Key Benefits:
The public concerned: companies, employers and agricultural workers.
Purpose: Missions and means of action of health services workers in agriculture.
Entry into force: the text comes into force on 1 July 2012.
Notice: This decree sets out the tasks of occupational health services in agriculture, including those of the working physician, and defines the actions and means of the members of the multidisciplinary occupational health team, which includes occupational doctors, occupational risk prevention stakeholders, nurses and occupational health service assistants. It provides for the addition of management and promotion missions to prevent occupational risks of employees and agricultural non-salarie.
References: This decree is made for the application of articles 1 and 17 of Act No. 2011-867 of 20 July 2011 on the organization of occupational medicine. The Rural and Maritime Fisheries Code, as amended by this Decree, is available in its drafting from this amendment on the Légifrance website (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Agriculture, Food, Fisheries, Rurality and Land Management,
In view of the rural and maritime fishing code, including articles L. 717-1 to L. 717-6, L. 751-48 and L. 752-29;
Vu le Public Health Code ;
Vu le Social Security Code ;
Vu le Labour codeincluding title II of Book VI of Part IV;
Vu la Act No. 2011-867 of 20 July 2011 on the organization of occupational medicine;
Having regard to the opinion of the Specialized Commission on Agricultural Activities of the Guidance Council on Working Conditions of 12 January 2012;
Having regard to the advice of the Board of Directors of the Central Fund for Agricultural Social Community dated 9 February 2012;
Having regard to the advice of the High Council of Medical Professions dated 7 March 2012;
Having regard to the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated 5 April 2012;
The State Council (Social Section) heard,
Decrete:
I. ― Articles R. 717-1, R. 717-2, R. 717-34 to R. 717-38 and R. 717-42 to R. 717-49 of the Rural and Maritime Fisheries Code, respectively, become articles D. 717-1, D. 717-2, D. 717-34 to D. 717-38 and D. 717-42 to D. 717-49 of the same code.
II. ∙ Articles R. 717-59, R. 717-60, R. 717-61, R. 717-62, R. 717-63, R. 717-64, R. 717-65, R. 717-66 and R. 717-67 of the Rural and Maritime Fisheries Code become articles D. 717-26-1, D. 717-26-2, D. 717-26-26-26-4, D.
Section R. 717-3 of the Rural and Maritime Fisheries Code is replaced by the following provisions:
"Art. R. 717-3.-In occupational health services referred to in 1° and 2° of Article D. 717-1, the missions defined inArticle L. 4622-2 of the Labour Code are provided by a multidisciplinary occupational health team including work physicians, occupational risk prevention stakeholders, nurses and occupational health service assistants. It can be supplemented by professionals recruited after the opinion of the occupational doctor, chief of service, and on a temporary basis, by speciality interns under theArticle L. 4623-1 of the Labour Code.
"The occupational doctor conducts workplace actions with other members of the multidisciplinary team and conducts medical examinations. A working physician, chief of service, animates and coordinates the multidisciplinary occupational health team or the health and safety service at work in agriculture under the conditions set out in section D. 717-43.
"In the occupational health and safety services in agriculture referred to in the 1st of Article D. 717-1, the missions provided for in Articles R. 751-157 to R. 751-159 and 5th of Article R. 752-37 are provided by professional risk prevention advisers. In the departments of Upper Rhine, Lower Rhine and Moselle, these missions are carried out in coordination with the Agricultural Accident Insurance Fund. »
The Rural and Maritime Fisheries Code is amended as follows:
1° It is inserted before R. 717-4, an article R. 717-3-1, as follows:
"Art. R. 717-3-1. - Workplace actions include:
« 1° The visit of places of work;
« 2° The study of positions for the improvement of working conditions, their adaptation in certain situations or the maintenance in employment;
« 3° Identification and analysis of occupational risks;
« 4° The development and updating of the business record provided for in Article D. 717-31;
« 5° Provision of advice in the organization of relief and emergency services;
« 6° Participation in meetings of the Hygiene, Safety and Working Committee or Joint Health, Safety and Working Committee;
« 7° The realization of metrological measures;
« 8° Animating public health information and awareness campaigns;
« 9° Epidemiological investigations;
« 10° Training on specific risks;
« 11° Study of any new production technique;
« 12° The development of safety training actions planned forArticle L. 4141-2 of the Labour Code and that of the rescue workers provided for in Article D. 717-57. » ;
2° The second paragraph of section R. 717-4 is replaced by the following:
"When the occupational health service is not a self-employed business service, this plan is implemented in collaboration with the professional risk prevention advisor and the elements of a business-specific plan are forwarded to the employer, who submits it for advice to the hygiene, safety and working conditions committee or, if not, to staff delegates. In addition, the Occupational Physician, Head of Service, coordinates workplace activity plans and establishes the workplace health service activity plan in accordance with the provisions of Article D. 717-43;
3° Section R. 717-5 is amended as follows:
(a) The words: "The occupational physician a" are replaced by the words: "The occupational physicians and professional risk prevention advisers have";
(b) The words: "he performs" are replaced by the words: "they do" and the words: "whose responsibility is at his initiative" are replaced by the words: "whose responsibility is at their initiative";
4° Section R. 717-6 is replaced by the following provisions:
"Art. R. 717-6. - In order to avoid any impairment of the health of workers as a result of their work, the work doctor where the multidisciplinary team is informed:
« 1° The nature and composition of the products used and their terms and conditions of use, regardless of provisions of articles L. 4411-1 to L. 4411-5 of the Labour Code. The employer shall make available to the occupational physician the safety data sheets provided by the supplier of these products;
« 2° Results of all measurements and analyses carried out in the areas referred to in R. 717-52-2.
