Regulatory Updates from France and Norway

Are you wondering about regulatory updates in Europe? Read on to hear about recent updates in France and Norway that may impact your operations. As a global Alliance we stay up-to-date on regulatory updates at a local level around the world.

France Regulatory Updates

In France a new "Labor Law" to strengthen occupational health prevention will be applicable on 31 March 2022 and will require the publication of additional decrees that are essential for its implementation.

Numerous topics are addressed, modified and supplemented by this law: Document Unique, training, Occupational medicine, sexual harassment, medical visits, etc.

Here is the main information (not exhaustive):

Document Unique:

Implementation of a mandatory annual prevention program for companies with more than 50 employees (simple action plan for companies with less than 50 employees);

Electronic filing of the DUER and its updates on a digital portal:

applicable on 1 July 2023 for companies with more than 150 employees;
at the latest by 1 July 2024 for companies < 150 employees.

Retention period of the DUER of 40 years;

Consultation of the CSE on the DUER and its updates;

Transmission of the DUER and its updates to the occupational medicine / occupational health service to which the company adheres.

Training :

Implementation of a prevention passport in which the health and safety training courses taken by employees must be recorded;

(integrated into the worker's orientation, training and skills passport, if existing)

Reinforcement of training for staff representatives, members of the CSE, the SSCT committee and the sexual harassment referent.

Occupational Medicine & Occupational Health Services:

Occupational Health Services become Prevention and Occupational Health Services (SPST);

The SPSTs will have the objective of preparing actions to promote health at work;

Organize vaccination and screening campaigns;

Preventing loss of employment.

Medical check-up:

Creation of a mid-career medical check-up (failing that, during the calendar year of the worker's forty-fifth birthday)

Sexual harassment :

New definition: sexual harassment at work is materialized when it is suffered by the employee;

Inclusion of sexist remarks and behavior.

For more information on this regulatory update please contact our associate Antea Group France.

Norway Regulatory Updates

Transparency Act, relating to enterprises' transparency and work on fundamental human rights and decent working conditions. Entry into force - January 7, 2022.

Section 1. Purpose of the Act

The Act shall promote enterprises' respect for fundamental human rights and decent working conditions in connection with the production of goods and the provision of services and ensure the general public access to information regarding how enterprises address adverse impacts on fundamental human rights and decent working conditions.

Section 2. Scope of the Act

The Act applies to larger enterprises that are resident in Norway and that offer goods and services in or outside Norway. The Act also applies to larger foreign enterprises that offer goods and services in Norway, and that are liable to tax to Norway pursuant to internal Norwegian legislation.

The King may issue regulations determining that the Act, in whole or in part, shall apply to enterprises on Svalbard, Jan Mayen and the Dependencies of Norway.

Section 3. Definitions

a)For the purposes of this Act, larger enterprises means enterprises that are covered by Section 1-5 of the Accounting Act, or that on the date of financial statements exceed the threshold for two of the following three conditions:

1.sales revenues: NOK 70 million

2.balance sheet total: NOK 35 million

3.average number of employees in the financial year: 50 full-time equivalent.

Parent companies shall be considered larger enterprises if the conditions are met for the parent company and subsidiaries as a whole.

b)Fundamental human rights means the internationally recognised human rights that are enshrined, among other places, in the International Covenant on Economic, Social and Cultural Rights of 1966, the International Covenant on Civil and Political Rights of 1966 and the ILO's core conventions on fundamental principles and rights at work.

c)Decent working conditions means work that safeguards fundamental human rights pursuant to (b) and health, safety and environment in the workplace, and that provides a living wage.

d)Supply chain means any party in the chain of suppliers and sub-contractors that supplies or produces goods, services or other input factors included in an enterprise's delivery of services or production of goods from the raw material stage to a finished product.

e)Business partner means any party that supplies goods or services directly to the enterprise, but that is not part of the supply chain.

The Ministry may issue regulations regarding what is considered fundamental human rights pursuant to the first paragraph (b) and decent working conditions pursuant to the first paragraph (c). The Ministry may issue regulations regarding exemptions from larger enterprises pursuant to the first paragraph (a).

Section 4. Duty to carry out due diligence

The enterprises shall carry out due diligence in accordance with the OECD Guidelines for Multinational Enterprises. For the purposes of this Act, due diligence means to

a)embed responsible business conduct into the enterprise's policies

b)identify and assess actual and potential adverse impacts on fundamental human rights and decent working conditions that the enterprise has either caused or contributed toward, or that are directly linked with the enterprise's operations, products or services via the supply chain or business partners

c)implement suitable measures to cease, prevent or mitigate adverse impacts based on the enterprise's prioritisations and assessments pursuant to (b)

d)track the implementation and results of measures pursuant to (c)

e)communicate with affected stakeholders and rights-holders regarding how adverse impacts are addressed pursuant to (c) and (d)

f)provide for or co-operate in remediation and compensation where this is required.

Due diligence shall be carried out regularly and in proportion to the size of the enterprise, the nature of the enterprise, the context of its operations, and the severity and probability of adverse impacts on fundamental human rights and decent working conditions.

The Ministry may issue regulations regarding the duty to carry out due diligence.

For more information on this full regulatory update please contact our Associate DGE in Norway.

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