Health & safety at work

Failure by a company to identify the effects of work on its employees’ health has serious consequences, whether human or economic: reputational damage, individual and collective litigations, direct and indirect additional costs (loss of productivity and performance, financial penalties, increase of the contribution rate for accidents at work, additional costs related to the acknowledgment of an inexcusable fault, etc.).

The anticipation of future disputes entails compliance with the obligations relating to health, safety and working conditions. It is a major challenge for the company.

WORKING CONDITIONS

Compliance with obligations regarding health, safety and working conditions is a major challenge for companies today, both from a human and an economic point of view.

Establishing and implementing an efficient health and safety policy requires adopting a global approach of occupational and performance hazards while perfectly mastering relations with the staff representative institutions, indispensable interlocutors in the company.

\ EXPERTISE

Chassany Watrelot & Associés offers companies an accompaniment adapted to their activity and to the latest legal evolutions:

  • During the development and the monitoring of the occupational hazards prevention policy, in close partnership with other recognized experts (physicians, psychologists, professionals involved in the prevention of occupational hazards, advisors in management and organization, trainers);
  • In the conduct of relations with the staff representative institutions.

\ INTERVENTION

  • Advice and assistance in :
    \ assessment and prevention of occupational hazards both on a daily-basis and during important projects (moves, restructurings, technological evolutions),
    \ drafting of the Document of Occupational Hazards Assessment (DUER: Document Unique d’Evaluation des Risques Professionnels) and of the yearly program for the prevention of occupational hazards,
    \ identifying the social and financial obligations according to the business and/or the workforce (professional equality, hard conditions at work, etc.),
    \ implementation and review of collective rules related to health and safety at work (rules of procedure, ethical and IT charters, professional alerts/whistle-blowing process, welcome booklet…),
    \ development of HR policies aimed at improving working conditions (psychosocial risks, disabled workers, hard conditions at work, seniors, equal treatment at work)
  • Relations with the staff representative institutions (implementation, preparation of consultation…)
  • Delegation of powers and authority
  • Relations with occupational health services
  • Assistance during pre-litigation and litigation :
    \ administrative inspections,
    \ right of withdrawal and whistleblowing,
    \ harassment,
    \ litigations with the staff representative institutions (consultation, whistleblowing, contestation of expertise).

ACCIDENTS AT WORK - OCCUPATIONAL DISEASES

An improper consideration of the effects of work on the employees’ health entails heavy financial consequences: increase of social contributions (i.e. the contribution rate for accidents at work / occupational diseases), permanent partial disability pensions (IPP: Incapacité Partielle Permanente), additional costs related to the recognition of an inexcusable fault of the employer.

The control of these costs as well as the management of the consequences of accidents at work and occupational diseases on the employment contract requires a perfect command of the extreme variety of rules applicable to a same situation: procedures of recognition (Local Health Public Insurance Fund – CPAM: Caisse Primaire d’Assurance Maladie), pricing of the Insurance Fund for Retirement and Health at Work (CARSAT: Caisse d’Assurance Retraite et de Santé au Travail), general and technical litigation related to social security, criminal law.

\ EXPERTISE

Chassany Watrelot & Associés offers cutting-edge expertise with an emphasis on the search for innovative and operational solutions.

The practical experience acquired by its specialized teams allows Chassany Watrelot & Associés to accompany its clients when accidents at work / occupational diseases occur and to assist them at all stages of these matters and their pre-litigation and litigation phases.

\ INTERVENTION

  • Criminal litigation in the framework of accidents at work/occupational diseases: support during the police or judicial investigation – preparation of auditions, police custodies, labour inspectorate (DIRRECTE) investigations – for violation of regulations and crimes against persons (injuries, deathly accidents)
  • Assistance during the investigation process for accidents at work / occupational diseases: accompaniment for the drafting of statements and responses to Local Health Public Insurance Fund (CPAM: Caisse Primaire d’Assurance Maladie), assistance before the Local Committees for the Recognition of Professional Diseases (CRRMP : Comité Régionaux de Reconnaissance des Maladies Professionnelles)
  • Implementation of a strategy relating to the “new risks” within the company in order to anticipate the introduction of future requests on the basis of inexcusable faults (methodology, mapping and documentation for the risks and preventive measures over time)
  • Training of teams in charge of the management of accidents at work / occupational diseases within companies
  • Accompaniment in specific situations (specificities related to consequences of international mobility, asbestos, assistance for the analysis of the diseases in the Official Table, musculoskeletal disorders…)
  • Litigation related to the challenge of accidents at work / occupational diseases before the Social Security Court (TASS : Tribunal des Affaires de Sécurité Sociale) and of pricing before the National Court for Disability and Pricing of Insurance for Accidents at Work (CNITAAT: Cour Nationale de l’Incapacité et de la Tarification de l’Assurance des Accidents du Travail)
  • Litigation related to the employer inexcusable fault and to the assessment of prejudice after medico-legal expertise (Social Security Court)
  • Litigation related to disability (Litigation Court for Disability – TCI: Tribunal Contentieux de l’Incapacité), with recourse to specialized physicians
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EMPLOYMENT COLLECTIVE RELATIONS

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RESTRUCTURING

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MERGERS & ACQUISITIONS

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COMPENSATION & PROFIT SHARING

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PENSIONS & WELFARE PROTECTION

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SOCIAL SECURITY

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HEALTH & SAFETY AND WORK

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INTERNATIONAL MOBILITY

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