Key Benefits:
Publics concerned: companies, pension and occupational health insurance funds, agricultural social pools, labour inspection services.
Subject: Amendments to the rules on the pricing of occupational accidents and occupational diseases.
Entry into force: the text comes into force on the day after its publication, with the exception of the provisions relating to the imputation of the cost of industrial accidents and occupational diseases on behalf of the user company, which come into force on the basis of the 2012 fee.
Notice: The decree draws, first of all, the consequences of the reform of the pricing of industrial accidents and occupational diseases for companies using employees of temporary work enterprises. It defines the share of the cost of the occupational accident or illness that the user company is responsible for. When it is in individual or mixed pricing, the share of the cost of this accident or illness classified in one of the categories of permanent disability at least 10% is equal to one-third of the average cost for that category for the national technical committee of which it depends. When the company is in collective pricing, it is equal to one third of the representative capital of the annuity or capital corresponding to the fatal accident. It removes, in the second place, lower-rate advances, which have been unused for several years, having been replaced in 2010 by another financial aid scheme for companies allocated in the form of grants. Finally, the decree organizes the communication to the pension and health insurance funds at work and to the agricultural social mutuality funds of the measures taken by inspectors or labour controllers against a company concerning particularly serious situations of exceptional risk.
References: the provisions of Social Security Code and Labour code Amended by this decree may be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Labour, Employment and Health and the Minister of Budget, Public Accounts and State Reform, spokesman for the Government,
In view of the rural and maritime fishing code, including articles L. 751-21 and L. 751-48;
Vu le Social Security Code ;
Vu le Labour code ;
Having regard to the opinion of the Commission on Industrial Accidents and Occupational Diseases of 14 September 2011;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality of 14 September 2011;
The State Council (Social Section) heard,
Decrete:
The Social Security Code is thus amended:
1° Section R. 242-6-1 is amended as follows:
(a) The first paragraph is replaced by the following:
"For companies in mixed or individual pricing, the cost of the occupational accident or illness classified in a category corresponding to a permanent incapacity of at least 10% is partly borne by the user company under section L. 241-5-1, on the basis of the average cost made applicable to this category in the professional field of the national technical committee referred to in section L. 422-1, determined by the terms and conditions of which it depends on It is charged to the account of the establishment in which the temporary worker carried out his or her mission, to a third of that average cost to determine the rate of occupational accident contributions and diseases of that institution or of all establishments for which a single rate is set.
"For collective pricing companies, the cost of the work accident or occupational disease that is partially borne by the user company under section L. 241-5-1 includes one third of the representative capital of the pension or capital corresponding to the fatal accident, calculated on the terms determined under section L. 242-5. It enters into the calculation of the collective rates of the different risk categories in view of the classification of the establishment in which the temporary worker carried out his or her mission. » ;
(b) In the last paragraph, the words "in the first paragraph" are replaced by the words "in the first two paragraphs";
2° The 4th of Article R. 421-5 is deleted;
3° Section R. 422-7 is repealed.
In chapter II of title I of Book I of the eighth part of the Labour Code, it is inserted after article R. 8112-5 an article R. 8112-6 as follows:
"Art. R. 8112-6. - For application Articles L. 242-7, L. 422-3 and L. 422-4 of the Social Security Code and articles L. 751-21 and L. 751-48 of the Rural and Maritime Fisheries Code, the inspector or the labour controller shall inform the body responsible for the prevention and pricing of work accidents and competent occupational diseases of the measures it has taken against a company in which it has found a particularly serious situation of exceptional risk, in particular in the case of situations of serious and imminent danger or serious danger to the workers mentioned »
♪ provisions of the first paragraph of Article R. 242-6-1 of the Social Security Code in their writing from the 1st of Article 1 shall apply as of the 2012 pricing under the following conditions:
1° The cost of the occupational injury and illness for 2012 is borne by the user company in accordance with the terms set out in article R. 242-6-1 in its earlier drafting of this decree for the years 2008 and 2009 and in its drafting of this decree for the year 2010;
2° The cost of the occupational injury and illness for 2013 is borne by the user company in accordance with the terms set out in article R. 242-6-1 in its earlier drafting of this decree for the year 2009 and in its drafting of this decree for the years 2010 and 2011;
3° The cost of the work and occupational illness accident for 2014 and the following years is borne by the user company in accordance with the terms and conditions set out in article R. 242-6-1 in its drafting of this decree for the three years in question.
The Minister of Labour, Employment and Health and the Minister of Budget, Public Accounts and State Reform, spokesman of the Government, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 29 December 2011.
François Fillon
By the Prime Minister:
The Minister of Labour,
employment and health,
Xavier Bertrand
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
