What are the controls carried out to ensure compliance with the health protocol and teleworking?

In a recent instruction from the General Directorate of Labor (DGT) dated 03/11/2020, the Government specifies the modalities of assistance and control of the companies by the labor inspectors during this second wave.

The instruction emphasizes the role of "relay" that labor inspectors must play in the circulation of the national protocol to ensure the health and safety of employees in companies and the rules applicable to the companies in terms of sanitary conditions.

On the other hand, through this instruction, the inspectors must ensure compliance with this national protocol and the application of telework.

Indeed, since the national protocol was updated on October 29, 2020, "the working time carried out in teleworking is increased to 100% for employees who can perform all their tasks remotely. In other cases, the employer must implement a work organization that reduces travel and arranges working hours in order to limit the number of people working simultaneously at the workplace. »

On the basis of this national protocol, the DGT therefore reminds us that "the use of telework is not an option but an obligation for all activities that can be carried out remotely".

It should be remembered that the employer must, in application of the new national protocol, determine the tasks that can be carried out by teleworking.

The DGT thus indicates within its instruction concrete cases of exception to "100% telework" such as for example :

• managerial functions requiring a minimum presence on site to supervise teams whose activities cannot be carried out remotely or activities for which the employee needs access to certain tools, particularly IT tools, which cannot be accessed remotely;
• employees who encounter particular difficulties or constraints that are "duly justified" (e.g., psychosocial risk).

However, the DGT also specifies that "the mere fact of wanting to organize meetings, even managerial meetings, does not justify not teleworking, since these meetings can easily be organized via audio or video conferencing".

With this instruction, labor inspectors are therefore responsible for ensuring that :

• the effective implementation by the employer of the assessment of professional risks (a single, up-to-date professional risk assessment document, postings, barrier measures, individual and collective protective equipment, etc.).
• the adaptation of preventive measures by the employer, who must arrange the teleworking whenever possible.

In the event of non-compliance with these measures, labour inspectors may require companies to comply, and then, in the event of a repeated offence, sanction them if necessary.

Download the DGT instruction date 03/11/2020.

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