Company health protocol: all measures

A new version of the corporate health protocol came into effect on January 3. The main change in the measures concerns the compulsory use of teleworking for 3 days per week.

In order to take into account the resumption of the epidemic, the Ministry of Labor updated the national company protocol on December 30, 2021, for entry into force on Monday January 3, 2022. The previous version dated from December 8 2021.

Physical distance

Each employee must be able to have a space allowing them to keep a distance of at least one meter from any other person (colleague, customer, user, service provider, etc. ). The protocol gives the possibility of installing physical separations (such as transparent windows) in certain places, in particular at reception and in open space, but this is no longer a recommendation as in previous versions, and the advice of Avoiding face-to-face positions whenever possible has disappeared from the current protocol.

The employer must put in place organizational measures to limit the flow and concentration of people within the company and to allow compliance with the rules of physical distancing. “The employer will seek, in addition to the reorganizations of work allowing to sequence the processes, to review the organization of the workspace and, if necessary, the time slots of the workers to avoid or limit as much as possible the groupings and the crossings”, can -we also read in the company health protocol. Videoconference meetings must therefore remain the norm, and face-to-face meetings must remain the exception. They must always be accompanied by measures such as wearing a mask, physical distancing, airing and ventilation of the premises.

The employer can set a "gauge" defining the number of people who can be present at the same time in the same space (in a meeting room for example) in order to allow compliance with the rules of physical distance.

He is also asked to establish "a flow management plan integrating employees and customers, suppliers and service providers with the implementation of incentive traffic plans" to make traffic flow more fluid and not slow it down. These traffic plans must include car parks. He must in all cases inform employees of the measures in force, and remind them of the possibility of downloading the TousAntiCovid application.

In addition, when wearing a mask is absolutely impossible, for example when taking a shower, employees must respect a distance of at least two meters between them.

Employers who organize the transport of their employees between different sites are also asked to ensure the strict application of the various safety standards in vehicles. On the other hand, the recommendation to avoid transporting several employees in the same vehicle has disappeared from this version of the protocol.

Handling of objects

For physical activities where physical distancing is impossible and which involve physical exchanges between employees or between employees and customers / other persons, a specific health protocol must be established by the 'employer :

It is possible to reserve objects for people to limit the risk of contamination. If a virucidal cleaning process is not possible, the objects should be set aside for at least 24 hours.

Wearing a mask

Since the version published on August 31, 2020 of the company health protocol, wearing a mask for the general public is compulsory in all closed collective workspaces outside individual offices in which only one person is present from September 1, 2020. Whether in meeting rooms, open space, corridors, locker rooms or even in shared offices, employees are therefore always required to wear a mask. general public filtration greater than 90% (corresponding to the so-called "category 1) mask" or "a surgical type mask", covering the nose, mouth and chin at the same time - and this, even if the whole company is vaccinated.

Unless specific arrangements are made, wearing a mask is also required in places open to the public. However, in places subject to the health pass, in which it is now compulsory for users as well as for employees in contact with the public, the latter are no longer required to wear a mask, with the exception of long-distance transport. The prefect, operator or organizer may however decide to maintain the obligation to wear a mask in these places.

Telework

"As of January 3, 2022, employers set for a period of three weeks [until January 24] a minimum number of 3 days of telework per week, for positions that When the organization of work and the situation of the employees allow it, this number can be increased to 4 days a week", imposes the national protocol in companies updated on December 30, 2021. No binding measure for the moment, but an amendment providing for financial penalties for recalcitrant companies is included in the bill transforming the health pass into a vaccination pass.

According to Les Echos, in the event that a formal notice has not been followed up, recalcitrant companies will be notified of a fine. What about the amount? “Up to 1,000 euros per employee whose situation is not in conformity, within the limit of 50,000 euros”, indicated Elisabeth Borne on LCI on December 30.

Vaccination

Vaccination against Covid-19 can be carried out at the workplace, by occupational health services. The employer is required to communicate "the modalities of access to vaccination by the company's occupational health service." If the employee chooses to be vaccinated by the occupational health service, he may, to do so, be absent during his working hours. He does not have to specify the precise reasons to his employer, only to inform him of an absence for a medical examination. He does not have to provide a work stoppage, and the employer cannot oppose this absence.