"Multidisciplinary team members have access to all non-nominative documents made mandatory by this chapter.
"This right of access is exercised under the conditions guaranteeing the confidentiality of the data and the protection of the information referred to in Article R. 717-10. » ;
5° Section R. 717-7 is amended as follows:
(a) The reference to theArticle L. 241-10-1 of the Labour Code is replaced by a reference to article L. 4624-1 of the same code;
(b) The words: "of the law on reserved and reserved employment" are replaced by the words: "labour employment provisions";
(c) The words: "Regional Inspector of Labour and Labour" are replaced by the words: "Doctor Inspector of Labour";
6° Section R. 717-8 is amended as follows:
(a) The words: "a registered body selected on a list prepared by the Minister for Agriculture" are replaced by the words: "accredited body or certified body";
(b) The words: "Regional Inspector of Labour and Labour" are replaced by the words: "Doctor Inspector of Labour";
7° Article R. 717-9 is repealed;
8° Section R. 717-10 is replaced by the following provisions:
"Art. R. 717-10. - It is prohibited for the occupational doctor or multidisciplinary team to reveal the secrets of manufacturing and operating processes that may be known to him in the performance of his duties.
"The lack of knowledge of these prohibitions is punishable in accordance with Article 226-13 of the Criminal Code. » ;
9° Article R. 717-11 is supplemented by a sentence as follows:
"In the event of an incapacity, he authorizes the nurse to attend. » ;
10° After the article R. 717-11, an article R. 717-11-1 is inserted as follows:
"Art. R. 717-11-1. - The occupational doctor may, in the event of an incapacity, authorize the participation of the nurse in meetings of the hygiene, safety and working committee or parity committees of hygiene, safety and working conditions when they exist";
11° In article R. 717-12, after the words: "in the workplace" are inserted the words "at a minimum".
The Rural and Maritime Fisheries Code is amended as follows:
1° The title in subsection 2 of subsection 2 of section 2 of chapter VII, title I, of Book VII is replaced by the following title:
Paragraph 2. Individual monitoring of the employee's state of health»;
2° Sections R. 717-13 to R. 717-18 are replaced by the following:
"Art. R. 717-13.-Any employee shall, in the course of his or her recruitment and in the course of his or her professional activity, receive medical supervision whose objective is:
« 1° To ensure that the employee is medically fit for the position of work to which the employer intends to assign it;
« 2° To propose possible adaptations of the position or assignment to other positions;
« 3° To seek if the employee is not affected by a dangerous affection for other workers;
« 4° To inform the employee of the health consequences of exposures to the workplace and the necessary medical monitoring;
« 5° To sensitize the employee on ways of prevention to implement;
« 6° To inform the employee of the possibility of seeking a visit to the request from the working physician after information from the employer.
“Subparagraph 1
"Recruitment of Employment
"Art. R. 717-14.-Any employee shall be subjected to a medical examination in connection with his or her employment.
"Except when the occupational health service is a self-service business, the medical examination is performed:
« 1° No later than 30 days after the hiring, when employees are:
“(a) Subject to enhanced medical supervision pursuant to the 4th of section R. 717-16 or normally assigned to certain works listed by order of the Minister for Agriculture with special requirements or risks;
“(b) Recognized as disabled workers;
"(c) Aged under eighteen years;
« 2° At the latest within the maximum period of ninety days following the hiring, when employees do not belong to any of the categories listed above.
"For employees of a self-employed health service at work, this examination must take place no later than the expiry of the trial period.
"Art. R. 717-14-1.-I. ― A new hiring review is not mandatory when the following conditions are met:
« 1° The employee is called upon to occupy an identical job with the same exposure risks;
« 2° No inability was recognized during the last medical examination during the course:
“(a) Either twenty-four months before the employee is hired again by the same employer;
“(b) Be the last twelve months when the employee changes business;
« 3° The doctor of the work concerned is in possession of the fitness card established under section R. 717-28.
