Workplace arduousness: what has changed?

The C3P is replaced by the C2P. The 4 risk factors (manual handling, strenuous postures, vibrations, chemical agents) are excluded. The C2P focuses on 6 factors.

Marie Faucon
Consultante HSE
Publication : 
07.12.2017
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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The system for taking into account workplace arduousness is changing once again. One of the 5 Macron ordinances [1] replaces the Personal Prevention Account for Arduousness (C3P) with the Professional Prevention Account (C2P) and excludes certain factors referred to as "arduousness factors".

We offer an update on these changes.

Professional Prevention Account (C2P): what is it?

This account still allows employees to acquire rights to professional training hours, part-time work, or additional quarters for retirement insurance duration, but only in cases of exposure to the following 6 occupational risk factors:

  • Activity performed in a hyperbaric environment,
  • extreme temperatures,
  • noise,
  • night work,
  • alternating shift work, and
  • repetitive work.

"Workplace arduousness" factors removed from the C2P effective from October 1st 2017

The 4 risk factors – Manual handling of loads, Awkward postures, Vibrations, and Dangerous Chemical Agents (DCAs) – are excluded from the C2P as of the 1st October 2017. They are no longer subject to an annual declaration obligation by the employer. Indeed, the assessment of these factors within the framework of the C3P was particularly complex.

Employees exposed to these risk factors may benefit from early retirement only in cases of permanent incapacity exceeding 10% linked to an occupational disease resulting from their exposure to one or more of these 4 factors. The list of occupational diseases concerned will be determined by ministerial decree.

As of October 1, 2017, the four criteria excluded from the C2P will not be included in the declaration and will not be taken into account in the additional contribution:

  • The declaration for the year 2017 will cover, for the first three quarters of 2017, exposure to the ten factors, and for the last quarter, only exposure to the six factors remaining in the C2P.
  • During the last quarter of 2017, only the remuneration of employees exposed to the six factors retained for the C2P will be included in the calculation of the employers' additional contribution amount.

Funding of the C2P by the Occupational Accidents/Diseases (AT/MP) branch of the health insurance system as of the 1st January 2018

Employer contributions paid under the arduousness account are abolished. As a reminder, these contributions correspond to the basic contribution paid by all employers and the additional contribution paid only by employers whose employees are exposed to one or more arduousness factors.

As of the 1st January 2018, the expenses generated by the scheme will be covered by a contribution from the occupational accident and disease (AT/MP) branch of the general scheme and that of the agricultural scheme.

The amount of the contribution will be taken into account in the calculation elements for the AT/MP contribution. This amount will be set annually by the social security financing law. It will also cover the additional expenses generated by early retirement due to arduous work.

Collective agreements in favor of preventing the effects of exposure to occupational factors

The conditions under which companies with at least 50 employees, as well as companies belonging to a group with at least 50 employees, are required to establish a collective agreement for the prevention of the effects of exposure to professional factors have been modified. The companies now concerned are those that:

  • either employ a minimum proportion (to be set by decree) of employees declared exposed to the 6 professional risk factors included in the C2P;
  • or observe an accident rate under AT/MP exceeding a threshold (to be set by decree).

A derogation from this obligation is still provided for companies or groups with fewer than 300 employees that are covered by an extended industry-wide agreement.

These provisions concerning agreements for the prevention of the effects of exposure to certain professional risk factors will come into force on January 1, 2019. An implementing decree is expected to be published by the end of this year to set the thresholds.

Conclusion on workplace arduousness

For exposure to arduous work, for the years 2015, 2016, and the first three quarters of 2017, the previous provisions remain applicable. We advise you to identify the positions and personnel affected by the 4 factors removed from the C2P (manual handling of loads, strenuous postures, vibrations, and ACD), in order to inform those concerned and thus adapt the 2017 declaration to be made in early 2018.

As a QSE or HSE Manager, we invite you to contact your HR Department to jointly review your company's situation and develop an appropriate action plan regarding workplace arduousness.

Finally, while taking into account the aforementioned elements and preparing for 2018, it seems prudent to await the publication of the implementing decrees before putting a precise action plan in place. We will keep you informed when the time comes…

[1] Ordinance n° 2017-1389 of September 22, 2017, concerning the prevention and consideration of the effects of exposure to certain professional risk factors and the professional prevention account [JORF of September 23, 2017]

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