French Labour Code
In forceI.-For inter-company occupational health and prevention services, the national specifications for approval include the following criteria:
1° With regard to the governance and management of occupational health and prevention services:
a) The service is managed on a parity basis by a board of directors made up of employer and employee representatives under the conditions set out in article L. 4622-11 ;
b) The service complies with the maximum term of office for members of the Board of Directors defined in Article D. 4622-19 and applies the limit on the number of successive terms of office for these members under the conditions laid down in Article L. 4622-11;
c) The medico-technical committee draws up the multi-annual service project;
d) The multi-annual service project is based on a territorial diagnosis of occupational health;
e) The inspection committee ensures effective inspection of the operation and actions carried out by the service;
f) The members of the inspection committee receive effective training under the conditions set out in Article D. 4622-39 ;
g) The service ensures that the list of documents provided for in article L. 4622-16-1 is publicised and sent to its members, as well as to the regional occupational health and prevention committee;
h) The amount of the contribution provided for in article L. 4622-6 is defined in proportion to the number of workers monitored, each counting as one unit.
2° With regard to the quality of the services offered:
a) The service has obtained the minimum level of certification in application of article L. 4622-9-3 and implements measures to achieve the highest level if it has not achieved it;
b) The service carries out all the tasks mentioned in article L. 4622-2, ensuring the effectiveness and quality of the core set of services provided for in article L. 4622-9-1 ;
c) The service guarantees the working conditions of the staff involved in the occupational health and prevention services provided for in this Title, in particular the working time devoted by the occupational health physician to the actions in the working environment provided for in Article L. 4623-3-1 ;
d) The service uses information systems or digital tools which comply with the provisions of Article L. 4624-8-2 ;
e) The service implements the occupational health medical file provided for in Article L. 4624-8 under the conditions defined in 4° of Article L. 4622-9-3;
3° As part of its contribution to the implementation of occupational health policy:
a) The service has signed the multi-year contract of objectives and resources provided for in Article L. 4622-10 ;
b) The service contributes to the traceability of occupational exposure and to health monitoring surveys, in particular those carried out by the Ministry of Labour, the Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail and the Agence nationale de santé publique;
c) Each year, the service transmits data relating to its activity and financial management in accordance with the procedures laid down in Article D. 4622-57 ;
d) The service uses the national health identifier defined inArticle L. 1111-8-1 of the Public Health Code and has recourse to secure health messaging in accordance with the provisions of Article R. 4624-45-7.
4° With regard to the implementation of multi-disciplinarity :
a) The service has, where appropriate by agreement with other occupational health and prevention services, one or more multidisciplinary teams to ensure the effectiveness of the service base, which includes occupational physicians, medical assistants, occupational medicine interns, occupational risk prevention workers and nurses in sufficient numbers;
b) The delegation of tasks from occupational health physicians to staff working in the occupational health and prevention service and to members of the multidisciplinary team, when implemented, complies with the conditions laid down by articles L. 4622-8 and R. 4623-14 ;
c) The multidisciplinary unit for the prevention of occupational deintegration carries out its tasks under the conditions laid down in Article L. 4622-8-1.
5° With regard to the coverage by occupational health and prevention services of the needs of undertakings and of all the sectors defined in Article D. 4622-25;
a) The maximum number of workers monitored by the occupational physician or by the multidisciplinary team provides adequate coverage of the needs of undertakings or of the needs of the sectors for which the service is seeking approval;
b) The service has the capacity to have the resources necessary to carry out the tasks provided for in Article L. 4622-2;
c) The sectors for which the occupational health and prevention service is seeking approval contribute to the effective coverage of occupational medicine needs, assessed at regional level;
d) Access to a fixed and, where appropriate, mobile centre guarantees a local service for member companies and workers.
II - For autonomous occupational health and prevention services, the national specifications for approval include the criteria set out in c to e of 2°, b to d of 3°, b of 4° and a and d of 5° of I.
