FRANCE
/The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner. Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.
May 6, 2020: New and updated information. Updates are indicated in BOLD font in the article below.
1. Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness?
In France there is no requirement for an Employer to notify the Authority if an employee contracts COVID-19. The Disease is not reportable under the French Legislation (Reporting of Accidents, Incidents and Dangerous Occurrences).
However, exception is made for medical professionals. When medical professionals, including employees at testing labs, are exposed during their normal activities, the regulation on biological risk applies under the terms of the Ministerial Order of 18 July 1994. In this case, it would be classified as an occupational disease.
2. Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?
No return to work process has been specifically established on the management of COVID-19 at the Workplace.
However, the Article R.4624-22 of Labour Code stipulates that an examination by a physician is mandatory after an absence of at least 30 days due to a sickness.
3. Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business? If so, please list them below and how long they will be in place?
On May 3rd, 2020, the French Ministry of Labour issued a national deconfinement protocol for companies and businesses to ensure the health and safety of employees.
It can be downloaded by clicking on the link below.
https://travail-emploi.gouv.fr/IMG/pdf/protocole-national-de-deconfinement.pdf
The French public administration adopted significant containment measures aimed at protecting the health of French’s citizens. To contain the COVID-19 outbreak, the French government has approved the Act 2020-290 on 23 March 2020, as well as its regulatory provisions, declaring a “State of Alarm” to tackle the health-crisis situation. [Act 2020-290: (https://www.legifrance.gouv.fr/jo_pdf.do?id=JORFTEXT000041746313)]
A lockdown was implemented on 15 March and has been extended through 11 May. In addition to the publication of the government guideline (Ministry of Labour) for the business and the public, several COVID-19 mitigation guidelines have been issued by industry sectors and branch of economic activity.
These mandatory measures can be summarized as follows:
Employers must re-assess the risks of the workplace and take appropriate action to either eliminate or minimize those risks. Company representatives (CSE) should be involved in the process.
Risk register (DUER) must be updated and reviewed as required,
Risk assessment results and the risk register must be communicated to the employees.
Where possible, priority is to be given to working from home, or telecommuting.
When it is necessary for employees to come to work, the employer is required to ensure that adequate precautions are in place to minimize exposure to COVID-19. These include, but are not limited to:
Enhancing cleaning and sanitizing efforts,
Ensuring that employees are aware of their safety rights and responsibilities,
Providing appropriate protective devices and equipment based on the nature of the work,
Putting social distancing and other preventative measures in place,
Limiting worker participation in in-person gatherings and encouraging practices like teleconferences as an alternative.
Eliminating work travel except for travel that is required to provide essential services.
The employer should ensure that the following workers do not come to work:
Employees who are experiencing symptoms of COVID-19, whether or not the illness has been confirmed as COVID-19.
Employees who are particularly vulnerable must be protected. The following link provides a list and descriptions of people at highest risk:
The link to access the mandatory COVID-19 mitigation guidelines is: (https://travail-emploi.gouv.fr/le-ministere-en-action/coronavirus-covid-19/questions-reponses-par-theme/article/mesures-de-prevention-dans-l-entreprise-contre-le-covid-19-masques)
4. Which governmental authority issued these guidelines, and are they voluntary or mandatory?
The guidelines were issued by the Ministry of Labour and are mandatory.
5. Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?
Failure to comply with these mitigation measures may constitute an “faute inexcusable” (i.e. gross negligence) involving the civil and criminal liability of the employer. In this circumstance, only the designated judge will be eligible to determine the penalties to be imposed and the inherent sanctions for disregarding the Labour Code.
6. Has your country adopted any laws or regulations related to COVID-19?
The French government has approved the Act 2020-290 on 23 March 2020 as well as its regulatory provisions to tackle COVID-19 outbreak. Laws listed at the following website directly correlate with the guidelines described above: [Act 2020-290: (https://www.legifrance.gouv.fr/jo_pdf.do?id=JORFTEXT000041746313)]
The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available. If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.
