The French Regulation on Arduous Work

Transcription

The French Regulation on Arduous Work:
an Opportunity for Occupational Hygiene
SOFHYT French Occupational Hygienists Society
IOHA London 2015, 25-30 April 2015
Hilton London Metropole
Introduction
1. French regulation on arduous work – Frederique PARROT,
SOFHYT
2. Development of a specific software to trace individual
exposure on arduous work – Nathalie BERNE, SOLVAY
3. How to assess arduous work in an international
implementation context? – Stefaan DE TAVERNIER, EGIS
4. Technical discussion on professionalism of occupational
hygienist to manage the arduous work – Frederique
PARROT, SOFHYT
IOHA London 2015, 27-30 April
2015, Hilton London Metropole
1. French Regulation on Arduous Work
Frederique PARROT, SOFHYT
Regulation (extract)
•
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2010 Pension reform
2011 Arduous factors’s list
2011 list of occupational diseases / injuries
2011 Accords on Arduous work (3 years) by company
2012 Individual traceability format
2014 Arduous factors : intensity & duration
2015 New accords for companies
2016 Individual account : acquired points & use
2016 Financial employer contribution
Arduous factors’s list
• Alternating shift work
• Midnight ≤1 hour of work ≥5am, 50 nights/y
• Night shift work
– Midnight ≤1 hour of work ≥5am, 120 nights/y
• Repetitive task (repetition of a same gesture…with
a cycle time set)
– Cycle time ≤ 1minute, 900h/y
– Cycle time > 1mn, ≥ 30 technical actions, 900h/y
Arduous Factors’s List
• Manual handling of loads
–
–
–
–
Push or pull, ≥15Kg, 600 hours/year
Lifting or carrying, ≥ 250Kg, 600 h/y
Moving a load from down or top level, ≥10Kg, 600h/y
Cumulative weight, 7,5t/day, 120 days/y
45°
• Arduous posture
30°
– 900 h/y
• Vibrations
– Hands, arms A(8) ≥ 2,5 m/s2 , 450 h/y
– Whole-body, A(8) ≥ 0,5 m/s2 , 450 h/y
• Noise
– daily noise exposure level (LEX,8h) ≥ 80dB(A), 600h/y
– peak sound pressure (ppeak) ≥ 135dB(C), 120 peak/y
• Chemical agents
– Not detailled (hazard, emission, process, engineering
contrôle, PPE, OEL, duration)
• Heat stress
– 5°c ≤Temperature ≥ 30°c, 900h/y
• Work hyperbaric
– 1200hPa, 60 times / year
Individual Traceability
• Exposure risk
assessment by
HEG
• Individual
traceability
(exceed limite,
duration)
– 1/y/worker
Process
• Acquisition of points (start 2016)
– 4/y for 1 criteria
– 8/y for 2 or more criterias
• Individual count for points
• Max 100 points
– 20 points for training, 1 point = 25h
– Remaining points
• 50% working time for 100% salary (2 years max)
• Early retirement (2 years max)
Documentation
• Report
– Risk assessment documentation & ratio
– Annual individual traceability forms
• Opportunity to challenge the assessment
• Accord or action plan (25% of employees exposed in 2018)
– Compensation
– Prevention
• Multi-exposures
• Objectives with numerical indicators
Employer
Risk assessment
Individual traceability formats
Regulation, Accord or Action plan
Financial contribution
Sanction
Employee
Individual account
Points acquired
Use of points : training, part time, anticipated
retierment
Case of occupational injury / disease
Social Security Adminisrtation
Accounts management
Inspection & sanctions
In relationship with employers & employees
Example : Company Accord
• 3 years validity : 2011-2014
• Added criterias
– mental stress, confined space entry, bad weather,
engine driving, unusual work schedule
– Retroactive exposures (site committee for past
exposure reconstitution)
• Offset
–
–
–
–
Job change : priority for HEG concerned
Tutoring for HEG’s members
Part-time
Points’s acquisition to anticipate the end of working life
(to 3 years)
• Prevention :
– Improve working conditions of HEG concerned
• Quantitative assessment for 100% HEG (chemicals, noise, other
criterias)
• Fit-test for users of filter masks
• Reduce number of multi-exposures (5% reduction by year)
• Reduce number of employees from painful factors
– Develop professionnal competences on IH
• 1 HSE trained on basic occupational hygiene by site
Conclusion
• Arduous work… a strong and severe definition
concerning a lot of workers
• The crucial role of the risk assessment of arduous
criterias for
–
–
–
–
Identifying operators with arduous work
Documenting exposures
Offset (employee)
Financial contribution (employer)
2. Development of a Specific
Software to Trace Individual
Exposure on Arduous Work.
