Modification of the rules applicable to the Occupational Single Risk Assessment Document (DUERP)
Entry into force of the decree amending the rules applicable to the Single Risk Assessment Document – DUERP
As a reminder, the DUERP is a mandatory document related to the prevention of health risks (physical and mental) and the safety at work of workers. No form is imposed for the DUERP but it must include an inventory of dangers, that is to say situations that can potentially be dangerous, and a inventory of risks, ie an analysis of the conditions of exposure of employees to hazards.
The decree of March 18, 2022, which comes into force on March 31, 2022, significantly modifies the rules applicable to the DUERP.
So, in summary:
No more obligation to update annually the DUERP in companies with less than 11 employees (but be careful all the same this update remains mandatory in the event of a major development decision modifying the conditions of health and safety or working conditions)
Widening of access to the DUERP: it must from now on be accessible to former employees of the company for the versions in force when they were in office, and to the entire prevention and occupational health (SPST). Access to the DUERP is therefore no longer limited to occupational physicians and SPST health professionals, but will be extended to workers in the prevention of occupational risks (ergonomist, toxicologist, etc.)
Obligation to file electronically on a digital portal as of July 1, 2023 for companies with 150 or more employees; July 1, 2024 for the others. Until this filing obligation, companies must keep the successive versions of the DUERP on paper or electronic media.
Obligation for all companies to plan preventive actions, or even (for companies with 50 or more employees) an annual occupational risk prevention program and improvement of working conditions (PAPRIPACT). In companies with less than 50 employees, the DUERP must lead to the definition of risk prevention and employee protection actions.
The DUERP is essential to ensure the protection of the health and safety of employees.
Failing to establish or update it when necessary exposes the company:
- to criminal sanctions, but also
- recognition, in the event of an accident at work or occupational disease, of an inexcusable fault involving the condemnation of the company to compensate the victim or his heirs.
It is therefore extremely important to establish a DUERP, regardless of the size of the company, and to comply with the new provisions mentioned above.
