A decree has just defined the specifications relating to the approval of occupational health and prevention services. It also provides details on the activity reports of the SPSTs, on the information sent to the CSE and to the administration as well as on the documents communicated to the companies adhering to the SPSTIs.
On the accreditation of SPSTs
The health law provides that any prevention and occupational medicine service (other than inter-company services provided by a group or body separate from the establishment that employs the workers who benefit from this service) is always subject to the approval of the administrative authority, for a period of five years.
Every employer is required to organize an Occupational Health and Prevention Service (SPST). This service can be specific to one’s own company or establishment (autonomous occupational prevention and hygiene service – SPSTA), or organized jointly with other companies and establishments (intercompany occupational hygiene and prevention service – SPSTI).
The criteria for issuing and renewing the approval had to be defined by decree. Now it’s done. National specifications for this approval have been defined.
These specifications are simplified for SPSTAs compared to SPSTIs, as the criteria related to the governance or management of SPSTs are not applicable in particular.
The decree also specifies the conditions for the revocation or revision of the duration of the approval.
Therefore, when the regional director of DREETS finds that the operating conditions of the SPST do not comply in particular with the national specifications for approval, he may, after hearing the occupational medical inspector:
- issue an accreditation for a period reduced to 2 years;
- or, during accreditation, reduce the duration or suspend the accreditation after inviting the SPST to comply.
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A refusal of approval can occur for reasons based on non-compliance with the rules of the Labor Code.
The president of the SPST must inform each member company upon receipt of the notification of the sanction which pronounces the reduction of the duration of the approval or its revocation.
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In addition to accreditation, SPSTIs will also have to undergo a certification process already defined by decree (see our article “Health legislation: a new decree on SPSTIs has been published”).
On the documents communicated to the companies associated with the SPSTI
The law on health requires the SPSTI to communicate to its members (as well as to the regional committee for occupational health and prevention) and make public:
- its range of services that fall within the core set;
- its offer of additional services;
- the amount of contributions, the tariff plan and their evolution;
- all documents the list of which is fixed by decree.
The decree determines these latter documents. Companies adhering to an SPSTI must therefore be equipped with:
- the results of the last certification;
- the multi-year service plan;
- the offer of specific services for self-employed workers.
These documents are transmitted by any means and published on the SPST website by the end of the year in which they are drawn up.
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The decree also clarifies membership of a SPSTI. Thus, an SPSTI may accept membership from a company located in the region where it has an endorsement provided that:
- this membership does not question the effective coverage of the occupational medicine needs of the sectors for which the service is enabled;
- the service guarantees local access for each worker.
On the annual activity report
The director of the intercompany occupational health service will now report on the approved actions in an annual activity report which includes data on occupational equality between women and men.
The decree establishes the terms of this relationship. It is presented to the intercompany committee (the intercompany CSE consists of the interested CSEs) or to the supervisory commission and the board of directors no later than 4And month of the year in which it is established. It is also sent to member companies. The CSE of the associated companies, on the other hand, no longer has access to the report.
In companies with more than 300 employees, data relating to the company’s activity is still transmitted to the CSE. In other companies, the CSE has to make the request.
For autonomous SPSTs, an annual activity report is submitted to the CSE by and no later than 4And month of the year in which it is established. The CSE can formulate any proposal relating to the organisation, functioning, equipment and budget of the SPST.
It should be noted that by the end of the first six months following the reference year, in addition to these reports, an accounting report of the company, certified by an auditor, is presented.
The SPSTs (SPSTI and autonomous SPST) also transmit electronically the data relating to their activity and their financial management and any other information requested by the administrative authority within the terms set by them.
An annual summary report on the activity and financial management of the SPSTs is published on the website of the Ministry of Labour.
Decree no. 2022-1435 of 15 November 2022 relating to the approval and activity reports of the prevention and occupational medicine services, Official Gazette of 16
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Graduated from the Master 2 DPRT of the Faculty of Law of Montpellier and expert in social law, I specialize in legal writing. Within Tissot Editions, I participate in the animation…