“II. ― The medical examination exemption provided for in I is not applicable:
“(a) Employees benefiting from medical supervision of certain occupations or certain modes of work under the 3° of Article L. 4111-6 of the Labour Code ;
“(b) To employees mentioned at the 1st of Article R. 717-14.
"Art. R. 717-14-2.-I. ― For seasonal employees recruited for a period of not less than forty-five working days, a medical examination of hiring is mandatory.
"A new job review is not mandatory for these employees when they are recruited for a job equivalent to those previously occupied and no incapacity was recognized during the last medical examination in the previous 24 months.
“II. ― For seasonal employees recruited for a period not more than forty-five days and not assigned to the work referred to in the 4th of Article R. 717-16, the occupational health service organizes training and prevention activities for them in enterprises.
"The Hygiene, Safety and Working Committee(s) as well as the Joint Committee on Hygiene, Safety and Working Conditions in Agriculture referred to in Article L. 717-7 are consulted on these actions that may be common to several companies.
"People who are usually employed seasonally for a period of not more than forty-five days may, at their initiative, benefit from a medical examination conducted outside the actual periods of work.
“Subparagraph 2
« Periodic reviews
"Art. R. 717-15.-Every employee shall be provided with a periodic medical examination to ensure that he/she maintains his/her ability to work and informs him/her of the consequences of exposures to the workstation on his/her health and medical monitoring.
"This examination is carried out at least every forty-eight months, subject to the completion of intermediary nursing interviews, the necessity of which is appreciated by the occupational doctor, and annual multidisciplinary workplace actions. This organization must ensure the health protection of the employee, taking into account the recommendations of existing good practices.
"In the absence of an intermediate nurse, this examination is performed every thirty months.
"For employees covered by 1° to 4° of Article R. 717-16, this examination is carried out at least every twenty-four months, subject to the completion of intermediate nursing interviews, the necessity of which is appreciated by the occupational doctor, and annual multidisciplinary actions in the workplace, this organization to ensure the protection of the employee's health.
"In the absence of an intermediate nurse, this examination is performed once a year.
“Subparagraph 3
“Advanced medical surveillance
"Art. R. 717-16.-The occupational doctor exercises enhanced medical supervision over:
« 1° pregnant or breastfeeding women;
« 2° Workers under 18 years of age;
« 3° Disabled workers;
« 4° Employees assigned to work exhibiting to asbestos, ionizing radiation and falling under category A or B, lead under the conditions specified inArticle R. 4412-160 of the Labour Code, at hyperbaric risk, at noise under conditions 2° of article R. 4434-7 of the Labour Code, vibration under the conditions specified inArticle R. 4443-2 of the Labour Codebiological agents of groups 3 and 4 and carcinogenic, mutagenic and reprotoxic agents of categories 1 and 2;
« 5° Employees exposed to certain occupational hazards determined by the order mentioned in paragraph 1 of Article R. 717-14.
"The occupational doctor is a judge of the nature and frequency of the examinations and interviews that this enhanced monitoring entails taking into account the recommendations of existing good practices.
“Subparagraph 4
“Preresumed and resumed examinations
"Art. R. 717-17.-In order to promote the continued employment of employees in stoppages of work of professional origin or not, for a period of more than three months, a pre-resumption visit is organized by the occupational doctor at the initiative of the employee, the attending physician or the consulting doctor of the farm mutuality fund.
"During the pre-resumption visit, the work doctor may recommend:
« 1° Developments and adaptations of the workstation;
« 2° Reclassifications;
« 3° Vocational training to be organized in order to facilitate the reclassification of the employee or his or her professional reorientation.
"For this purpose, it relies on the social service of the farm social mutuality fund or on that of the company as soon as it exists.
"With the exception of the employee, the occupational doctor and the doctor-in-council of the agricultural social mutuality fund may exchange the information necessary to carry out this visit in accordance with the medical confidentiality.
"Art. R. 717-17-1.- Occupational accidents, occupational diseases, maternity leave, absences due to illness or non-occupational accident must be brought to the attention of the occupational doctor by the director of the Agricultural Social Mutual Fund, in particular, in order to enable the occupational doctor to advocate, with the multidisciplinary team, measures to prevent occupational risks.
« 1° A medical examination takes place at the employer's initiative upon resumption of work or no later than eight days in the following cases:
“(a) After an absence due to illness or non-professional accident lasting two months;
“(b) After an absence due to professional illness;
"(c) After an absence due to a one-month work accident;
"(d) After maternity leave;
« 2° The purpose of the recovery review is:
“(a) To issue the employee's medical discretion to resume his position;
“(b) To advocate for the development, adaptation of the position or reclassification of the employee;
"(c) Review proposals for the development, adaptation of the position or reclassification made by the employer following the preconizations issued by the occupational physician during the pre-resumption visit;
"(d) To specify, as appropriate, the conditions for security training adapted to the situation of the persons concerned.
