CHHUM AVOCATS - French Labour law – Deconfinement in France: what are the 8 obligations that companies must respect ?
1) Respect the barriers (règles barrières) and physical distance measures (distanciation sociale)
The classic barrier measures are obviously to be respected by employees:
- Wash your hands regularly;
- Avoid touching your face;
- Use disposable tissues and discard them immediately after use;
- Cough in his elbow;
- Do not shake hands or kiss to greet each other.
Employees are also invited to:
- Air the closed rooms every 3 hours for 15 minutes;
- Avoid wearing gloves;
- Regularly check its temperature and be attentive to the appearance of symptoms.
The employer must therefore make at least available to employees:
- Hydro alcoholic soap or gel;
- A disposable paper device for wiping hands;
- Disinfectant for objects handled and surfaces.
2) Recommendations in terms of occupancy rate per open space: 4 m2 minimum per person and failing this, need to wear a "general public" mask
The French government recommends setting a space of at least 4 m2 per person, to guarantee that a minimum distance of one meter around a person is maintained.
If in certain situations these measures cannot be respected, the wearing of a "general public" mask must be put in place.
To calculate this occupancy rate, the employer must deduct the areas used for cupboards / lockers and file storage.
Example (Ministry of Labor protocol):
Open space with an area of 700m2
On this surface are installed 50 offices of 2 square meters of surface each, each requiring an additional 2m2 on the ground so that the employee can go about his business normally. The cupboards / locker rooms and file storage account for 1.5 m2 per office. This open space has a 100m2 meeting room and 3 small isolation rooms of 30m2 each. The area dedicated to traffic is 100 m2.
The residual area is therefore: 700 - (4x50) - (50x1.5) - 100 - (3x30) - 100 i.e. = 135 m2.
The maximum tonnage is therefore equal to (Sr / 4): 135/4 = 33 people.
Work will have to be organized so that the 50 people accommodated in this open space are never more than 33 at the workplace.
Example: 25 employees present from Monday to Wednesday noon, then telework the rest of the week and vice versa for the 25 other employees, this organization leaving margins to go from 25 to 33 depending on the constraints of public transport for employees for example .
To read all the article, please click on the link below
National deconfinement protocol for companies to ensure the safety and health of employees of May 3, 2020
Frédéric CHHUM avocat et membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
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