FAQ: How to structure, update, and archive your DUERP and PAPRIPACT.

Since the implementation of the implementing decree in March 2022, the archiving and updating the DUERP (Single Document for the Assessment of Occupational Risks) and the PAPRIPACT (Risk Prevention Action Plan and Working Conditions) are precise and must be respected, even in the context of restructuring or multi-establishments.

Here are practical answers to the most frequently asked questions, especially those asked during our webinar.”DUERP and PAPRIPACT: managing mental and physical health to prevent effectively“with Lefebvre Dalloz.

1. DUERP archiving since 2022

How to find the DUERP/PAPRIPACT archives when an entity has been restructured several times?

• Mandatory archiving since March 2022 requires keeping each annual DUERP for 40 years.
• At each key date on your social agenda (e.g. information/consultation with the CSE for the annual update), you must:
  1. Close the last year's DUERP.
  2. Archive it numerically.

So you will have two documents:

• The “daily” DUERP, updated continuously.
• The archived annual DUERPs, closed version, available for consultation if necessary.

2. Involvement of the CSE

What are the employer's obligations vis-à-vis the CSE?

• Faire contribute to the CSE to the development and updating of the DUERP.
• Consult the CSE on the annual update. The CSE must give an opinion (favorable or unfavorable).

Can the CSE propose a DUERP model?

Yes, but the final document remains the employer's prerogative, which defines the shape and the content.

Is the consultation via the CSSCT admissible?

No The CSSCT is a sub-committee of the CSE and does not have the power to issue an opinion.

Do you need two separate consultations for the HSCT report and the PAPRIPACT?

No These two consultations are mandatory, but a global consultation during the same CSE is recommended to simplify the social agenda and presentation logic.

3. Content and links between DUERP and PAPRIPACT

Is the DUERP part of the PAPRIPACT?

These are two separate documents, but PAPRIPACT derives largely from DUERP, in particular critical risks requiring an action plan.

In a multisite, should we have several documents or is a general document sufficient?

• HARD: one DUERP per establishment (mandatory).
• PAPRIPACT: for establishments with more than 50 employees, the same principle applies.

Can actions be planned over more than one year in PAPRIPACT?

Yes, but the PAPRIPACT prioritizes actions over the coming year.

4. Risks and listing

How to integrate and assess psychosocial risks (PSR) in the DUERP?

It is fundamental to consider the RPS like other risk categories and especially not to evaluate them separately. To determine the RPS factors, you can rely on the report GOLLAC which defines six factors that are now in consensus: the intensity and complexity of work, work insecurity, emotional demands, value conflicts, social relationships at work, and autonomy and flexibility. Evaluating RPS can be perfectly part of your usual risk assessment: it is simply a matter of adding questions relating to the various RPS factors mentioned. Examples of questions are in particular offered on the website of INRS.

It may be appropriate toEvaluate RPS with a specific scoring system, in order to refine the analysis. For example, you can multiply the intensity level of a factor by the employee's level of control to obtain a risk score. This approach makes it possible to prioritize actions and to monitor developments over time.

Evaluating RPS correctly in your DUERP is important because not taking them into account can have direct consequences on the organization. This may result in an increase in truancy, a decrease in productivity, higher AT/MP costs, strikes or legal proceedings (especially in the event of harassment), a Turn Over significant and malicious or violent acts at work, which are both cause and consequence of a deteriorated work environment. Integrating RPS into your DUERP therefore makes it possible to prevent these risks,improving the quality of life at work and to secure your organization.

How to assess the severity of a risk and the rating?

• The quotation is needful to identify critical risks.
• The criteria are free, for example:
  1. Low: accident or illness without stopping work
  2. Average: accident or illness with sick leave
  3. Serious: accident or illness with partial permanent disability
  4. Very serious: accident or fatal illness

How to deal with a particular risk such as sexual assault, which can be repeated?

Everything related to VSS or harassment can be addressed via the factors RPS, Social Work Relations and Emotional Requirements. It will be through the evaluation of work situations in which employees are exposed to these RPS factors that you will be able to determine the preventive measures you have planned.

• These risks are managed through RPS factors, by evaluating the work situations that expose employees.
• Preventive measures are integrated into the DUERP and reported in the PAPRIPACT if necessary.

5. Organization and dissemination

How to trace the changes to each version of the DUERP?

It all depends on the tool using which you write your DUERP. In Excel, it is very complicated to trace the various changes and updates. On a digital tool, you can highlight them more easily, via filters, certain parameters; each tool has its own specificities.

Who should we send the DUERP to, apart from occupational medicine and the academy?

• Mandatory: aux coworkers.
• Optional: other organizations (occupational medicine, labour inspection, CARSAT...) only upon request.

6. Sanctions and compliance

What are the penalties if the DUERP or PAPRIPACT are not completed or up to date?

• Penalties are specified in the legal framework and may include: fines, injunctions, or liability from the employer.
• Non-compliance can also have an impact in the event of an accident or inspection by the labour inspectorate.

On the criminal level:

• Failure to transcribe the company's professional risks in a DUERP (or failure to update) is punishable by a fine for 5th class tickets:
  • €1,500 and €3,000 in the event of a repeat offence for a natural person
  • €7,500 and €15,000 in the event of a repeat offence for a legal person (Trav., art. R. 4741-1)
• Criminal sanctions for not presenting the DUERP to the labour inspectorate (fine for 3rd class tickets + offence of obstruction)

7. Practical advice for multi-institution organizations

How to build a robust central PAPRIPACT from existing DUERPs?

First of all, it is a question of analyzing the different DUERPs and determining if there is a trend in certain risky situations that are found in several DUERPs. Then in fact, you can rely on your other indicators: AT, absenteeism, incident reports, Turn Over...

Based on these analyses, the idea will be to determine areas of work in which you will find your actions.

1. Analyze the DUERPs of each establishment to identify trends and common risk situations.
2. Rely on other indicators:
   • Accidents at work (AT)
   • Absenteeism
   • Incident reports
   • Turn Over
3. Determine axes of work transversal.

Example: If the road risk is critical and recurrent on several sites, create a Road Risk Prevention Axis with concrete actions (training, equipment, procedures).

Thanks to Auriande Labed, Confirmed Consultant in Occupational Risk Prevention at Lefebvre Dalloz and to Christophe Labattut, Senior QVCT & RPS Consultant at Qualisocial, for taking the time to answer these key questions.