OPINIONS OF THE ECONOMIC, SOCIAL AND OPINIONS OF THE ENVIRONMENTAL ECONOMIC, SOCIAL COUNCIL AND ENVIRONMENTAL COUNCIL The prevention of psychosocial risks Sylvie Brunet Mai 2013 CONSEIL ÉCONOMIQUE, SOCIAL ET ENVIRONNEMENTAL 9, place d’Iéna 75775 Paris Cedex 16 Tél. : 01 44 43 60 00 www.lecese.fr Les éditions des JOURNAUX OFFICIELS 2013-12 NOR : CESL1100012X Wednesday May 29, 2013 OFFICIAL JOURNAL THE FRENCH REPUBLIC, Mandate 2010-2015 – Session of May 14, 2013 THE PREVENTION OF PSYCHOSOCIAL RISKS Opinion of the Economic, Social and Environmental Council Submitted by Mrs Sylvie Brunet, rapporteur On behalf of the Section for Labour and Employment Question referred to the Economic, Social and Environmental Council by a decision of its office dated October 23, 2012 applying Article 3 of the Ordinance No 58-1360 of December 29, 1958 amended, concerning the organic law relating to Economic, Social and Environmental Council. The office entrusted the Section for Labour and Employment to prepare an opinion on The prevention of psychosocial risks. The section for Labour and Employment, chaired by Ms. Françoise Geng, appointed Mrs. Sylvie Brunet as rapporteur. Table of contents Summary of the Opinion ___________________ 5 Opinion __________________________________ 9 Introduction 9 I. Progress report on the prevention of psychosocial risks 10 A. Risks not well identified, but very present 10 Ê Risks that are hard to define 10 Ê Very present risks: A major issue of the public health 15 B. Reasons to research changes to the working world 21 Ê The causes “internal” to the company 21 Ê External causes linked to general context 27 C. A legal arsenal that is quite dense, but not yet stabilised 28 Ê A relatively protective legal framework 28 Ê A very evolving jurisprudence 31 Ê A still imprecise legal framework 32 D. Mobilisation of public authorities 34 Ê The commitment of public authorities 34 Ê The involvement of social partners 36 E. The awareness of private and public employers 38 Ê The distribution of “good practices” in the private sector 38 Ê Occupational health in public service 43 F. Action of different individuals involved in prevention 47 Ê The prevention officers foreseen by the 2011 law 48 Ê Staff delegates and the business committee 48 Ê The CHSCT, an agency in debate 48 Ê The long term reform of occupational health service 52 2 – OPINION OF THE EconomIC, SOCIAL AND ENVIronmental COUNCIL Ê External influences 54 Ê Prevention and territorial collective bargaining 56 G. A support for victims still insuficent 58 Ê Monitoring distressed persons 58 Ê An admission still difficult for victims 58 H. The prevention of psychosocial risks abroad 60 Ê A very diversified organisation of occupational health in Europe 61 Ê PSR Prevention in Denmark and Sweden 61 Ê Other foreign examples 62 II. The recommendations 63 A. Preventing PSR by adhering to clearly declared principles of action 64 B. Improve understanding and assessment of psr 65 C. Stabilise and clarify the legal framework for occupational health 69 D. Further mobilise various stakeholders involved in prevention 70 E. Ensure implementation of the 2009 agreement and extend the agreed actions to the public service 73 F. Improve detection of and support for victims 75 THE PREVENTION OF PSYCHOSOCIAL RISKS – 3 Declarations by the Groups _______________ 77 Voting __________________________________ 96 Annexes ____________________________________ 98 Annex N° 1: List of auditioned persons __________________________________ 98 Annex N° 2: List of interviewed persons _______________________________ 100 Annex N° 3: Synthesis of hearings on psychosocial risks _________________ 102 Annex N° 4: PSR evaluation grid ______________________________________ 112 Annex N° 5: Legal framework of occupational health ___________________ 113 Annex N° 6: Stakeholders of the prevention ___________________________ 124 Annex N° 7: Occupational Health in the Public Service __________________ 127 Annex N° 8: Prevention of psychosocial risks ___________________________ 130 Annex N° 9: Psychosocial risks according to INRS _______________________ 131 Annex N° 10: PSR models of analysis __________________________________ 133 Annex N° 11: Members of the Section for Labour and Employment ______ 137 Annex N° 12: List of bibliographic references __________________________ 139 Annex 13: Table of Acronyms ________________________________________ 142 4 – OPINION OF THE EconomIC, SOCIAL AND ENVIronmental COUNCIL THE PREVENTION OF PSYCHOSOCIAL RISKS Summary of the Opinion1 Five years after the 2008 national cross-industry agreement on work related stress and then, in 2009, the emergency plan for the prevention of stress in France, the ESEC decided