"Art. R. 717-18.-The occupational physician can only see the employee's medical inability to work at the employee's post after:
« 1° A study of this post;
« 2° A study of working conditions in the company;
« 3° Two medical examinations of the individual separated by two weeks, accompanied, where applicable, further examinations.
"When the employee's retention at his or her workplace results in an immediate danger to his or her health or safety or to third parties or a pre-resumption visit has taken place within a maximum period of thirty days, the medical notice may be issued in a single visit.
"The working physician may, before issuing his or her opinion, consult the occupational doctor.
"The reasons for his notice must be recorded in the employee's medical records.
"The medical notice of fitness or final incapacity refers to the deadlines and remedies.
"In the event that the employee or the employer challenged this medical notice, the appeal shall be sent within two months, by registered letter with notice of receipt, to the labour inspector of which the company reports. The application sets out the grounds for the dispute.
"The Labour Inspector's decision may be contested within two months before the Minister for Labour";
3° A sub-paragraph 5, entitled "Subparagraph 5", is created after R. 717-18. • Complementary examinations » and including articles R. 717-19 to R. 717-26;
4° In R. 717-19, the words: "in busy employment" are replaced by the words: "in the workplace" and the words: "outside the medical service" are deleted;
5° Section R. 717-20 is amended as follows:
(a) The words: "by theArticle L. 213-5 of the Labour Code and the regulations made pursuant to sections L. 231-2 (2°) and L. 231-7 of the same code are replaced by the words: "by the regulatory provisions made pursuant to 3° of Article L. 4111-6 of the Labour Code, ”
(b) The words: "the dispute is submitted to the inspector of work, who decides after the opinion of the regional inspector of labour and labour" are replaced by the words: "the decision is taken by the inspector of work";
(c) The last paragraph is replaced by the following:
"In both cases, any action must be taken to ensure that the anonymity of these examinations is respected";
6° Article R. 717-21 is repealed;
7° Section R. 717-22 is amended as follows:
(a) The words: "on the initiative of the work doctor or on written and motivated request from him, his employer or his attending physician, addressed to the work doctor" are replaced by the words: "on his initiative, on the initiative of the work doctor, his attending physician or on written request and motivated by his employer addressed to the work doctor. » ;
(b) It is added a last paragraph as follows:
"The employee's request cannot justify any sanction. » ;
8° The last sentence of Article R. 717-23 is replaced by two subparagraphs as follows:
"In order to conduct the census of these occupational exposures, the occupational doctor may apply to the employer(s) concerned.
"As a result of this examination, the occupational doctor gives the employee a document describing his exposure to professional risks, the model of which is fixed by order of the minister responsible for agriculture";
9° Article R. 717-24 is amended as follows:
(a) The reference to Article R. 717-14 is replaced by a reference to Article R. 717-14-2;
(b) The words: "of R. 717-17" are replaced by the words: "preresumed visits referred to in R. 717-17,"
(c) The last sentence of the third paragraph is replaced by the following sentence:
"They are supported by the employer";
10° In R. 717-26, the words "for the exercise of his duties" are replaced by the words "and to the nurse for the exercise of their duties".
The Rural and Maritime Fisheries Code is amended as follows:
1° Section R. 717-27 is amended as follows:
(a) The words: "first visit" are replaced by the words: "hiring visit";
(b) The words: "a medical file" are replaced by the words: "the occupational health file mentioned in theArticle L. 4624-2 of the Labour Code » ;
(c) The words: "regional work and labour" are replaced by the words: "work";
2° Section R. 717-28 is amended as follows:
(a) After the reference to R. 717-17, the words are added: "and to R. 717-22";
(b) After the second preambular paragraph, a sub-item reads as follows:
"The delivery of a nursing certificate, established in duplicate, allows the employee to reach the medical examination. A copy is given to the employee, the other is forwarded to the employer. » ;
(c) In the fifth paragraph, the words "sections 1 to 6 of this chapter" are replaced by the words "subsections 1 to 6 of this section";
(d) The last paragraph is replaced by the following:
"The model of the fitness sheet and medical records is fixed by order of the minister responsible for agriculture";
3° Article D. 717-28-1 becomes Article R. 717-28-1;
4° Section R. 717-31 is amended as follows:
(a) In the first two sentences of the first paragraph, after the words: "the doctor of work", the words "or the multidisciplinary team" are inserted;
(b) In the second paragraph, the reference toArticle R. 230-1 of the Labour Code is replaced by a reference to articles R. 4124-1 to R. 4131-4 of the Labour Code, the words "regional work and labour" are replaced by the words "work" and the last sentence is replaced by the following:
"It is presented to the Hygiene, Safety and Working Committees or Joint Health, Safety and Working Committees at the same time as the annual balance sheet provided for in theArticle L. 4612-16 of the Labour Code or the workplace activity plan provided for in section R. 717-4. » ;
(c) In the third paragraph, the words "prevention advisers" are replaced by the words "professional risk prevention advisers".