Nathalie BERNE, SOLVAY
Occupational Hygiene at Solvay
Group IH policy (extract)
“…Solvay strives to protect the health and well-being of every employee
and visitor.”
“All Solvay sites must perform Industrial Hygiene risk assessments using
Solvay validated methodologies adapted to the concerned occupation
both for existing operations and projects.”
“Comply with legislation and Solvay Group guide values for chemical,
physical, biological and ergonomic risks”
“Prevent risk at source and evaluate the risks at each work station using a
reliable, standardised method”
Occupational Hygiene in the
context of arduous work
As an international chemical group, Solvay has managed the chemical risk for
many years. Noise assessments are also often performed as in production sites,
noise is one of the main issue.
For ergonomics, the situation was quite different as it was not a real concern.
Thus, the necessity to get results for several ergonomics factors in the context
of arduous work has pushed our HSE sites contacts to perform those
assessments. This was the good opportunity to develop this topic which was
less known and managed before.
Occupational Hygiene software
Worldwide project : development of an integrated software to
manage occupational hygiene data
This project aims to deliver a global solution named Socrates (Solvay
OCcupational Risk Assessment Tool to EmployeeS) to reinforce the Solvay
pro-activity in industrial hygiene risk management. The objectives are :
o group-wide harmonized processes and tools in order to properly identify and
assess all IH risks
o enhance individual exposure traceability according to Group standards and local
regulation
Global solution provided for all sites in the group : about 130 sites, of which 19
are in France
How such a project could be useful in the context of the arduous work ?
Harmonized processes and tools
All IH topics managed in one solution  availability of all
arduous factors linked to IH and their assessments :
Chemical risk : tiered approach based on screening and detailed assessments
(internal tools developed from ART)
Noise : 3 assessment methods (tiered approach) based on the ISO 9612
standard
Ergonomics : internal tool based on international methods (NIOSH, ISO…)
Scope larger than ergonomics as it deals with lifting, carrying, push/pull, static effort,
repetitive movements, uncomfortable postures but also heat stress, illumination and vibrations
 Structured and reliable occupational hygiene management
Enhancement of individual
exposure traceability
All assessments performed by SEGs but thanks to an
integration with HR database, there are links between SEGs
and employees
Possibility to enter the frequency of exposure as well as the
percentage of belonging to a SEG for an employee
 Individual exposure profile recording
Reporting (1)
The software will also provide easy and focused reports.
For operationnal needs : aggregated views or summaries to
manage the follow-up of exposures
For legal needs : during the project, a check was done to list
all legal needs concerning IH topics in countries in which
there are Solvay sites
 Decision to complete operational reports in order to get all data
necessary to legal reports and thus not to develop all forms for all
countries
 Decision to deeper analyse legal reports for countries in which
there are many sites : the USA (notification letter), Brazil (PPP
and e-social) and France (arduous work)
Reporting (2)
Within Solvay, the arduous work form will be completed
by HR people in their payroll system thanks to :
– their own data (for instance for night shift)
– the IH data coming from Socrates
3. How to Assess Painful or
“hazardous and arduous Work”
in an International
Implementation Context?
Stefaan DE TAVERNIER, EGIS
Definition of « arduous work » in an
international context
Definitions of arduous work and related national regulations
are very variable from one country to another
1.
2.
3.
4.
Its definition exists and can be linked to specific risk
factors (France, Austria, Turkey)
Its definition exists but is merely linked to specific
industrial sectors then to specific risk factors (Belgium)
Some countries do not define the term « arduous » but
refer only to the prevention of exposure to specific risks at
the origin of health issues (Germany, United States)
Other countries do not define the term « arduous » and the
level of regulations to prevent exposure (health and sefety
regulations) is also not very developed (emerging
countries, countries in development)
No clear definition at EU level but framework
Directive 89/391/EEC on obligations concerning
preventative measures for health at work
- Evaluation all the risks to the safety and health in
the workplace
- Implement measures that aim at improving the
level of protection of workers
Its definition exists and can be linked to specific
factors (France, Austria, Turkey) :
 Organizational factors (such as long working hours, night or
weekend shifts or being in contact with members of the public),
 Physical factors (such as working in a noisy environment,
working with machines, or line working),
 Biological factors (being exposed to biological agents) and
Chemical factors (being exposed to chemical agents).
Its definition exists but is uniquely linked to specific
industrial sectors without real distinction of the risk factors
1. Belgium : « demanding work » in specific domains of
activities - foundry workers, elder care workers, …
2. Romania : « jobs in special working conditions or difficult
working condtions (145 activity units or 1213 jobs – 0,76 %
of the work force – Ministry of Labour, 2013)
3. Germany applied this system before abandoning
Some countries do not define the term « arduous » but refer
only to the prevention of exposure to the risk factors
(Germany, United States).
