The DUERP (Single Document for the Prevention of Occupational Risks) is a crucial element for workplace safety within a company. Indeed, it must be put in place as soon as the first employee is hired (See the article on the DUERP), and we are going to explore the new developments regarding the DUERP since the 2021 health and safety laws. The reform of August 2, 2021 brought changes to strengthen prevention. Let's discover the main new features of this decree below.

The new Health and Safety laws of 2021…

First, the Law adopted in August 2021 aims to strengthen the prevention of occupational health and has introduced new features in the DUERP. Its main purpose is to reinforce the prevention of occupational risks and to better integrate public health and occupational health. Following the adoption of this Law, a decree issued in March 2022 clarified its details regarding the new features of the DUERP. The DUERP must ensure the collective traceability of occupational exposures in accordance with Article L. 4121-3-1 of the Labor Code. The assessment includes a list of the risks identified in each work unit of the company, including risks related to the thermal environment.

What are the major new features of the DUERP?

From now on, a distinction is made based on the size of the company. For companies employing more than 50 employees, the results of the risk assessment must lead to an annual program for the prevention and improvement of working conditions (PAPRIPACT), which includes:

• a detailed list of measures to be taken the following year, including measures to prevent the effects of exposure to occupational risks, along with implementation conditions, performance indicators, and a cost estimate for each measure;
• the resources available within the company;
• an implementation schedule.

For companies employing fewer than 50 employees, the results of the risk assessment must lead to the definition of actions for risk prevention and employee protection.

What's new regarding the updating of the DUERP?

Before March 31, 2022, all companies were required to update the DUERP annually, regardless of their workforce size. From now on, it is no longer mandatory for very small businesses with fewer than 11 employees to carry out an annual update, but all others must continue to do so.

What are the conditions for updating the DUERP?

If the employer becomes aware of information that may affect the risk assessment or create new risks, they must then update the DUERP.Regardless of the company's workforce size, the DUERP, as well as the PAPRIPACT or the list of prevention actions, must be updated:

• In the event of a major decision changing health and safety conditions or working conditions;
• When new information regarding the risk assessment becomes known to the employer.

This new wording highlights the fact that every update must lead to prevention actions, where necessary.

What is the new retention period for the DUERP?

Employers are now required to keep the DUERP for a minimum period of 40 years, along with its successive updates. To this end, the DUERP and its updates must be filed electronically on a digital portal. This portal is managed by an organization run by employers' professional organizations that are representative at the national and cross-industry level. This obligation to file the DUERP electronically will come into effect:

• from July 1, 2023 for companies with a workforce of 150 employees or more;
• on dates set by decree, depending on company size,
• and no later than July 1, 2024 for companies with a workforce of fewer than 150 employees.

From March 31, 2022 until the digital portal is set up, employers must keep their successive versions in paper or electronic form, according to their own organizational preference.

Need support?

Need to set up a DUERP or update it? Our experts and our CountAct solution partly digitize your DUERP and support you in an in-house implementation. So don't wait, and send us an email. Feel free to read our otherarticles on the subject!