Law No. 2021-1018 of 2 August 2021, specified by Decree No. 2022-395 of 18 March 2022, which came into force on 31 March 2022, modified the rules applicable to the single occupational risk assessment document (DUERP).
As a reminder, all employers must assess the risks that exist in the company with regard to the health and safety of employees. To this end, they must draw up and keep up to date a DUERP which must contain the following information (Article R. 4121-1 of the Labour Code):
- an inventory of the risks and dangers identified within the company
- a list of risk prevention and employee protection measures.
Since 31 March 2022, the DUERP has been subject to the following rules:
- Mandatory consultation of the CSE on the DUERP and its updates
(Article L. 4121-3 1° of the Labour Code)
Failure to do so will result in the employer committing an offence of obstructing the regular operation of the CSE, which exposes him to a criminal risk (Article L. 2317-1 of the Labour Code).
- Updating the DUERP
The DUERP must be updated (Article R. 4121-2 of the Labour Code):
- at least every year in companies with at least 11 employees,
- when any decision is taken to make major changes to health and safety conditions or working conditions,
- when additional information concerning the assessment of a risk is brought to the attention of the employer.
- Availability to employees and former employees
The DUERP is available to former employees of the company and to any person or body that can prove an interest in having access to it (Article L. 4121-3-1 V-A of the Labour Code).
- Retention of the DUERP
The law introduces an obligation to keep the DUERP in its successive versions in order to ensure, in particular, collective traceability of exposure to risks (Article L. 4121-3-1 I and V-A of the Labour Code).
Finally, the law provides for an obligation to file the DUERP electronically on a dedicated digital portal (Article L. 4121-3-1 V-B of the Labour Code). This obligation will come into force (i) as of 1 July 2023 for companies with 150 or more employees, (ii) as of dates set by decree, depending on the size of the companies, and at the latest as of 1 July 2024 for companies with fewer than 150 employees
Originally published 24 May 2022
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