral interests, both collective and individual, of the members of the personnel (article L. 2131-1 of the New Labor Code). When the representatives of trade union organizations are aware of risky situations, they must inform the CHSCT, and if they find the existence of procedures constituting an attack on the dignity and individual freedom of an employee, the law provides that the union can act in its place for the defense of its interests. The law allows this action on 3 conditions: the substitution action must be provided for by a legal text, the action is reserved for the representative union, the employee must be informed of the union action and not have expressed his opposition to the union action.

The employer has every interest in hearing the feedback from the DPs of the DSs, barometers internal to the company. Within the framework of its obligation of result, to initiate a real dialogue with the representative bodies, it is to affirm its concern for prevention. The witch hunt against the DP, the DS is counterproductive for the health of the employees but also for the relations in the company and the quality of the produced work.

True prevention can only be the result of co-construction between all the actors. This co-construction can lead to areas of conflict, professional disputes where the debate on the execution of the work allows the updating of each person’s positions, issues and choices to be made. Respect for each other’s positions and the prior development of a common methodology are basic assumptions.

The CHS-CT

Role and mission defined by article L 4612-1 et seq. CT

– Contributes to the physical and mental protection and security of workers in the establishment and those of external companies, etc.
– Analyzes professional risks
– Contributes to the promotion of prevention of professional risks
– It is consulted on a certain number of points concerning working conditions (L 4612-.8) and technological changes (L 4612-9).

 

Power and means of action:

– Role of alert, of assistance in resolution and analysis of situations
– Role of incitement to prevention
– Direct role with the victim and the author
– Possibility of recourse to CHSCT expertise (article L 4614 -12 CT)

Unfortunately, the CHSCT is rarely asked to live up to what is provided by the regulations and finds it difficult to be a place for reflection on prevention and work organization, which are traditionally the prerogatives of the employer. Despite the obligation to train all members, it must be admitted that the CHSCT remains a weak link. Furthermore, no own funding is planned for its operation.

Despite everything, the CHSCT has a potential power by the possibility of recourse to an expertise. Jurisprudence today tends to strengthen the place of this institution. (see below, Mornay and SNECMA stop)

 

Use of a CHSCT expert

Art. L.4614-12 of the labor code

The CHSCT may call upon an approved expert:

1) When a serious risk, whether or not revealed by an accident at work, an occupational or professional illness, is observed in the establishment.

2) In the event of a major project modifying health and safety conditions or working conditions.

 

CHSCT Experts

Article R.4614-7 of the labor code

The experts, natural or legal persons, are approved by joint decree of the ministers responsible for labor and agriculture. (list on companion site). It is the CHSCT which has the choice of the expert and the employer pays him, source of conflict and litigation. For this expertise to be productive and play its role, it is essential that the members be vigilant about the choice made because the expertise ranges from the most effective to the most caricatural. Among these selection criteria, it is important to ensure that the object of the expertise is going to be the actual work and not the search for individual criteria.

 

Jurisprudence on LE CHS-CT

Several case law decisions have validated the intervention of CHSCT experts on issues of suffering at work.

SNECMA stop

In terms of work organization, the Snecma judgment introduces a precedent which considerably changes the balance of power within French companies. The judge can now suspend the implementation of a work reorganization if he considers that it does not guarantee the health and safety of employees. Thus decided the Court of Cassation in a judgment of March 5, 2008 marking a new extension – radical – of the obligation of safety which falls to the employer.

« Wishing to set up a new organization of maintenance and monitoring work in an energy center classified as Seveso, the Snecma company consulted the CHSCT and the establishment committee, which both expressed their opposition to the project. In the absence of a veto right for these institutions, the company decided to apply it, and specified the terms of the reorganization in a note dated February 21, 2005. Note whose union CGT Snecma obtained cancellation before the Versailles Court of Appeal and the suspension of the reorganization. ” « 

A decision confirmed by the Court of Cassation.

