(Instr. DGT-DSS n°1 dated 13th March 2015, NOR: ETS1504534J)  

The General Labour and Social Security Directorates have initiated a series of instructions intended to accompany implementation of a personal prevention of difficult working conditions account. Instruction DGTDSS n°1 dated 13th March 2015 gives detail on implementation of the provision arising from Law n°2014-40 dated 20th January 2014 guaranteeing the future and fairness of the pensions system, and its application orders. 

The instruction details the arrangements for said account and reviews the obligations of employers in 2015, in which year only four of the ten difficult working conditions factors have to be taken into account. These are night working, work in successive, alternating teams, repetitive work and hyperbaric working conditions. The six other factors will take effect on 1st January 2016, and shall be the subject of another text.  

Regarding the field of application of the difficult working conditions account, an individual record of prevention of exposure must be prepared regardless of the size of the firm, or the number of workers so exposed. This account concerns all employees of private firms, staff of public bodies employed under terms of private law, apprentices and persons employed under professional training contracts. 

In the absence of legal details, according to this instruction, the employer has to declare exposure to difficult working conditions identified for 2015 in the Annual declaration of Labour data (DADS), at the latest by 31st January 2016.  

Finally the instruction specifies that employees’ periods of absence shall be taken into account “where they clearly call into question exposure over the thresholds” which relate to the post in question, such as long-term sick leave or educational leave. 

Said instruction is completed by nine technical sheets regarding:  

  • opening of the difficult working conditions account, declarations by the employer and payment of contributions;  
  • field of application of the obligation to establish an individual record of prevention of exposure and of the benefit of the personal difficult working conditions account; 
  • thresholds of exposure to factors of difficult working conditions applicable in 2015;  
  • the conditions of preparation and communication of prevention of exposure sheets;  
  • connections between assessment of individual exposure to difficult working conditions and the overall risk assessment process; 
  • requirements for reporting exposure;  
  • reporting and payment terms applicable to contributions relating to the personal difficult working conditions account;  
  • requirements for reporting contributions in DSN;
  • terms of acquisition of difficult working conditions points by employees

This first instruction will shortly be followed by a second, specifying the terms of acquisition and use of pension points by employees in the context of the difficult working conditions account.