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Decree No. 2019-356 of April 23, 2019, revised the procedure for processing reports of workplace accidents and occupational diseases under the general scheme. The new procedure has been applicable since December 1, 2019.
We would like to provide an update on the main changes regarding the reporting of workplace accidents (AT) under the general scheme and remind you of the reporting rules applicable to the agricultural scheme and temporary workers.
1. Under the general scheme in the event of workplace accidents
Notification of the accident by the employee to their employer
The employee who has suffered a workplace accident must (except in cases of force majeure, absolute impossibility, or legitimate reasons) inform the employer or have them informed on the day the accident occurred or, at the latest, within 24 hours:
Reporting of the accident by the employer to the CPAM (Primary Health Insurance Fund)
Once notified of the workplace accident, the employer has 48 hours (excluding Sundays and public holidays) to report it to the victim's CPAM.
They can do so online via the Net-Dat reporting service on the net-entreprises.fr website or by sending the completed Cerfa form No. 14463*03.
This report must then be sent:
Employer submission of reasoned reservations regarding workplace accidents
Employers may submit reasoned reservations (regarding the time and place of the accident or the existence of a cause entirely unrelated to work):
The deadline begins on the date the declaration is written (as indicated on the declaration form), not the date it is sent. If the declaration was made by the victim or their representatives, the deadline begins on the date the employer received the copy of the declaration forwarded by the fund.
2. Workplace accidents in the agricultural sector
Reporting the accident by the employee to their employer
An employee who suffers a workplace accident must (except in cases of force majeure, absolute impossibility, or legitimate reasons) inform their employer, or have them informed, on the day the accident occurred at the scene or, at the latest, within 24 hours by registered letter.
Reporting the accident by the employer to the MSA
The employer must report any accident they become aware of via registered letter with acknowledgment of receipt within 48 hours (excluding Sundays and public holidays) to the agricultural social mutual fund (MSA) to which the victim belongs.
The declaration can be made directly online on the MSA website or on the Net-entreprises website using HSE online procedures.
3. What about temporary workers?
Reporting by the temporary employee to the user company
An employee of a temporary employment agency must report any workplace accident they suffer to the user company within 24 hours by registered letter if they have not already informed them at the scene of the accident.
User company declarations
Within 24 hours of becoming aware of an accident involving an employee placed at its disposal by a temporary employment agency, the user company must notify the following by registered letter:
- the temporary employment agency;
- the prevention department of the regional health and retirement insurance fund (CARSAT);
- and the labor inspector (or the official exercising the same duties).
Note: Cerfa form no. 60-3741 must be used to make these declarations.
Conclusion on workplace accidents
In summary, in the event of a workplace accident:
We recommend that you check with the department in charge of workplace accident declarations in your company (Human Resources or other) to ensure these rules are being followed and to include them in your workplace accident management procedure.
[1] Decree no. 2019-356 of April 23, 2019, regarding the investigation procedure for declarations ofworkplace accidents and occupational diseases under the general scheme [JORF of April 25, 2019]
[2] RL: registered letter
[3] RLRR: registered letter with acknowledgment of receipt