The level of regulations aiming at preventing health issues
as a consequence of specific work conditions are very well
developed
Other countries do not define the term « arduous »
and the level of regulations to prevent exposure
(health and sefety regulations) is yet not very
developed (emerging countries, countries in
development)
Relationship between « arduous work » and
retirement regimes in an international context
OECD study (2009) – French regulation
• Half of the countries of the OECD have specific retirement regimes for
categories of workers of the private sector performing arduous work
 Most of them are uniquely linked to specific industrial or “service”
sectors without specific measures for quantifying the exposure to risk
factors
 Some countries (Austria, France … ) have specific regulations that
foresee trigger values which define whether an individual is
performing arduous work or not
• In most countries there are specific retirement regimes for public sector
workers : different rules apply
Relationship between « arduous work » and
retirement regimes in an international context
• In some countries, early retirement principles do
not exist but arduous work gives right to increased
pension annuity levels – in these countries, priority
is given to actions of prevention of exposure to
arduous work
• Similarly, in other countries, follow-up of
exposure to arduous work may be linked to
systems of invalidity, professional diseases or
work accidents indemnities
Relationship « arduous
work » and retirement
Implementation of arduous work management by the
Egis group in an international context
- Influence of geographical factors
- Influence of activity sectors
- Influence of type of activity
- Expected level of exposure
- Monitoring and registering of
arduous work
- Prevention of arduous work
Implementation of arduous work management by the
Egis group in an international context
Remark : a very large
coverage with different levels
of intervening personnel
(French employees, freelance
experts, local in country Egis
employees, subcontractors)
Remark 2 : Implementation of arduous work
management - influence of activity sectors
Industry, Energy & Civil
Engineering
Tunnels, Structures
Nuclear Civil Engineering
Geotechnics, Dams
Mines, Industry
Major Science Projects
Water & Environment
Engineering and remediation
Drinking Water Supply and Sewerage Systems
Hydraulics
Industrial Process Water
Environment
Waste & Polluted Soils
Remark 2 : Implementation of arduous work
management - influence of activity sectors
Building & Urban
Development
Offices
Health, Justice, Culture, Housing, Teaching
Sports Facilities, Hotels, Leisure Activities
Commercial centers, Stations, Air Terminals
Urban Development, New Cities, Ecodistricts
Transport
Roads
Urban & Rail Transport
Maritime & Inland Waterways Transport
Airports & Air Navigation
Systems & “Soft” Transport
Remark 3 Egis specific skills – from consulting to turnkey
projects – a high variety of risk factors at the origin of
arduous work from a low level to a high level
Engineering project
Consulting & Design
Project Management
Engineering Procurement
Construction Project
Management
Works Supervision
Assistance to Owner
Project Management
Consulting, Programming
Architecture, Urban
Planning & Landscaping
Expertise, Audits,
Certifications
Operations mostly limited to supervision work and expert
missions – low level of arduous work factors but exceptions
exist (soil and landfilll studies, supervision of construction
works in specific environments or work conditions, longterm ecological or environmental studies ..,) – mostly low to
medium level of exposure to arduous work conditions and
mostly for a short period
40
Remark 3 : Egis specific skills – from consulting to
turnkey projects – a high variety of risk factors at the
origin of arduous work from a low level to a high level
Project Development &
Turnkey Solutions
Operation & Road Users
Services
Concession Projects
Public - Private
Partnerships (PPP)
Full turn key remediation
projects
Motorway Operation
(22 subsidiaries)
Airport Operation
(11 airports)
Road Users Services
(6 subsidiaries)
Higher potential level of exposure to arduous
work conditions - Operations include tasks
that can be considered as arduous – mostly
performed by sub-contractors
41
Egis policy versus « arduous work » in the case of
management of construction projects including
subcontractors - expected level of exposure
• The activity sector of construction projects
is considered as one of the main activities of
occurrence of factors leading to painfull or
arduous work – how take into account this
situation ?
Example : Egis policy versus « arduous work »
Arduous work conditions – expected level of exposure
 Expats and experts belonging to French based companies ;
level of exposure remains generally low as they occupy
“white collar” positions
 Employees belonging to local Egis group companies involved
in the project management : exposure level may be more
important as they are in permanent contact with the executing
companies
 Workers of executing companies (subcontractors, other
project companies can be concerned by many factors
(lifting, shift work, night work, chemical exposure, noise,
….)
