Postponement of the electronic filing of the DUERP.

Since July 1, 2023, companies with a workforce equal to or greater than 150 employees are supposed to submit the single professional risk assessment document (DUERP) and its successive updates on a digital platform. Companies employing less than 150 employees have until July 1, 2024 to do so. However, this digital platform does not yet exist! 

So what should companies affected by this obligation do?

In a written response, following a senator's questioning, the Minister of Labor indicated in particular that during the preliminary reflections on the implementation of the portal, the numerous difficulties that would have to be overcome to put it in place quickly became apparent. to all stakeholders, particularly in terms of the technical feasibility of hosting documents for 40 years, authenticating access, or even to ensure the protection of business secrets or define the conditions for financing and maintenance of this portal. This is why the Minister of Labor contacted the General Inspectorate of Social Affairs (IGAS) in December 2022, in order to assess all possible solutions in strict compliance with the principles set by the ANI of December 2020.

The work carried out by IGAS, following a broad consultation of stakeholders, confirms the difficulties linked to the operational implementation of this portal and also highlights a negative risk-benefit balance sheet.

On the basis of this work and in agreement with the social partners who are members of the National Committee for Prevention and Health at Work, the ministry in charge of labor will therefore carry out new consultations in order to identify the follow-up to be given, in a perspective of strengthening collective traceability of exposure to occupational risks for the benefit of the health of workers and former workers.

In the meantime, in accordance with the provisions of article R. 4121-5, the employer keeps the successive versions of the DUERP within the company in the form of a paper or electronic document.

Each update of the DUERP must also be transmitted to the occupational prevention and health service to which the employer adheres, under VI of article L. 4121-3-1 of the labor code.

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