The single occupational risk assessment document (DUERP in French) is mandatory in all companies, as soon as the first employee is hired. It must list the occupational risks (physical and psychosocial) incurred by workers, but also the prevention and protection actions put in place.
The employer must assess the risks according to the activities specific to his establishment. This is his responsibility, and is part of his obligation to ensure the safety and protect the health of employees.
The rules of the single document have recently been strengthened and some of them amended.
1. Purpose of the DUERP
Risk assessment makes it possible to implement preventive actions aimed at eliminating risks.
The DUERP identifies and classifies risks according to criteria specific to the company: frequency of exposure, severity, etc. This makes it possible to prioritize and facilitate the planning of measures, prevention, and protection actions to be implemented, in the most appropriate way possible.
2. Update of the DUERP
The DUERP must be updated at least once a year in companies with at least 11 employees.
Nevertheless, the latter must be updated when any adjustment decision modifying working conditions or impacting the health or safety of employees is put in place and/or when information relevant to the assessment of a risk in a work unit is received.
For example, in the context of the health crisis, employers have had to update their DUERPs several times to take into account the evolution of the Covid 19 epidemic and the measures taken
3. Reform : Occupational Health and Safety Act
The legislator renewed the single document with the law of August 2nd, 2021; thus, the content of the DUERP is legally defined and the obligations reinforced.
- The employer must send the DUERP to the occupational prevention and health service to which he adheres at each update.
- The CSE must now also be consulted on the DUERP and its updates in companies with at least 50 employees.
- The DUERP must be kept and made available for at least 40 years. There is a retention obligation to ensure the collective traceability of risk exposures.
- The DUERP and updates must be deposited dematerialized on a digital portal. The filing obligation is applicable from 1 July 2023 for companies with 150 employees or more, and at the latest from 1st of July 2024 for companies with fewer than 150 employees. Additional dates are set by Decree, depending on the number of employees.
- The DUERP must lead to preventive actions. The obligations differ according to the workforce of the company concerned.
For companies with at least 50 employees: annual risk prevention program with content reinforced by the occupational health and safety law. The program must be submitted to the CSE.
For companies with less than 50 employees: definition of risk prevention actions, the list of actions must be provided for in the DUERP and must be presented to the CSE from now on.
Other elements have been defined:
- Risk assessment with regard to work organisation.
- The evaluation is carried out thanks to the CSE, the health, safety and working conditions commission if it exists, the employees competent in health and safety matters (prevention manager), the prevention and occupational health service to which the employer belongs.
In the event of failure to implement the DUERP or update it, the employer incurs several sanctions.
Financially, the employer natural person incurs a fine of 1 500 euros and 3 000 euros in case of repeated infringement. The employer legal person/entity incurs a fine of 7 500 euros, increased to 15 000 euros in the event of a repeat offence.
In addition, the violation of the obligation to make the DUERP available to the staff representative bodies constitutes an offence of obstruction.
Finally, in the field of accidents at work and occupational diseases, the risk here is the recognition of the inexcusable fault of the employer. The latter may be ordered to pay an additional lump sum compensation and/or full compensation for the damage suffered by the employee. He will therefore no longer benefit from favourable provisions for compensation in the event of accidents at work or occupational diseases.
This fact sheet contains summary information. Please contact us for advice tailored to your situation. We cannot be held responsible for misinterpretation
Head of HR/Employment Law
01 40 40 38 38