“The legal safety obligation, which is an obligation of result, has the necessary consequence of prohibiting the employer from taking any measure that may be likely to compromise the health or safety of workers. This prohibition then comes to limit the managerial power which the employer has in organizing business and work, even if this power is considered to be one of the attributes of the freedom to conduct business ”” (3).

MORNAY stop

The Mornay judgment raises the question of the implementation of individualized performance evaluation. An employer sets up an individual performance evaluation interview as part of his prerogatives. The CHSCT went to court because it had not been informed of this development and it considered that the introduction of this assessment, as it was planned, could have consequences on the psychological health of employees:

« But whereas having noted that annual assessments should allow better consistency between salary decisions and the achievement of objectives, that they could have an impact on employee behavior, their career development and their remuneration, and that the modalities and the stakes of the interview were clearly likely to generate psychological pressure entailing repercussions on the working conditions, it was without incurring the complaints of the means that the Court of Appeal decided exactly that the project of the the employer had to be submitted to the CHSCT for consultation, responsible, by applying paragraph 1 of article L. 236-2 of the labor code, for contributing to the protection of the health of employees; that the plea is unfounded. « 

The courts have ruled in favor of the CHSCT.

Many instances exist in the company, provided for by law, but remain a dead letter, are little used. We are seeing an increase in the use of bodies parallel to the company, which are likely to contain all the excesses (violation of medical confidentiality, disclosure, highlighting the fragility of the employee). We are witnessing the use of these instances to mask professional origin and the issue of criminal responsibility.

Consultants on stress management

 

External consultants

Many consultants specialize in the development of unique documents and in psychosocial risks. This subcontracting aggravates the invisibility of the specifics of work in the company. The single document or the prevention approach no longer correspond only to a formal stereotype, to be in accordance with the law, without influencing the improvement of working conditions. The elaboration of the Single Document comes down to ticking boxes on a list of risks of potential exposures, without reflecting on the interaction of these different exposures, nor on the way in which the work is actually performed, sometimes with proposed measures incompatible with execution.

What to do about the inflation of consultants recruited by the employer on the problem of stress? The Ministry of Labor is currently assembling a think tank on the criteria that could allow the selection of consultants capable of making relevant expertise on psychosocial risks.

 

Listening cells

Employees can be referred to the listening unit by the employer, bypassing the major role of the occupational health service. These listening cells, without real scientific references, reduce by the individualizing approach, all collective analysis.

 

Shrink tickets

The national council of the order of doctors vigorously criticized on 27/01/2009 the implementation of these shrink tickets, being surprised « that the doctor has become a provider like Sodexo », and recalled that « medicine does not ‘is not a business and it is not responsible for the welfare of society but to treat people who have pathologies’.

The CNOM recalled the following principles:

Principles of the National Council of the College of Physicians on psychosocial risk management systems (24/10/08)

– Listening to an employee in distress is a medical act that falls entirely within the field of competence of the occupational
doctor – The listening doctor is the first point of contact
– The orientation is done with the employee’s agreement
– The decision of the employee is free and anonymized vis-à-vis the employer, the company being unable to draw any conclusion or sanction from the refusal by the employee to consult the listening doctor
– All that concerns the interview of the employee with the the occupational physician or the listening physician is covered by medical confidentiality and is mentioned in the medical file (of the occupational physician and the listening physician).

The occupational health service

 

The occupational doctor

Role and responsibility:
« Avoid any deterioration in the physical and mental health of workers due to their work » .

Obligations:
Medical confidentiality, duty of independence, protected employee

The occupational doctor advises the head of the company, the employees, the staff representatives and the Health, Safety and Working Conditions Committee (CHSCT) on the improvement of living and working conditions in the workplace. ‘company, adaptation of positions, techniques and work rhythms to the physiology of the human body and protection of employees against nuisances.

Occupational physicians have a primary role in preventing the deterioration of workers’ health as a result of their work, in particular by monitoring their hygienic conditions at work, the risks of contagion and their state of health (Article L. 4622 -3 of the New Labor Code). This is done through annual or biannual medical visits to which all employees are subject. During these medical visits, the occupational doctor can help the employee to better understand what he is doing in the job, but also these interviews allow us to talk about real work. They allow occupational physicians to understand better, which on the collective work side is a source of support or, on the contrary, of suffering.