Since June 30, employers must authorize absences even when vaccination is done outside occupational medicine. However, the employee cannot impose a schedule of absence on his employer: "the employee is invited to contact his employer in order to determine the best way to organize this absence". This rule also applies when the employee wishes to accompany a minor or a protected adult for whom he is responsible to be vaccinated.

The protocol also recalls that "staff of health care, medical, social and social establishments listed in article 12 of the law relating to the management of the health crisis of August 5, 2021 must be vaccinated from August 9, 2021, unless there is a medical contraindication or presentation of a certificate of recovery". Until October 15 inclusive, employees can continue to come to work even if they have only received a single dose of vaccine, by presenting the negative result of an RT/PCR or antigen test less than 72 hours old. This does not concern people in charge of specific missions in these premises. People who were infected with the virus less than six months ago are also exempt from compulsory vaccination, as are those with a contraindication to vaccination. The employer is required to verify the vaccination certificate or, where applicable, the recovery certificate or the medical certificate of contraindication.

In the event of non-presentation of the supporting documents required by the employee, the employer must inform him "without delay of the consequences of this ban on his employment as well as the means of regularizing his situation. It is encouraged establish a dialogue between the employee and the employer to discuss the means of regularizing the situation and to trace in writing these exchanges and any decisions taken during them. The employee may, in agreement with his employer, take days off or RTT. Failing this, the employment contract and remuneration are suspended. The employer can also offer the employee "to be assigned to another position or to work remotely when possible."

He is also required to consult the company's Social and Economic Council "as soon as the obligation to check the vaccination obligation affects the organization of the company". The information must be provided immediately upon the implementation of the measures, and the consultation within one month.

Sanitary pass

The sanitary pass now applies in many places open to the public, and since August 30, employees in contact with users are also subject to it. In addition to the fact that only the establishments listed in article 1 of the law relating to the management of the health crisis of August 5, 2021 can require the presentation of this pass, the protocol recalls that "persons are not subject to this obligation. who intervene in the aforementioned places, establishments, services or events if they intervene outside spaces accessible to the public or outside opening hours to the public or in the event of urgent interventions or for delivery activities". In cases where the system applies, employers are required to have employees check compliance with it. The social and economic committee must be consulted in the same way as for the establishment of the vaccination obligation.

Employees who do not comply with this obligation may, in agreement with their employer, take leave or RTT. Otherwise, the employer notifies the suspension of the employment contract and the cancellation of the remuneration. An interview must take place at the end of the third day of suspension “in order to examine with the person concerned, the means of regularizing his situation, for example by proposing to him to be assigned to another position or to work remotely when he is 'is possible."

Vulnerable employees

The employer must attach particular importance to vulnerable employees. He must therefore comply with reinforced protection measures: he must provide surgical masks, including for transport, and dedicate a personal office to the person or at least provide him with additional protection such as a screen. He must also ensure that the employee can respect the reinforced barrier gestures at all times, and adjust the schedules if necessary. The workstation should not be shared, or as little as possible. It must be disinfected at least at the start and end of the shift, all the more so when it is shared, as well as the surfaces touched by the employee. In the absence of these measures, the employee may be placed in telework when his position allows it.

Vulnerable employees can be placed in partial activity with compensation until July 31 if they meet one of these three conditions: severe immunosuppression (as defined in this document); criterion of vulnerability to Covid-19 (appearing in this decree) and workstation "likely to expose the professional to high viral densities", for which the employer cannot take the protective measures listed above; criterion of vulnerability to Covid-19 and contraindication to vaccination. These employees must then present to their employer a certificate of isolation drawn up by a doctor, to be placed in partial activity. Employees who have already obtained an isolation certificate before this date must provide a new one.

