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Covid-19, an occupational disease for all employees? The subject is debated

2020-04-24T06:22:36.040Z


Unions and associations demand that this recognition not be reserved only for carers. Some even ask for the creation of a


After the cold shower, general mobilization. Three days after the surprise announcement by the Minister of Health who closed the door to automatic recognition as an occupational disease for all employees affected by Covid-19, the time has come for a counterattack. Unions and associations will take advantage of the guidance council for working conditions (Coct), chaired by the Ministry of Labor and which meets this Friday, to say all the evil they think of this decision.

"The subject is not on the agenda, but we can not not talk about it, warns Catherine Pinchaut, national secretary to the CFDT in charge of occupational health reform. This decision is incredibly unfair. ”

So-called "essential" employees excluded

Tuesday, without warning, Olivier Véran told the National Assembly that this recognition would be reserved for caregivers "whatever they are" and "whatever their place of practice, in the hospital, in Ehpad or in city ​​". Exit, therefore, the non-nursing staff of hospitals, such as cleaning agents, but also all other employees such as cashiers, delivery men, truck drivers or transport and energy agents who ensured the continuity of the economic activity during containment. Also excluded are officials of the Ministry of the Interior, and therefore the police, while their minister responsible, Christophe Castaner had expressly requested the contrary.

Less well compensated than for a road accident

“This decision is not worthy of the effort and the sacrifice made by all these employees, protests Nadine Herrero, president of the National Federation of Workers' and Disabled Workers (Fnath), which brings together more than 100,000 members. After the praise of the President of the Republic for these soldiers on the front and second line, this is cheap recognition. ”

In a note to the government, Fnath even recommends going further by creating a compensation fund. "The mere recognition of Covid-19 as an occupational disease is not sufficient, it would even be ineffective," says Nadine Herrero. The occupational disease regime only applies to employees in the private sector and possibly to civil servants. The independents, like the volunteers and the liberals are excluded from it ”.

Furthermore, if the recognition of an occupational disease allows 100% coverage of medical expenses but also to receive compensation in the event of temporary or permanent incapacity and even an annuity for beneficiaries, the Fnath judges the very insufficient compensation: "It's ten times less than what you can get in the event of a road accident," says Nadine Herrero. And it takes a long time to set up ”.

Government does not respond

The creation of an ad hoc fund could, according to Fnath, take the form of what exists for asbestos victims. Requested several times, in particular to justify this decision and to know if an enlargement was still being studied, the Ministry of Labor did not respond. On the side of Medef, we do not wish to speak for the moment.

If things were to remain as they are, employees with Covid-19, but not caregivers, should follow the standard procedure with the referral to a medical committee which will have to determine whether the contamination can indeed be considered as an illness professional. “It's almost an impossible mission, regrets Jérôme Vivenza, in charge of occupational health issues at the CGT. These are endless legal battles. "

When do we talk about occupational diseases?

The Covid-19 could make a remarkable entry to the table of occupational diseases if the government - which calls for its wishes only for nursing staff - issues a decree to that effect. The virus that currently affects France would join cancers due to asbestos, lead poisoning or musculoskeletal disorders (MSD). A disease is recognized as occupational "if it is the direct consequence of the more or less prolonged exposure of a worker to a physical, chemical or biological risk, or results from the conditions in which he exercises his professional activity", according to the definition selected by the National Research and Safety Institute for the Prevention of Accidents at Work and Occupational Diseases (INRS).

"If the employee enters the criteria, he does not need to prove the link between the pathology he has declared and his work," said François Lafforgue, specialist in occupational health issues. Conversely, the professions excluded from the table must be patient and provide irrefutable proof. A long and uncertain legal battle.

Source: leparis

All business articles on 2020-04-24

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