National protocol to ensure the health and safety of employees

The national protocol has ended on 14 March 2022. Then the Ministry of Labour has launched the "Reference guide to measures for preventing the risk of contamination by COVID-19 outside epidemic situations", that has been updated on 1st August 2022. The guide contains recommendations that are very light compared to the national protocol.

Given the continuing high level of circulation of the virus and the fear of a new wave of the pandemic in the autumn, the Ministry of Labour updated its Reference guide. Wearing a mask is 'recommended in crowded places, enclosed spaces, in places of high traffic, especially in public transport and in the presence of fragile people'.

The guide provides details on the situation of people who are particularly vulnerable to COVID-19. It recalls that those whose safety cannot be ensured by reinforced protective measures and who cannot work remotely can apply for a medical certificate of isolation and benefit from compensation for partial activity. This specific scheme, which was due to expire at the end of July 2022, has in fact been extended.

But above all, the Ministry of Labour invites employers to pay particular attention when employees who have previously benefited from this partial activity scheme return to work. In addition to the implementation of reinforced protection measures, the return of the employees concerned to the workplace must, according to the Ministry of Labour, allow them to resume their activity in complete safety. To this end, the return to the company must be organised in the context of a dialogue with the employer. In this respect, the guide recommends that companies seek 'the support of occupational health and prevention services, particularly in the context of return visits, and if necessary their occupational reintegration prevention unit'.

The national protocol to ensure the health and safety of employees in companies faced with the COVID-19 epidemic is a reference document to ensure the health and safety of employees and the continuation of economic activity.

It was updated on 30 December 2021 to take into account the epidemic recovery. The main changes in this new version concern strict compliance with barrier measures and teleworking. Telework must be used, where possible, on at least three days per week for a period of three weeks, this minimum being increased to four days in companies which have the possibility of doing so. In addition, administrative fines of up to €1,000 per employee concerned, up to a maximum of €50,000, should soon be available for employers who refuse to implement telework.

Faced with the scale of the fifth wave of COVID-19 and the emergence of the Omicron variant, the Ministry of Labour updated, on 8 December 2021, the National protocol for ensuring the health and safety of employees in companies. The updated protocol calls for the reinforcement of the use of telework, always in the framework of social dialogue. Thus, 'in the context of an epidemic recovery, the target should be two to three days of telework per week, subject to constraints linked to the organisation of work and the situation of employees', the protocol states. The aim is to promote the prevention of the risk of SARS-CoV-2 infection, with teleworking playing a part in this, by limiting social interactions. But the use of telework is not made compulsory, the government relies on the responsibility of employers.

On 21 September 2021, the Ministry of Labour published an updated version of the national protocol to ensure the health and safety of employees in the face of the COVID-19 epidemic. The new version takes into account the publication of the decree of 9 September relating to the conditions for the return to work of vulnerable people.

On 9 August 2021, the Ministry of Labour published an updated version of the national protocol to ensure the health and safety of employees in the face of the COVID-19 epidemic. In particular, it takes into account the law on the management of the health crisis of 5 August 2021 and its implementing measures, which make it compulsory for carers to be vaccinated against COVID-19 and extend the scope of the health pass from 9 August, including to employees in the places concerned from 30 August.

In its new version applicable on 30 June, the health protocol continues to require employers to set, within the framework of local social dialogue, a minimum number of days of telework per week for the activities that allow it, and to enforce compliance with the barrier measures. However, this update of 30 June provides for some relaxations favouring in particular the return of the collective in companies. It is also accompanied by an update of the sheet on the operation of company restaurants during the COVID-19 epidemic.

As of 9 June, the employer, in the framework of social dialogue, will have to set a minimum number of days of telework per week for the activities that allow it, according to the company health protocol updated by the Ministry of Labour on 2 June and applicable as of 9 June. This protocol therefore puts an end to the rule of 100% telework. The moments of conviviality will again be able to be organised face-to-face, respecting the barrier gestures as well as the rules of distancing and ventilation.

Since 19 May, "non-essential" shops, restaurant terraces, theatres, museums and cinemas have reopened. The Ministry of Labour updated the company health protocol on 18 May. Employers must make their employees aware of the collective prevention and protection measures against COVID-19. The protocol emphasises the importance of good ventilation in the workplace and recommends allowing air to circulate by leaving doors and windows open as long as possible during the working day.

On 18 March 2021 and 8 April 2021, as part of the strengthening of health measures, the National protocol to ensure the health and safety of employees in companies faced with the COVID-19 epidemic has been updated:

• by asking employers in the 16 departments subject to new restrictions to define action plans to reduce as much as possible the time spent on site by employees who can telework. This has been extended on national level from 3 April 2021 since the third lockdown.
• by setting up, as far as possible, packed lunches to be taken away and consumed at the workplace for all or some of the employees;
• by having lunch alone, leaving an empty seat in front of you, and strictly respecting the 2-meter distance rule between each person;
• by systematically adapting the opening hours for collective catering in order to limit the number of people present at the same time as much as possible;
• by limiting carpooling situations as much as possible and, if necessary,
• by respecting barrier measures, particularly the wearing of masks;
• by reminding their employees of the rules applicable to the isolation of contact and symptomatic cases as well as the possibility of declaring themselves on declareameli.fr as soon as symptoms appear, in order to benefit from a work stoppage.

Since the Summer 2020, the practice of telework has been relaxed and the share of teleworker among the workforce has decreased. The last National protocol of 29 January warns employers to apply strictly the telework recommendations: the new document stresses that in the current exceptional circumstances, linked to the threat of the epidemic, telework must be the rule for all activities that allow it. In this context, the working time carried out in telework is increased to 100% for employees who can carry out all their tasks remotely.

The National protocol has been updated on 29 January 2021. The new document stresses that in the current exceptional circumstances, linked to the threat of the epidemic, telework must be the rule for all activities that allow it. In this context, the working time carried out in telework is increased to 100% for employees who can carry out all their tasks remotely.