They must also carry out surveys on the risks and working conditions and possibly suggest accommodations. Despite professional secrecy which imposes strict limits on his possibilities of personal intervention, the occupational doctor has tools to fulfill his mission of alerting the employer and employee representatives:

– Write the overall health report of the company which can show turnover, absenteeism, drug consumption, addictive behaviors, expressed ill-being, intensification of work, autonomy , etc. ;

– Give the company file (document which acknowledges suffering at work and can integrate the overall health check of the company) to the employer and to the CHSCT and available to the Labor Inspectorate and CRAM controllers ;

– Its annual report, sent to the EC, can account for the increase in indicators of organizational suffering: increase in the frequency and emergencies in the workplace for conflict, violence, suicide attempt, psychiatric decompensation; increase in somatic and mental pathologies; increased consumption of psychotropic drugs, alcohol, tobacco or other drugs …

Alerting the CHSCT on the basis of objective suffering indicators can enable prevention.

 

The question of questionnaires:

On the feeling of work:
– Karasek
– Siegriest
– Woccq
– LeymanOn the mental state of employees:
– HAD
– CESD
– GHQ 12
– NHP, etc.

Often, faced with the demand for objective figures, occupational physicians, but also employee representatives and employers tend to request a questionnaire survey. They are often cumbersome to set up, time consuming in the analysis of the results and only confirm the initial diagnosis having lost time. Should we also refer to the national standard, to decide on an action or consider that the particular case is a sentinel case which allows us to act upstream?

 

2. Treat

 

Care actors in the company

The occupational health service

The occupational doctor

Through his role as a preventive clinician within the company, the occupational doctor and the collaborators of the occupational health service (clinical psychologists, ergonomists, social workers, occupational nurses, etc.) must be able to detect the organizational forms that generate isolation and diagnose symptoms upstream, leading to fear of psychological decompensation in one or more employees. They must alert the company’s prevention officers: employer, CHSCT, staff representative, so that collective management of the issue can be carried out internally.

If an deterioration in the mental and / or physical health of an employee linked to working conditions is noted, the occupational physician must carry out a study of the position and alert employers to occupational health risks. He must also refer the suffering employee to a specialist and above all, put an end to the pathogenic situation.

To put an end to this situation, the occupational doctor has several strategies depending on the circumstances: temporary or permanent incapacity for the job or any job in the company, job adaptation or reclassification to another job , or the declaration of occupational illness.

When the occupational physician has exhausted the therapeutic arsenal of work stoppage, temporary medicalization and / or change of position, when there has been an alert from all of the company’s partners and no solution, the final incapacity for any position in the company remains the most effective medico-administrative response. It requires the active participation of the employee who has become a player in his situation and not a victim.

To form his opinion, the occupational physician must rely on the data collected at the medical office. Analyzing and understanding the situation involves identifying the specific clinical picture of employees suffering from work stress; by identifying the pathogenic management techniques listed in the patient’s account ; by identifying convergences between the testimony heard and written by other employees and that of the patient. Finally, in complex cases, the occupational doctor will rely on multidisciplinary cooperation practices allowing to reach a collegial decision-making, with the expertise of each, general practitioner, medical inspector, psychotherapist, expert.

The incapacity opinion must always be formulated with the participative and informed consent of the employee . This is a real work of co-construction of the decision in several stages:

– Stop the situation, get the employee out of it.
– make him hear during a follow-up (which will allow clinical assessment of his condition) the social, professional and psychological challenges of all the solutions envisaged.
– advise the employee so that his / her leave is taken in the context of a work accident and ask the employer to make a declaration to this effect. After a thorough investigation, social security will make the ultimate decision.

Whatever it is, the question of occupational health will have been asked in the company; the employee’s writings addressed to his employer and which he has copied to the occupational physician can become a tool for making contact with the manager of the company.

