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POUEY AVOCATS alert on the subject of women facing occupational risk


POUEY AVOCATS is a law firm specializing in social law and occupational health. For more than 20 years, these experts have been supporting companies on a daily basis in risk management on this complex subject, which is occupational health.

Olivier POUEY, founding lawyer of POUEY Avocats POUEY Avocats

Management of the risk of accidents at work and occupational disease, psychosocial risks, incapacity and retention in employment, quality of life at work (QVT) approach, are among the many subjects on which the firm provides its expertise.

In 2019, more than 650,000 employees in France had an accident at work, 63% men and 37% women.

Today, occupational risk prevention must become a priority issue in companies, especially for women.

Women and occupational risk

According to a recent study, from June 2022, conducted by the National Agency for the Improvement of Working Conditions (ANACT), the working conditions of women have deteriorated considerably.

Indeed, over the past 20 years, the number of accidents at work and occupational diseases has continued to increase for women, while the situation for men has improved.

Thus, this study reveals that the overall drop in work accidents (-11.1%), which occurred between 2001 and 2019, represents a drop for men (-27.2%), but hides a very significant increase for women. (+41.6%).

This trend is also confirmed with regard to occupational diseases.

Indeed, over the same period, occupational diseases increased (+108%) but in a differentiated way between the sexes, namely men (+73.6%) but women (+158%).

The same is true for commuting accidents, which have increased (+14.8%) since 2001, with a slight decrease for men (-1.5%) and a marked increase for women (+33.6%) .

Sectors of activity under close surveillance

According to the ANACT, the most accident-prone sectors for women concern service activities (health, social action, temporary work, etc.), shops and food industries.

In addition, these same sectors account for the largest number of absences recognized as occupational diseases for women.

On average, women are out of work longer than men.

Occupational risk prevention

As the ANACT points out, it is necessary to take into account in a differentiated way, according to sex, the prevention of occupational risks, a legal obligation since 2014, during the development and updating of the single evaluation document. occupational risks (DUERP).

Thus, the Labor Code specifies, for example, that women are not authorized to carry loads greater than 25 kg.

However, it is worth pointing out a serious anomaly in the French system for pricing accidents at work and occupational diseases.

Indeed, as a reminder, the “accidents at work-occupational diseases” (AT-MP) branch of social security operates according to an “insurance” pricing principle.

It is financed by contribution rates, which vary in particular according to the loss experience of each company establishment.

This system empowers employers who then fear having to pay more contributions in the event of AT-MP.

However, in certain sectors of activity (risk classes), a collective rate applies, regardless of the number of employees and the number of claims.

However, these are in particular the sectors referred to above where women are overrepresented and have the most work-related accidents and occupational diseases, namely:

  • home social assistance services (carers, household help, etc.) (risk code 85.3AB);

  • reception, accommodation in establishments for the elderly (retirement homes, etc.) (risk code 85.3AC), for disabled people (children and adults) (risk code 85.3AD), for early childhood, childhood and adolescence (risk code 85.AE);

  • social action in all its forms (risk code 85.3 BA);

  • cultural and socio-educational associations (risk code 91.3EA).

It should be noted that the social action sector represents 1.2 million employees, 80% of whom are women.

In these sectors, the employer is absolutely not responsible since the rate of accidents at work, occupational disease will have no direct financial impact.

On the contrary, the work stoppage will prove to be less costly than if the person were on sick leave, the daily allowances paid by social security being of a higher amount.

Urgent change is therefore necessary to improve the working conditions of women, particularly in certain sectors of activity, these same sectors which are moreover struggling to recruit.

Source: lefigaro

All business articles on 2023-02-07

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