IOHA London r2015, 27-30 April
Egis policy versus « arduous work »
Monitoring and registering of arduous work conditions
Influence of employee status ;
–
–
–
–
Egis employees of France based companies
Free-lance experts
Local Egis subsidiary companies employees
Sub-contractors
Monitoring of arduous work conditions
Expats and experts belonging to French based companies ;
– application of the French regulations with follow-up and
registering of exposure to arduous work risk factor
Employees belonging to local companies involved in the project
management
- application of local regulations very often non existing
Sub-contractors
- Their employer remains in charge of the monitoring of
arduous work if needed
Egis policy versus « arduous work » :
Emphasis on prevention of arduous work conditions
rather then on monitoring
• Evaluation of HSE risks and define and implement
actions
• Training of employees in a continuous manner
• Identify and implement good HSE practices
• Define a program for good gestures and postures and
wearing of personal protective equipment (PPE)
• Adopt a responsible behavior aiming at achieving
safe working conditions
• Report dangerous situations and all accidents
• Have an appropriate level of conduct in case of an
accident
• Audit our Business' s projects and construction sites
Prevention of arduous work conditions
• The Safety Attitude principles for Egis are to review the design and supervise
the construction activities so that they can be :
 Implemented in a safe manner – evaluation of all risk factors and definition
of mitigation measures
 Easily and safely maintained with minimal risk
 Safe for those who use and operate the designed and constructed facilities.
Example 1 : Egis policy versus « arduous work »
Egis’ actions aim at :
• Review the compliance with national and international Best
Practice to minimize injuries and workplace illnesses and
incidents
• Support projects to achieve ZERO injuries and ZERO security
breaches
• Review the design and supervise the works so that HS risks are
minimized
• Ensure that all significant risks are identified and logged on the
project Hazard Register
Egis’ actions aim at :
• Ensure that all Egis employees who carry out specific
operations potentially leading to arduous work conditions are
provided with sufficient information about the residual hazards
and with sufficient training and tools to minimize exposure to
arduous work conditions (collective protection, individual
protection, …)
• Ensure that any contractor or subcontractor who will carry out
subsequent construction activities are provided with sufficient
information about the hazards identified during the design
process.
4. Technical Discussion on
Professionalism of Occupational
Hygienist to Manage the
Arduous Work.
Technical Discussion
• Criterias
 Selection of criterias
- Not all hazardous hazards listed
- Health impact vs severity for life expectancy
+ Priorities for all employers
 Intensity & duration
- Parameters too much simplified
+ Uniform technical processus
+ Evidence of technical needs
• Individual traceability
 Documentation
- Huge number of document & time consuming
+ Formal process of risk assessment
 Challenge the assessment by the employee/the
administration
- Source of conflict & Administrative action
+ Evidence of professionnalism needs
• Offset
– Notable benefit from a heavy exposure,
opposite to the prevention (employee)
– Notable cost : absence, contribution,
administrative process (employer)
+ Evidence for working condition’s improvement
needs
The Occupational Hygienist
• The (wo)man for the job : a professional to manage
risks for health
 Trained resource to conduct qualitative and quantitative
assessments
 Technical resource to suggest appropriate control strategy
 Qualified resource to prevent conflict & sanction
 To demonstrate employer’s concern on health of employees
 To win time & money
The Code of Ethics
Occupational hygienists must:
1 - Practice their profession following recognized scientific principles with the
realization that the lives, health and well-being of people may depend upon their
professional judgment and that they are obligated to protect the health and well-being
of people.
2 - Counsel affected parties factually regarding potential health risks and precautions
necessary to avoid adverse health effects.
3 - Keep confidential personal and business information obtained during the exercise
of industrial hygiene activities, except when required by law or overriding health and
safety considerations.
4 - Avoid circumstances where a compromise of professional judgment or conflict of
interest may arise.
5 - Perform services only in the areas of their competence.
6 - Act responsibly to uphold the integrity of the profession
Challenges
• The objective for the employer
– Reduce number of employees with job classified as
arduous work
• The benefit for the employee
– Work in a healthy / healthier environment
• The challenge for the occupational hygienist
– Show the total adequation of the professionalism to
manage the arduous work
Conclusions
The regulation on arduous work
•
•
•
•
Huge requierements
With permanent evolution
Involving partners
Big challenge for each partners
The regulation on arduous work
• An evident call for prevention
• A need to improve the management of health at
work
• An occasion to consider and develop an efficient
process of risk assessment & control
• An opporunity for occupational hygienists to
demonstrated the added-value of their
competences
Questions & Answers
Nathalie Berne – SOLVAY
Stefaan DE TAVERNIER - EGIS
Frédérique PARROT – SOFHYT / SANOFI

The French Regulation on Arduous Work

Transcription

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