The incapacity of an employee can be an opportunity for the occupational physician to have a  training plan concerning the fundamental needs of employees: physiological needs, need for security, social needs, need for autonomy, need for meaning. This posture of prevention can create a mobilizing project, especially in the context of the obligation of security of results . The occupational physician thus confirms his role as an advisor to those involved in the business.

 

Medico-legal action:

Accident at work declaration

Need for a specific « accidental event »
– physical or verbal assault
– altercationA brutal « injury »
– discomfort, crying, sudden loss of emotional control,

Presumption of accountability
– if the injury occurs in a time close to the accident.

Extension of the concept of TA

Jurisprudence: Social cassation: 02/04/2003
Albert / CPAM Gard: constitutes a TA
An event or a series of events occurred on certain dates by the fact or at the time of workCivil
cassation 2nd CH / 01/07/2003 CPAM Dordogne / Ratinaux Possibly
bodily injury

“Distinguishes TA from PD defined by the result of a series of slowly evolving events to which one cannot assign a certain origin or date”

Côte d’Or TASS

(Marie / Rolland SA file)
Reason evoked by recognition in AT of a depressive decompensation: « as in the case of an accident reaching the physical integrity already worn out by the professional gestures of an employee, an accident reaching his psyche can take on the character of suddenness linked to a specific event of work even when the appearance of a psychic pathology is progressive ”.

Declaration of occupational disease

There is no table for psychological pathologies due to mistreatment at work. These files must be compiled with the help of professionals because the procedure is complex and full of pitfalls.

The procedure for recognizing a disease outside the schedule is done in the context of paragraph 4 of article L. 461-1:
– If the state is stabilized and permanent incapacity reaches 25%
– No presumption of ‘origin
– Direct and essential link between pathology and usual working conditions.

 

What place for Occupational Risk Prevention Interveners and occupational psychologists?

Example of job description:

– Organize preventive actions (awareness, information, etc.), in particular in certain situations such as a change of direction or organization, a move, etc.

– Carry out individual interviews (on prescription from the occupational doctor), to listen and build individual and collective actions, guaranteeing the confidentiality of information

– Facilitating discussion or work groups in companies to facilitate the collective construction of a diagnosis and courses of action

– Carry out organizational diagnoses in voluntary companies to help them develop their unique risk assessment document and build their action plan

– Work in a network to optimize professional practices and develop tools

The social worker

As part of the care of people suffering at work, the social worker has the role of helping them in their reflection on the different issues available to them, while taking into account their social situation. It can also assist them in their administrative procedures.

Care and support actors outside the company

 

The medical players

The general practitioner

The general practitioner represents an obvious psychological support for his patient person suffering at work. Thanks to his knowledge of the patient, he is often in the best position to see the deterioration of his state of health in parallel with the deterioration of working conditions. He shelters his patient when he prescribes a work stoppage. In addition to the actual medical acts (medical prescription) and follow-up, he assumes important administrative acts (certificates) to protect the interests of the patient. The general practitioner also has a duty of moral assistance which consists in contacting the occupational physician (with the patient’s agreement) to discuss the hypotheses for resolving the situation. In the interest of the patient, collaboration and consultation with the occupational physician are essential.

The labor inspector doctor

Article L. 8123-1 of the New Labor Code (article L. 612-1 of the old code) stipulates that “medical inspectors exercise permanent action with a view to protecting the physical and mental health of workers on their workplace and participate in health monitoring for the benefit of workers (…). The labor inspectors act in liaison with the labor inspectors, with whom they cooperate in the application of regulations relating to occupational health » The means at their disposal to do this are the same powers and obligations as those of labor inspectors, with the exception of the power to sanction (article L. 8123-2 of the New Labor Code, article L. 612-2 of l ‘old code). The labor inspector doctor serves as support and advice to the patient as well as to the labor doctor and the labor inspector. It is a real support for the occupational doctor when he helps him to adopt the most appropriate strategy for the situation. Finally, the labor inspector doctor is also responsible for studying occupational risks and their prevention.

