2023-11-16 16:45:00
Employers have an obligation to prevent arduousness at work and guarantee the physical and mental safety of their employees. But how exactly is arduousness at work characterized? What measures can be taken to prevent it and how to activate it? the hardship account intended for people exposed to one or more occupational risks? We take stock.
Definition: what is “hard work”?
Hard work has been defined since November 2010 as “exposure to one or more occupational risk factors which can leave lasting, identifiable and irreversible traces on health » (source 1). It was introduced to take into account occupational risks and improve the prevention of occupational diseases.
Beyond a certain exposure threshold, the law provides that people exposed to arduous working conditions can benefit from specific measures aimed at mitigating the risks linked to arduous work and preserving the health of workers, such as of the post adjustmentsof the formationsof the additional rest timesa reduction of working time, etc.
Good to know: if the term “hard work” is still used in everyday language, it is not no longer included in the Labor Code since October 1, 2017. The said Code now refers to the professional risk factors listed in article L. 4161-1 (source 2).
Noise, night work, extreme temperatures, physical constraints… What are the 10 risk factors recognized by the Labor Code?
Harshness at work can be characterized according to a restrictive list of risk factors which includes marked physical constraints, an aggressive physical environment et certain work rhythms. Ten risk factors are now recognized by the Labor Code (articles L. 4161-1 and D. 4161-1):
- exposure to certain noises ;
- the night work (under certain conditions) ;
- THE awkward posturesdefined as forced positions of the joints;
- exposure to certain mechanical vibrations transmitted to the hands, arms or entire body;
- exposure to extreme temperatures (less than 5°C or more than 30°C);
- THE manual handling certain charges;
- THE activities carried out in a hyperbaric environment ;
- the work in successive alternating shifts (also called shift work);
- exposure to dangerous chemical agents specific (including dust and fumes);
- and the repetitive work characterized by carrying out work involving the execution of repeated movements, requiring all or part of the upper limb, at a high frequency and under constrained cadence.
The law does not take into account relational and psychological factors…
As noted by Philippe Zawieja, psychosociologist of work, health at work is not limited to the arduousness factors defined by law. “Of course the physical, environmental and organizational constraints are important, but the Labor Code completely conceals the psychological and relational constraints more or less harmful, such as having to overstretch one’s memory or concentration, having to work under constant pressure with very short deadlines, or even having to work in contact with sick people, or even being close to death, etc. “, he insists.
How can “hard” work affect short- and long-term health and well-being?
As its name suggests, arduousness at work can have a significant impact on the health and well-being of workers… The consequences can, however, vary depending on the specific nature of the constraints to which workers are exposed.
- In the short term, those affected may be prey to to great physical and mental fatigue.
- Constant stress, anxiety and even depression can arise from difficult working conditions and impact employees’ personal well-being and professional performance.
- Awkward postures, handling heavy loads, or other physical constraints can increase the risk of injuries and accidents in the workplace.
- Repetitive movements, awkward postures and handling loads can contribute to the development of musculoskeletal problems (TMS) such as back pain, tendonitis, etc.
- In the long term, prolonged exposure to hazardous chemicals, vibrations, noise, etc., can contribute to development of occupational diseasessuch as breathing problems, hearing problems, etc.
- Absenteeism due to health problems is also exponential.
- Finally, arduousness can accelerate the process of physical wear and tear, leading to chronic health problems and decrease in quality of life over the years : both in terms of family and social relationships and general well-being.
Managing arduousness at work is therefore essential to prevent these negative impacts and promote the health and well-being of workers throughout their careers!
What are the most exposed professions or sectors of activity?
Certain professions and sectors of activity are generally considered to be more exposed to arduousness due to the nature of their tasks. We can for example cite (non-exhaustive list):
- les construction workersoften exposed to difficult physical conditions, such as carrying heavy loads, working at height, and exposure to hazardous substances;
- people working in certain sectors of the manufacturing industrywho may be involved in repetitive tasks, in shifts, and exposed to chemicals or intense noise.
- les agricultural workersexposed to physical hazards, such as working outdoors in all weathers, using agricultural machinery, and exposure to agricultural chemicals;
- certain health personnelsuch as nurses, caregivers or stretcher bearers who may face stressful conditions, irregular schedules, and a significant emotional load;
- and many other people who have to work at night or at odd hours in more or less difficult conditions, such as security agentsTHE firefightersTHE RescuersTHE road workersthes workers in the steel or chemical industryTHE home helpTHE fishermenTHE airplane pilotsTHE train or truck driversTHE taxi drivers, etc.
How to assess and have arduousness at work recognized?
Employers have a great responsibility in managing arduousness at work. By investing in optimal working conditions, they promote the productivity and well-being of their employees. Organizational policies focused on mental health, psychological support, and continuing education can help create a fulfilling professional environment. But before that, it is appropriate to assess the situation as best as possible by:
- carrying out a professional risk analysis to identify tasks and workstations presenting arduous factors;
- hiring ergonomics specialists to evaluate workstations and propose improvements reducing arduousness (this may include adjusting equipment, modifying work postures, etc.);
- conducting internal, anonymous employee surveys to collect their opinions on working conditions;
- sending observers into the field to directly assess working conditions;
- using sensors and measuring instruments to quantify things like sound level, vibration, brightness, etc. ;
- examining existing data on work accidents, occupational diseases and sick leave to identify trends and high risk areas;
- actively involving workers in the evaluation process : their direct experiences can provide crucial information on aspects of arduousness at work;
- etc.
Alone a holistic approach allows companies to obtain a complete assessment of arduousness at work and to implement appropriate prevention measures!
Employees also have an important role to play in managing arduousness at work: they must become aware of their own limits, communicate openly with their superiors and try to maintain a good balance between their professional and personal lives (easier said than done, we grant you).
What are the measures to prevent and alleviate arduousness at work?
Employers must ensure the securitythe physical health et morale of their employees… They are notably required:
- to establish a single professional risk assessment document (DUERP) which lists all the professional risks to which employees may be exposed, including those linked to arduousness;
- to put in place action plans to prevent arduousness at work (by arranging certain workstations, emphasizing the importance of regular breaks, increasing comfort, safety training and awareness of professional risks, supporting retraining, etc.);
- to suggest regular professional interviews to employees to discuss their prospects for professional development, training, and the way in which they may be exposed to arduous factors;
- to declare difficult situations to pension funds in the nominative social declaration (DSN) ;
- and open a professional prevention account (CPP or C2P) to each employee exposed to arduous factors to compensate for the arduousness.
C2P: what are the 6 criteria taken into account?
The employees from the private sector, affiliated to the general social security system or to the agricultural social mutuality (MSA) in the case of the agricultural sector, under contract for at least one month (CDI, CDD, temporary contract, apprenticeship contract , etc.) and being actually subject to at least one hardship factor can benefit from a professional prevention account. The latter allows them to accumulate points throughout their career to finance a skills assessment, new training, validation of acquired knowledge (VAE), reduce their working hours without reducing their remuneration, or take early retirement (source 3).
Good to know : only six of the ten factors concerned by the “hardship system” allow points to be acquired on the professional prevention account: exposure to noise, exposure to extreme temperatures, activities in a hyperbaric environment, night work, repetitive work and work in successive alternating teams. The four other hardship factors can no longer be declared on the DSN (Order No. 2017-1389, September 22, 2017).
As you will have understood, arduousness at work is therefore a complex challenge which must be met to guarantee individual health but also the prosperity of the companies concerned and of society as a whole.
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