The Rural and Maritime Fisheries Code is amended as follows:
1° In R. 717-32, the words: "The working physician can" are replaced by the words: "The members of the occupational health service can" and the word "he" is replaced by the word "their";
2° Section R. 717-33 is repealed.
Sub-section 4 of chapter VII, section 2 of title I of Book VII of the Rural and Maritime Fisheries Code is amended as follows:
1° Its title is replaced by the title: "Subsection 4. Personnel involved in occupational health service";
2° Paragraph 2 becomes paragraph 4;
3° Paragraph 1 is replaced by the following:
“Paragraph 1
“Work doctor
“Subparagraph 1
“Recruitment, appointment and termination of contract
"Art. R. 717-50.-Only a doctor who meets one of the following conditions may practice occupational medicine:
« 1° Complete the conditions mentioned in theArticle R. 4623-2 of the Labour Code ;
« 2° Be a graduate from the National Institute of Agricultural Medicine.
"These provisions are not applicable to physicians who practised work in agriculture prior to July 12, 1968.
"Art. R. 717-50-1.-A doctor may not, in respect of the same beneficiary, perform the duties of a work doctor and those of a consulting physician as organized by paragraphs 2 to 4 of subsection 5 of chapter III, section 3, of heading II, of this book.
"Art. R. 717-51.-In occupational health services organized under the conditions laid down in articles D. 717-34 and D. 717-35, the occupational health care professional is bound by a contract of work governed by the provisions of the Labour code and concluded with respect to Code of Medical Ethics. The conditions of work and remuneration of the working physician shall be determined by a collective agreement approved by the Minister for Agriculture under the conditions determined by theArticle L. 123-1 of the Social Security Code.
"The appointment of a work doctor shall be made after the following procedures as it occurs in an agricultural social mutuality fund or a specialized association.
« 1° In a section, the occupational doctor may only be appointed under the conditions provided for in section L. 723-35. The social welfare committee and the board of directors of the caisse can only validly deliberate if at least half of their members are present. The opinion of the social welfare committee and the deliberation of the board of directors of the caisse are taken by a majority of the members present by a secret ballot.
"In the event of a disagreement between the board of directors and the committee for the social protection of agricultural workers, the appointment of the working physician shall be made, pursuant to the provisions of section L. 723-38, by the board of directors upon a decision in accordance with the decision of the labour inspector, after the advice of the regional occupational inspector;
« 2° In a specialized association, the appointment shall be submitted for agreement to the board of directors who shall vote by a majority of the members present by a secret ballot.
"Art. R. 717-51-1.-The termination can only be pronounced under the following conditions, depending on whether it intervenes in a union section of agricultural social mutuality or a specialized association.
« 1° In a section, where the termination of a work doctor, the conventional rupture or termination of the fixed-term employment contract in the cases provided for in theArticle L. 4623-5-1 of the Labour Code is considered, the board of directors, the committee of social protection of employees and the committee of business shall decide after hearing of the person concerned.
"These measures may only take place under the conditions set out in Article L. 723-35 of this Code and following the pre-examination provided for inArticle L. 1232-2 of the Labour Code during which the person concerned has been asked to submit his comments to the director of the Agricultural Social Community Fund.
"The social welfare committee and the board of directors of the caisse can only validly deliberate if at least half of their members are present. The opinion of the social welfare committee and the deliberation of the board of directors of the caisse are taken by a majority of the members present by a secret ballot.
"The corporate committee shall vote by secret ballot, by a majority of its members, regularly convened, present or represented;
« 2° In a specialized association, where the termination of a work doctor, the conventional rupture or termination of the fixed-term employment contract in the cases provided for in theArticle L. 4623-5-1 of the Labour Code is considered, the board of directors and the board of business shall decide after hearing the interested party.
"The board of directors must vote by a majority of the members present by a secret ballot vote.
"The corporate committee must vote by secret ballot, by a majority of its members, regularly convened, present or represented.
"The pre-maintenance provided for in Article L. 1232-2 and to be carried out in front of the director of the agricultural social mutuality fund precedes the consultation of the authorities;
« 3° In section as in specialized association, termination, conventional rupture and termination of fixed-term employment contract in the cases provided for in theArticle L. 4623-5-1 of the Labour Code may only be intervened on the authorization of the Labour Inspector, after the advice of the Regional Labour Inspector.
"The application for authorization, in the cases referred to in the preceding paragraph, is addressed to the inspector of the work of which the agricultural social mutuality fund employs it, by registered letter with notice of receipt.