Collective catering

Company canteens remain open, and since June 30, 2021, there is no longer a gauge in catering establishments. The health protocol specifies that each employee must have a seat to eat. With the new version of the protocol dated November 29, 2021, company restaurants must return to a gauge of eight square meters per employee. These must be spaced at least two meters apart to take their meals, "unless a fixed or removable wall provides physical separation", and not eat face-to-face. The protocol also specifies that "the installation of partitions preventing projections between the tables is recommended".

The schedules must remain staggered to allow attendance to be spread out over the day. The maximum accommodation capacity must be displayed. The list of rules to be respected is detailed in this specific document from the Ministry of Labour. The health protocol also specifies since October 16, 2020 that in terms of collective catering, establishment managers must "ensure that the practical organization to comply with" the prescriptions of the HCSP of May 21, 2020 is defined.

Moments of conviviality

Moments of conviviality in the company, which had been suspended since October 29, 2020, have been authorized again since June 9, 2021 by respecting certain rules: wearing a mask maintained, ventilation and ventilation, physical distancing, taking place outside if possible.

The protocol dated November 29, 2021 does not prohibit these moments of conviviality but strongly advises against them. If they stand despite everything, it must be ensured that a distance of two meters between each person is respected to authorize the removal of the mask for drinking and eating.

Cleaning of premises

The protocol published by the Ministry of Labor contains several provisions relating to the cleaning of premises:

Aeration

Aeration and ventilation are described as "an essential measure for preventing situations at risk of aerosolization of SARS-CoV-2". Ventilation should be natural or mechanical: doors and/or windows "open as much as possible", ideally constantly if possible, and at least ten minutes per hour. When the premises offer the possibility, preference should be given to ventilation via two distinct points (door and window, for example). Otherwise, "we will ensure an adequate supply of fresh air by the ventilation system working properly". To ensure the rate of air renewal, the protocol recommends measuring the concentration of carbon dioxide in the air.

Covid referent

The protocol requires the designation of a Covid-19 referent in companies. In small structures, this role can be assumed by the manager. The Covid referent guarantees the implementation of the measures in force and the proper information of employees about them.

Among the missions incumbent on him, the Covid-19 referent must be able, in the event of the occurrence of a proven case, "to facilitate the identification of contacts by the authorities in charge of contact tracing, via the production of a matrix in based on the declarations of the employee concerned and his history of activity in the company". The use of the Tous Anti Covid application should also be encouraged. The referent must also be able to be mobilized in the presence of a symptomatic person (in particular fever and/or cough, difficulty breathing, speaking or swallowing, loss of taste and smell). It will then be up to him, in the absence of any sign of seriousness, to contact the occupational physician or ask the person who shows symptoms to contact his attending physician for medical advice. And, if the absence of signs of seriousness is confirmed, to organize his return home by avoiding public transport. "If the Covid case is confirmed, the identification and management of contacts will be organized by level 1 and 2 contact-tracing actors (doctor taking charge of the case and Health Insurance platforms)." Symptomatic people as well as contact cases should be asked not to come to work.

As a reminder, the identity and mission of the Covid-19 referent must be communicated to all company staff.

Maximum number of employees present

The number of employees present on site is not limited. If this is no longer an obligation since the health protocol published on August 31, 2020, "the employer or the responsible operator can define a "gauge" specifying the number of people who can be present simultaneously in the same space (employees, customers , service providers, suppliers, etc. in compliance with the rules of physical distance, depending on the architecture and dimensions of the premises". A setting of the gauge of 4 square meters per person is mentioned as an indication in the protocol. In all cases, a distance of at least one meter must be observed between each post. In addition, employers adapt attendance times to smooth out the crowds at peak times.

Tests and temperature taking

The generalization of tests or temperature taking in companies is prohibited. The employee is entitled to refuse the temperature control by the company.

Nevertheless, companies must collaborate with the health authorities in the context of contact tracing or in the event of a screening campaign following the detection of a cluster. In addition, they can, on their own initiative, offer screening tests to employees who volunteer. They must then be entirely financed by the employer and be organized under conditions which guarantee their proper execution and respect for medical secrecy. In particular, screening operations must be declared on an online portal at least two days in advance. They can also make self-tests available to employees who so wish, while respecting confidentiality measures.