The world of work has changed drastically since the start of the Covid-19 crisis, as a result of the urgent need to raise health standards in every company. The date of May 11 marks the return to work for many employees, who will be returning to their usual working environment...with a few exceptions!

On May 3, 2020, the Government published its national decontamination protocol for companies. The aim is to ensure the health and safety of employees. Failure to comply with these measures may result in immediate closure of the company.

Let's take a look at all the measures companies need to take to welcome their employees in the best possible conditions.

What is the national decontamination protocol for companies?

The national decontamination protocol contains a number of measures designed to avoid the risks of exposure to the virus, assess the risks that cannot be avoided, and give priority to collective protection measures over individual protection measures.

Among the imperatives to be scrupulously respected are :

  • Respect for barrier gestures and social distancing
  • Limiting the number of people per open space: the government has chosen to adopt a "universal" criterion for maximum occupancy of spaces open to the public and in the workplace, set at a minimum of 4 square meters per person.
  • Managing the flow of people: in addition to reorganizing work to sequence processes, the employer will seek to review the organization of theworkspace to avoid or limit cross-fertilization as much as possible.
  • The provision of personal protective equipment (PPE): this complements collective protective measures. It is advisable to equip employees as far as possible with masks and their usual equipment. The employer can provide FFP1 masks or alternative masks for non-domestic use, known as "general public" masks. The employer may also decide to make the collective wearing of "general public" masks the general rule within the company.
  • Screening tests: screening campaigns organized by companies for their employees are not authorized, and screening tests must be carried out directly by the competent health authorities.
  • How to deal with a person showing symptoms and their close contacts: If there are no signs of seriousness, contact the occupational physician or ask the person to contact their GP for medical advice. In the event of serious symptoms, call the emergency medical service (SAMU).
  • Taking the temperature of employees
  • Cleaning and disinfecting premises

To consult the official guide in its entirety, click here.

What is the employer's responsibility and what legal protection does it have?

Employer liability is a major issue in this unprecedented health context. According to the Fauchon law (2000), company directors are liable if they have "manifestly and deliberately violated a particular duty of care or safety" or committed "a characterized fault which exposed others to a particularly serious risk" that they could not have been unaware of. In short, they must have been aware that their actions (or inactions) could endanger the lives of others.

Employers' criminal liability is still an issue.

Subject to the sovereign appreciation of the judges, an employer should not be found guilty if he complies with the prevention approach laid down in the national decontamination protocol for companies.

On May 6, three employers' organizations - the CPME, the U2P and the FNSEA - published a joint press release calling for the liability of managers to be limited to "intentional, negligent or reckless misconduct", in order to provide a better framework for liability and protection.

How do you manage the return of employees to their physical workplace?

First of all, it should be remembered that telecommuting is to be introduced wherever possible until at least June 2. The physical presence of teleworkers, whether occasional or periodic, must be organized in such a way as to limit the number of employees joining the company at the same time.

As part of the fight against Covid-19, employers have the following obligations:

  • Assess unavoidable risks in the workplace, based on the nature of the work to be performed.
  • Based on this assessment, determine the most appropriate preventive measures
  • Involve employee representatives in this work
  • Whenever possible, contact the occupational medicine department, whose role is to advise employers, workers and their representatives and, in this capacity, to recommend any useful information on effective protective measures and the implementation of "barrier gestures".
  • Respect and enforce the barrier measures recommended by the health authorities.

Compliance with all these standards should limit the risk of a contamination chain developing when employees physically return to their workplace.