"The application sets out the grounds for termination, early termination or non-renewal of the proposed fixed-term employment contract. It is accompanied by the minutes of the business committee meeting and the advice of the board of directors. When the service is organized in section, the opinion of the employee welfare committee must accompany the application for authorization.
"The application is transmitted within fifteen days of the deliberation of the business committee.
"In the event of an establishment, the consultation of the corporate committee, the board of directors and the social welfare committee of employees, when the service is organized in section, takes place within ten days of the establishment. Application for termination, conventional termination or termination of the fixed-term contract in the cases provided for at Article L. 4623-5-1 of the Labour Code is transmitted to the Labour Inspector within 48 hours of the deliberation of the competent bodies.
"The Labour Inspector conducts an adversarial investigation in which the occupational doctor may, upon request, be assisted by a person of his or her choice from the occupational health service staff or the social mutuality fund in which he or she is in office.
"The Labour Inspector makes his decision within fifteen days, reduced to eight days in the event of a set-up. This deadline is short from the receipt of the employer's substantiated application. It is only extended if the needs of the investigation warrant it.
"The Labour Inspector's decision is motivated. It is notified by registered letter with notice of receipt:
“(a) To the employer;
“(b) To the doctor of work;
“(c) To the business committee.
"The Minister may cancel or reform the Labour Inspector's decision on the employer's or occupational doctor's appeal.
"This appeal is filed within two months of notification of the inspector's decision.
"The silence of this appeal for more than four months is a decision to reject it.
"Art. R. 717-51-2.-In the occupational health services organized under the conditions set out in articles D. 717-34 and D. 717-35, the number of workers' doctors who supervise agricultural workers, volunteer members in the occupational health and safety service, employees of temporary work enterprises who have been authorized to join the occupational health and safety service, and employees of the users mentioned to the employees is as follows 7-26
"A full-time physician ensures maximum medical supervision of 2,600 agricultural workers or volunteer members, a total of 2,900 if they are employees of agricultural cooperatives or companies of agricultural collective interest and 4,100 if they are other employees referred to in 5° and 6° of Article L. 722-20.
"To determine the above ratio, employees working less than forty days a year are not counted.
"The number of working physicians is increased given the time required to conduct the medical supervision of the beneficiaries of the conventions provided for in article D. 717-38 and specified in each convention according to the provisions applicable to them in the field of occupational medicine or preventive medicine. This number may not be less than that provided for the examination of employees referred to in 5° and 6° of Article L. 722-20.
"Art. R. 717-52. -In self-employed health services, the occupational doctor is bound to the employer by a work contract governed by the Labour code and concluded with respect to Code of Medical Ethics.
"It operates under the following conditions:
"His appointment is subject to an agreement on the corporate committee to decide by a majority of the members present by a secret ballot vote. If no agreement is reached, the appointment shall be made by a decision of the Labour Inspector made after the opinion of the Occupational Inspector.
"The termination project, the conventional rupture and the termination of the fixed-term employment contract in the cases provided for in theArticle L. 4623-5-1 of the Labour Code are submitted for advice to the corporate committee that must make a decision by a majority of the members who are regularly summoned, present or represented by a secret ballot vote after hearing the interested party. These measures may only be taken by the Labour Inspector, after the advice of the Regional Labour Inspector.
"The request for authorization, in the cases referred to in the previous paragraph, is addressed to the inspector of the work of which the self-service which employs it, by registered letter with notice of receipt.
"The application sets out the grounds for termination or early termination or non-renewal of the proposed fixed-term employment contract. It is accompanied by the minutes of the business committee meeting.
"The application is forwarded within fifteen days of the business committee's consultation.
"In the event of an establishment, the consultation of the business committee shall take place within ten days of the establishment. Application for termination, conventional termination or termination of the fixed-term contract in the cases provided for in the Articles L. 4623-5-1 and L. 4623-5-2 of the Labour Code is transmitted to the Labour Inspector within 48 hours of the deliberation of the competent bodies.
"The Labour Inspector conducts an adversarial investigation in which the work doctor may, upon request, be assisted by a person of his or her choice from the self-service staff or the social mutuality fund in which he or she is in office.
"The Labour Inspector makes his decision within fifteen days, reduced to eight days in the event of a set-up. This deadline is short from the receipt of the employer's substantiated application. It is only extended if the needs of the investigation warrant it.
"The Labour Inspector's decision is motivated. It is notified by registered letter with notice of receipt:
« 1° To the employer;
« 2° To the doctor of work;
« 3° To the business committee.
"The Minister of Labour may cancel or reform the Labour Inspector's decision on the employer's or occupational doctor's appeal.
"This appeal is filed within two months of notification of the inspector's decision.
"The silence of this appeal for more than four months is a decision to reject it.
"Art. R. 717-52-1. -In self-employed occupational health services, the working physician shall devote monthly to the tasks set out in subsection 2 of this section a minimum time of one hour for fifteen employees.
