Since March 14, wearing a mask is no longer compulsory in shops and schools, despite the start of a rebound in the Covid-19 epidemic. It is also possible to remove it in companies. On social networks, especially in spheres opposed to vaccines and health restrictions, some are worried about a drift in new health instructions. Companies would force their employees to wear the mask. “Young people on internship, employees in companies forced to keep the mask, are we talking about these pressures? “, is indignant a user on Twitter.
Another publication shows a list of health instructions, applicable from March 14, 2022. “The end of wearing a mask is apparently not for everyone! Our director has decided otherwise until further notice… Is it at least legal? asks another internet user.
On this note dated March 10, it is indicated that, when the conditions of 2 meters are not possible, “the mask will have to be maintained”, as well as during carpooling or visits to customers. The company, which has been anonymized, would explain “that the circulation of the virus continues” and that it must “ensure the protection of employees and customers”.
FAKE OFF
According to the cabinet of Elisabeth Borne, Minister of Labour, “there is no longer any need to take general measures requiring the wearing of masks in shared interior space within companies” since March 14. But, despite this general protocol, it is still possible for companies to continue to make it compulsory to wear a mask.
How? ‘Or’ What ? This falls within the specific framework of Article L. 4121-1 of the Labor Code, which obliges the employer to take the necessary measures to ensure the safety and protect the physical and mental health of workers. Thus, within the framework of internal social dialogue on the organization, layout of premises or hygiene measures, companies can assess the risks of exposure to the virus and implement preventive measures. “If in this context, the employer considers that measures of distancing or wearing a mask are necessary, he is entitled to do so”, indicates the cabinet of Elisabeth Borne.
“A reversal of obligations”
“It’s a reversal of obligations, comments Corinne Metzger, labor lawyer, partner at MBDA. Today, there are no more guidelines given by the government to the employer. It’s up to him to see if it’s suited to his company, to the working methods, if it’s the only way to ensure safety. »
After consultation with the CSE, the employer can therefore make the wearing of a mask compulsory by means of a memo of a temporary nature. “If the employee does not respect the memorandum, this may result in disciplinary action,” adds the lawyer.
Elisabeth Borne’s cabinet specifies, however, that the distance of 1 m or 2 m is no longer applicable, because this aspect was removed on March 12 during the update of the decree concerning the general management measures for exiting the health crisis.