MY HEALTH RIGHTS

Better to live with his computer: an expert witness (2001), reported in full.
“Since 1991, a decree fixes the employers obligations technical, medical and organizational on the computer. It applies to employees using a computer “for a significant part of their working time” – that is to say most of the time
Pub An employer must analyze the occupational hazards due to the computer and identify measures to be taken in response to these risks. In principle, these measures must be implemented when they were accepted, given a reasonable time is allowed for the time for implementation.The employer, if not a guarantor of the computer itself – where security flaws, it may turn against the manufacturer – is the guarantor of its use inside the company, and that means facilitating the availability of staff.
You should know that if the employer has not provided alternating between work on the computer and tasks without screen display, the employee is entitled to specific breaks – breaks out classics, variable depending on incumbency – whose duration is not fixed by decree or by circular of the Ministry.
These breaks allow specific particularly the eyes and stand back, requested by the work on screen.
The employee is not supposed to know the rules of computer usage. This information from the employer is a burden on the employer. It covers three points: the pause additional specific granted – obligation technical – information on the use and risks related to computer use – as well as training job – organizational obligation – and Finally, the prevention of health problems – duty medical -.
On the technical requirement, as in other areas related to the computer such as the use of the Internet inside the company or the means available information, it is generally called for the adoption of a charter to define the practicalities of compliance doits and obligations arising from the Decree, including pause additional specific granted.
Regarding the organizational requirement, the employer must, as a first step, draw up a list of problems. As, for example, ensure that software developed for the company is ergonomic, easy understanding and adapted to the jurisdiction of the employee. This means limiting its rate of hardship. ” Or give the employee training on software they use in connection with his work.
Regarding the obligation of a medical nature, there is a specific examination to be carried out at the Medical Labour when using a computer company: examination of the eyes. This initiative is borne by the employer. Furthermore, if an employee complains about his job, he must make a visit to the Labour Medicine. At the end of this review, no financial burden should not affect the employee where costs are linked to devices beyond the normal devices, as a key under the table, a filter screen or even a correction as a coquée chair to adjust his seat.
The employee has recourse in the event of non-compliance with these obligations. It is already on its own initiative, consult the occupational medicine, whose details are required to be displayed in the workplace. It may initiate criminal proceedings – against his direct supervisor or against the company as such, for example within the framework of “involuntary diseases.”
For its part, the employer may turn against the manufacturer, including on the basis of medical studies highlighting that the equipment did not conform to the “state of the art” and / or standards force – which takes into account the tools available on the market -. The manufacturer is obliged to inform the buyer risks.
For prevention, a specific charter on the safe use of means “can be drafted and adopted in compliance with the procedures in respect of staff representatives.
Employee side, we must remember that any employee may request a visit to the Medical Labour in the event of health troubles felt in the workplace. And to claim the changes necessary working conditions, based on the requirements of occupational physician.
Anything that is a possible nuisance in the workplace – smells plants, development of Feng Shui – and without medical prescription, the employer can refuse if it presents a hazard or a nuisance in the organization of work. But an employee who was travelling in his bermuda to work because of the heat was dismissed.
While new technologies are increasingly used in everyday life and as we come to an age of maturity for the problems they cause. But the health concern is a general trend of today’s society, relayed by Bill Kouchner on democracy health or the requirement of citizen vis-à-vis drug manufacturers – litigation on medical liability have tripled this year according to an insurance company – or even the success of health sites.
The movement follows a general trend towards the primacy given to health capital by citizens / patients / insured, became a few years’ care consumers, “more than ever mobilized by their state of health.