“Subparagraph 2
"Missions and Terms of Service
"Art. R. 717-52-2.-The Occupational Physician shall be the Counsel of the Employer, Workers and Staff Representatives with respect to, inter alia:
« 1° Improvement of living and working conditions in the company;
« 2° The adaptation of positions, techniques and rhythms of work to physical and mental health, in particular with a view to preserving the continued employment of employees;
« 3° The protection of employees against all nuisances, especially against the risks of occupational accidents or the use of dangerous products;
« 4° General hygiene of the establishment;
« 5° Hygiene in catering services;
« 6° Health prevention and education within the framework of the establishment related to occupational activity;
« 7° Construction or new developments;
« 8° Changes to equipment;
« 9° The establishment or modification of the night organization.
"In order to carry out these missions, the occupational doctor, if any in connection with the multidisciplinary occupational health team, conducts work activities.
"He conducts medical examinations.
"The work doctor or multidisciplinary team coordinate with the company's social service as soon as it exists.
"Art. R. 717-52-3.-The occupational doctor personally performs all of his duties. They are exclusive of all other functions in the establishments of which they are responsible.
"By derogation from the previous paragraph, the occupational physician may entrust certain activities, under his or her responsibility, in the context of written protocols, to nurses, occupational health service assistants or other members of the multidisciplinary occupational health team within the limits of the respective competencies of health professionals whose conditions of exercise are governed by the Public Health Code.
"The work doctor may be replaced during his absence. If this absence exceeds three months, its replacement is in law;
4° Paragraph 2 was reinstated and a paragraph 3 was established as follows:
“Paragraph 2
« Collaborator doctor
"Art. R. 717-52-4.- Physicians may be recruited as soon as they engage in a training process or at the National Institute of Agricultural Medicine to obtain the qualification in occupational medicine from the national order of doctors. They are supervised by a qualified medical doctor of the work they attend in his missions.
“Paragraph 3
« Interne en médecine du travail
"Art. R. 717-52-5.-The occupational health services organized under the conditions set out in articles D. 717-34 and D. 717-35 may be approved, under the conditions provided for in articles L. 632-5 of the Education Code, as extra-hospital organizations hosting in-training the internals enrolled in the specialized degree in occupational medicine or the students of the second cycle of medical studies.
"Art. R. 717-52-6.-The intern in occupational medicine is subject to the provisions relating to the boarding regime determined under theArticle L. 6153-1 of the Public Health Code and the organization of the third cycle of medical studies established pursuant to Article L. 632-2 of the Code of Education.
"Art. R. 717-52-7.-May be allowed to practice work medicine in replacement of a work doctor temporarily absent the work medicine intern having the level of study required by the work doctorArticle L. 4131-2 of the Public Health Code and authorized by the Departmental Council for the Order of Physicians under the conditions established by this same article. The work medicine intern may also be allowed to practice work medicine pending the taking of duties of a work doctor. » ;
5° In new paragraph 4, a sub-paragraph 1 is inserted before section R. 717-53, entitled "Subparagraph 1. Common provisions » as follows:
“Subparagraph 1
“Common provisions
"Art. R. 717-52-8.-The registered nurse is a State graduate or is authorized to exercise without limitation under the conditions provided by the Public Health Code. If the nurse did not receive a qualifying occupational health training, the employer enrolled it in the 12 months following her recruitment and promoted her ongoing training.
"The nurse recruited in the occupational health service organized under the conditions set out in sections D. 717-34 and D. 717-35 shall be provided with in-service training provided by the National Institute of Agricultural Medicine validated by the issuance of a training follow-up certificate.
"Art. R. 717-52-9.-In accordance with the rules relating to the practice of the nursing profession determined under theArticle L. 4311-1 of the Public Health Code, the nurse exercises his or her own duties and those defined by the occupational physician, on the basis of the written protocols referred to in R. 717-52-3.
"Art. R. 717-52-10.-A nursing interview may be established as part of the protocols referred to in R. 717-52-3. This interview results in the issuance of a nursing certificate that does not include any mention of the employee's fitness or medical fitness.
"The nurse may also, within the framework of these protocols, carry out additional examinations, carry out workplace actions and participate in collective information actions designed in collaboration with the occupational physician and validated by him in accordance with the rules related to the exercise of the nursing profession determined under the application of theArticle L. 4311-1 of the Public Health Code.
"The nurse has access to the shared areas of the employee's medical file and has the opportunity to update it.