Practitioners of professional pathology consultations and specialized « suffering and work » consultations

These multidisciplinary consultations (psychiatrists, occupational physicians, lawyers, psychologists, etc.) have emerged in many regions of France. Networking allows more responsive care for people suffering. These consultations offer interviews for various purposes, such as psychological expertise or legal advice for example. They provide additional external advice and an understanding of what happened, the aim being to help the employee to resume his life.

The psychiatrist and the psychologist

Psychotherapeutic care for people experiencing pain at work is often necessary, even when they are no longer confronted with the pathogenic situation. Ideally, this care should be started early to avoid worsening of decompensation. The work carried out during the sessions focuses on the meeting between the singular psychic structure and the pathogenic work situation, on the resonances of the latter in the psychic structure of the subject. In all cases, the integration of the question of work is essential. Psychological support is important all the time that administrative and / or legal procedures are in progress, as well as at the time of encountering a new professional situation. Furthermore,

The social security adviser

The social security adviser plays an important role in the transformation of the illness into an accident at work or an occupational disease when he judges that it is linked to the organization of work. It also determines the rate of PPI (partial permanent incapacity) on which will be based the amount of the pension paid to the victim of an accident at work or an occupational disease, and it is he who decides on the validation or not work stoppages and part-time therapeutic resumptions. In addition, he is the decision-maker on the allocation of a long-term sick leave of more than 6 months or in disability 1,2 or 3 rd category (at the end of the 3 rd year of sick leave at the latest).

Medicine approved in the public service or special schemes

Licensed doctors are general practitioners or specialists responsible for carrying out a medical examination of employees in order to give advice on suitability. These opinions can be requested before the decision is made to grant the employee sick leave or long sick leave or before considering a return to work. Sitting on a medical committee or a reform commission, they inform the occupational physician of the conclusions of the reform commissions.

Lawyers and Union Defenders

The lawyers practicing within structures specialized (or not) in labor law and are essential actors. Their consultation is necessary in order to be aware of all of their rights and of the various possible strategies. The lawyer has a mission of legal advice outside any procedure. Lawyers are also responsible for advising the person of the difficulty and length of the proceedings, as well as the chances of success.

(For union defenders and legal aid, see the companion site.)

Labor inspection

The labor inspector has several missions:

– Welcome, listen

– Gather the facts

– Say the right

– Position yourself as an institution

– Confidentiality of complaints

– Orient

– Declaration of industrial accident

 

The labor inspector has:

– A control function

– With powers and prerogatives aimed at the suppression of offenses, codified in article L.8112.1 of the labor code,

– Also confers a mission of information and advice

– The duty to bring to the attention of the competent authority deficiencies or abuses not covered by existing legislation.

Mediation

In a situation of conflicts between employees and their company, or of conflicts between employees, mediation can sometimes prove to be a means of re-establishing dialogue, then of attempting an amicable settlement of these conflicts.

Mediation offers a protected framework in which each party will be able to express their experience of the situation, name what they feel and reproach the other, discuss the characteristics and consequences of the conflict between them. Each will listen and try to understand and reconsider the point of view of the other, thus making it possible to remove the misunderstandings. It is in this that mediation recreates social ties. The exchange makes it possible to build solutions to the problem opposing the parties, a memorandum of agreement satisfying each of the protagonists. Beyond the management of the conflict, mediation also aims to provide moral redress for people in distress.

This cooperative process is favored by the person of the mediator, who must be neutral, benevolent, discreet, independent, impartial and show empathetic listening. The latter accompanies the parties throughout the process, tries to facilitate the exchange, to bring out emotions as well as common values ??in both parties.

Mediation must be a voluntary process, accepted voluntarily by each of the parties. It is also necessary that all the persons concerned are in good faith, ready to accept a compromise. Mediation cannot take place without these conditions.

What is mediation? Daniella Schwendener, criminal mediator, Suffering and Work consultation of Genevilliers, responds, in our video section « The pros answer you » .

<Click to watch the video