El Khomri bill threatens occupational medicine

“Labor law: no, thank you! ” Posted on change.org, this petition, on the initiative of Caroline De Haas, has been signed by nearly 1 million French people. A record reached in just two weeks which made the buzz of the news.
In this text, the union activist asks the Minister of Labor, Myriam El Khomri, to abandon her bill aimed at radically transforming the current Labor Code. Among the long list of measures criticized are: in the event of illegal dismissal, the industrial tribunal indemnity would be capped at 15 months’ salary; or even the 11 hours of compulsory rest per 24 hour period which could be divided.
But among the elements proposed in this project, threats also weigh on occupational medicine, unions denounced Wednesday. Contacted by Why actor, Dr. Bernard Salengro, president of the union of occupational physicians, believes that employees will be the first victims.

Deletion of the hiring visit

Indeed, in chapter 5, these trade unionists affirm that the El Khomri law will dismantle the possibility of employees to easily contact the occupational physician and therefore to report their problems to him. They fear in particular that the “new diseases” of work, such as burn-out, harassment, psycho-social risks, and the unrecognized effects of certain chemicals (nanomaterials, pesticides, radiation, etc.) will no longer be diagnosed. ).
The text provides, according to them, the outright abolition of the hiring visit which is now compulsory for each new job.

Listen…

Dr Bernard Salengro, president of the union of occupational physicians: ” I am worried about the employees who will lose a protective umbrella. They will only have virtual access to the occupational physician… “

As a replacement, the Minister would consider setting up a monitoring system (by a nurse or a nursing assistant) piloted by the employers’ departments to organize contact with the employees every five years, as recommended by the report by the deputy of Isère Michel Issindou (PS) handed over to the government last year.

Towards selective and control medicine

For Dr. Salengro, this bill will also “discreetly” transform occupational physicians “from protectors into controllers”. With the addition of discrimination between employees.
These practitioners will only see subjects at risk for themselves (employees in the building industry, industry, etc.), but also, “and this is the novelty”, for the safety of third parties, that is. ie customers or passers-by for example.

The confederal expert CFE-CGC (1) therefore criticizes this change “towards selective and control occupational medicine”.
In addition, he regrets that this bill leaves the management of occupational health services and the decision on the number of doctors required to employers. “The conclusion is immediate and already in fact: the pressures and threats of dismissal of occupational physicians are beginning”, warns the CFE-CGC.

Listen…

Dr Bernard Salengro : ” In the El Khomri project everything is done so that the employer does not have any constraints or supervision. And for occupational health, it’s the same… “

Finally, Bernard Salengro accuses the University of participating in “the strangulation of the specialty” by a policy of tightening training: 94 practicing physicians in Paris had applied to become occupational physicians, only 21 were selected “under fallacious pretexts, ”writes the CFE-CGC.
For all these reasons, the Confederation denounces this dismantling “which will weaken the protection of employees and worsen working conditions for the service sector and management, that is to say 80% of jobs”, de facto excluded from the Occupational Medicine.

(1) French Confederation of Framing – General Confederation of Executives