"Art. R. 717-52-11.-The nurse is held in professional secrecy pursuant to Article D. 4312-4 of the Public Health Code and the secrets of manufacturing and operating procedures in accordance with Article R. 717-10 of this Code. » ;
6° New paragraph 4 establishes a sub-paragraph 2 entitled: “Subparagraph 2. Business nursing staff » including articles R. 717-53 to R. 717-56;
7° In R. 717-53, the words: "Regional Inspector of Labour and Labour" are replaced by the words: "Doctor Inspector of Labour";
8° Sections R. 717-54 and R. 717-55 are replaced by the following:
"Art. R. 717-54. -In companies with self-service, this staff is recruited after the doctor's advice of this service; he assists him in all his activities.
"In other companies, nurses provide assistance to the occupational doctor.
"When the multidisciplinary occupational health team is involved in a nursing company, the team coordinates with the nursing staff of the company.
"Art. R. 717-55.-The nurse is bound by a contract of employment with the employer. It can only be terminated after the opinion of the occupational doctor who supervises the company's staff.
"The nurse must have a nursery room. » ;
9° It is created after R. 717-56 a sub-paragraph 3 entitled "Subparagraph 3. Nurses in occupational health services" as follows:
“Subparagraph 3
"Nursing staff in occupational health services
"Art. R. 717-56-1.-In occupational health services organized under the conditions set out in sections D. 717-34 and D. 717-35, nurses are recruited or terminated with the agreement of the occupational doctor, head of service.
"Its role is exclusively preventive, except in the event of an emergency. » ;
10° Paragraph 5 and paragraph 6, after R. 717-56-1, read as follows:
“Paragraph 5
"Professional Risk Prevention Officer
in occupational health services
"Art. R. 717-56-2.- Occupational health services, organized under the conditions set out in sections D. 717-34 and D. 717-35, may, under the supervision of the occupational doctor, head of service, be used by occupational risk prevention stakeholders registered with the Regional Director of Business, Competition, Consumption, Work and Employment under the conditions provided for in articles D. 4644-6 to D. 4644-11 of the Labour Code.
"Art. R. 717-56-3.- Occupational risk prevention stakeholders have occupational health and safety skills. They have the time and means to carry out their missions. They cannot be discriminated against because of their prevention activities. They carry out their missions in conditions guaranteeing their independence.
"Art. R. 717-56-4.-The intervener in occupational risk prevention participates, in an exclusive goal of prevention, in the preservation of workers' health and safety and in the improvement of working conditions. In this context, he conducts diagnostic, counselling, support and support missions and communicates the results of his studies to the occupational doctor.
“Paragraph 6
"Health Services Assistant at Work
"Art. R. 717-56-5.-In occupational health services organized under the conditions set out in sections D. 717-34 and D. 717-35, the assistant of the service may only be recruited or terminated with the agreement of the occupational doctor, head of the service, pursuant to section D. 717-43.
"He assists the multidisciplinary team in his activity.
"He is responsible for the administrative management of data concerning companies and employees and can conduct hospitality interviews.
"It helps to identify hazards and identify occupational health needs in businesses. It participates in the organization, administration of prevention projects and the promotion of occupational health in these companies. »
In section R. 717-58 of the Rural and Maritime Fisheries Code, the reference toArticle L. 620-5 of the Labour Code is replaced by a reference to Article D. 4711-1 of the Labour Code.
The Rural and Maritime Fisheries Code is amended as follows:
1° In article R. 751-23, the words "in State Council" are deleted;
2° In the first paragraph of Article R. 751-156, the words: "from the general direction of the forest and rural affairs to" are replaced by the words: "from the service of financial, social and logistical affairs of";
3° After article R. 751-157, an article R. 751-157-1 is inserted as follows:
"Art. R. 751-157-1. - The mission of the Professional Risk Prevention Adviser is to:
« 1° Implement the occupational risk prevention policy of employees. To this end, it advises employers and contributes to improving the working conditions of employees in companies;
« 2° Conduct a preventive approach to reducing occupational risks in connection with the multidisciplinary team provided for in article R. 717-3;
« 3° To ensure control of prevention, including in the following articles;
« 4° Participate in surveys of occupational accidents and diseases;
« 5° Provide advice to the Regional Committee for the Recognition of Occupational DiseasesArticle L. 461-1 of the Social Security Code ;
« 6° Siéger à la commission pluridisciplinaire prévue à l'Article L. 351-1-4 of the Social Security Code.
"Prevention advisers also carry out these missions with respect to non-salaries in accordance with Article 5 R. 752-37. » ;
4° In article R. 751-162, a penultimate paragraph is inserted as follows:
"The procedures for carrying out these missions shall be determined by order of the Minister for Agriculture. »
The provisions of this decree are not applicable in the overseas departments of Mayotte and Saint-Pierre-et-Miquelon, as well as in the overseas communities of Saint-Barthélemy and Saint-Martin.
This Order comes into force on 1 July 2012.
The Minister of Agriculture, Food, Fisheries, Rural and Land Management is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 7 May 2012.
François Fillon
By the Prime Minister:
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
Bruno Le Maire