to draw up a progress report on psychosocial risks and to formulate recommendations on how to best prevent them. Progress report on the prevention of PSR If work related suicides of employees and job-seekers have been particularly shocking for public opinion, these tragedies are merely the visible part of a much wider phenomenon commonly referred to as “psychosocial risks”. These risks are manifested in various ways: chronic stress, bullying, sexual harassment (defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment”) assaults and external violence, burnout and suicide at work. The development of psychosocial risks is linked to changes in the workplace as well as the economic and social environment dominated by crisis. A multi-faceted and multifactorial phenomenon, these risks remain difficult to identify, even though they are very much present in the world of work and as such constitute a major public health issue. Faced with this increasingly widespread phenomenon, public authorities and social partners have not been inactive, and many initiatives have already been taken. Similarly, psychosocial risks are also given greater emphasis by the various parties involved in prevention. However, these initiatives take time to produce results and are still not sufficient. The recommendations of the ESEC In companies, the prevention of psychosocial risks must form part of a comprehensive approach which effects human resources management, the organisation of work and the quality of working conditions. This approach should be guided by clearly displayed principles of action which will have an effect on health and, more generally, on the quality of life at work. Prevent PSR by adhering to clearly displayed principles for action Prevention of PSR does not reside only, nor principally, in legislative or regulatory movements, but in the change of management practices and in good governance. In this respect, promoting quality collective bargaining around health and well-being at work and focus on primary prevention by directly addressing risk factors are two fundamental 1 The entire draft opinion was adopted by public vote with 98 votes in favour and 67 abstentions (see the result of the vote in annex). THE PREVENTION OF PSYCHOSOCIAL RISKS – 5 orientations. In fact, it is right to focus on preventive and collective measures that deal with organisation and management methods in effect in companies and administrations. Improve understanding and assessment of PSR The prevention of psychosocial risks requires a better understanding of these risks, both at national and company level. In order to encourage employers to seize the question specific to psychosocial risk, it could be opportune that the single risk assessment document (DUER) comprises a systematic assessment of psychosocial risk factors by work unit. Furthermore, the Council recommends renovating the DUER development procedure in order to make consultation obligatory with CHSWC and occupational health services on this document, key to occupational risk prevention. Finally, ESEC proposes reactivating the employee’s right to expression so that it has a priority influence on occupational risks, notably psychosocial risks, and the implementation of actions to reduce these risks. Stability and clarify Legal framework for occupational health A goal of this axis of recommendations is to clarify an unstable legal framework accounting for much of the jurisprudence in the matter of occupational health, which places employers and employees in a position of legal insecurity. Without creating new obligations for the employer, the Council thus recommends, with the concern of stabilising and clarifying the legal framework, taking into account in the Labour Code the principal jurisprudential evolutions in the matter of occupational health and the prevention of professional risks However, this recommendation has not gained a large consensus. In addition, the Council recommends reinforcing the prevention of psychosocial risks in advance of restructurings or reorganisations, notably by rendering the realisation – in connection with staff representatives – of a study of impact in order to evaluate it for organisational and humane consequences. Further mobilise various stakeholders involved in prevention Beyond the plurality of prevention stakeholders, particularly the employee representative authorities, there is the issue of good coordination between different interventions and, above all, the quality of collective bargaining formed in companies about occupational health issues. Particular attention must be given to SMEs in order to accompany them in the approach of evaluation and prevention of psychosocial risks,