Role of labor inspection in RPS prevention

The labor inspection helps prevent psychosocial risks (RPS) by educating employees and employers about their rights and responsibilities and ensuring companies follow labor regulations. Psychosocial risks refer to threats to mental, physical, and social health caused by work conditions, organizational structures, and interpersonal relationships.

Advisors and inspectors at DTEFP

At the Direction du travail, de l'emploi et de la formation professionnelle (DTEFP), advisors provide information to the public, including employees, employers, trade unions, and professionals. If needed, inspectors investigate workplace conditions, relationships, and organizational structures in response to distress reports, addressing issues like delayed pay or uncompensated overtime.

Shift in labor concerns since 2024

Gundo Folz, head of the inspection, relations, and working conditions service, notes that before 2024, most questions were about general labor law. Now, concerns include delayed payments, cash flow issues, and workplace distress. Psychosocial risks extend beyond harassment, which is handled by the courts.

Legal requirement for risk assessment

The Labor Code mandates that employers protect the mental and physical health of employees. Gundo Folz emphasizes that assessing professional risks is required in every company, regardless of the number of employees.

Six categories of psychosocial risk factors

The inspection, relations, and working conditions service (SIRCT) focuses on six main risk factors related to work organization and relationships: workload and working time, emotional demands, lack of autonomy, poor relationships, value conflicts, and job insecurity. Employers must understand and recognize these factors.

Prevention initiatives by DTEFP

To raise awareness of psychosocial risks, the DTEFP plans a prevention morning in November and additional sessions in 2027 for both employers and employees. These events aim to help identify risky situations and develop EvRP (assessment of professional risks) in collaboration with the labor inspection.

Examples of psychosocial risk situations

Camillia Saume, a health and safety advisor, highlights situations that contribute to psychosocial risks, such as being sidelined, loss of autonomy, pressure to meet unrealistic goals, disrespectful comments, value conflicts, and lack of respect in the workplace.

Inspection process and company actors

Ten inspectors monitor about 6,000 companies. The Labor Code provides two key tools: the implementation of EvRP by employers and the plan for the quality of working relationships. This plan includes a written diagnosis and an action plan with awareness and improvement measures. Inspectors can visit companies, review documents, and question employers, employees, and representatives.

Internal and external actors in risk management

Internal actors within the company include personnel representatives (employee representative, CHSCT, CE), human resources, and the internal actors network (delegates against sexism, safety relay, work rescuers, etc.). External actors include the Smit, the inter-enterprise occupational medical service, the DTEFP, the Cafat’s occupational risk prevention section, and trade unions.

Support and reporting mechanisms

The DTEFP labor council informs employees and can refer them to a labor inspector or controller. Employees can also directly contact an occupational physician or their general practitioner. Recognition of work accidents or occupational diseases is handled by the Cafat.

Public sector exceptions and oversight

Public law agents in New Caledonia are not inspected by the labor inspection. However, a 2014 law regulates working relationships and prohibits moral and sexual harassment in the public sector. The community provides prevention and occupational health services, including medical follow-up and prevention assistants, but these are managed by the employer.

Challenges in oversight and accountability

The absence of labor inspection in the public sector raises questions about the oversight of employee support measures. While an inspection was mentioned in the plan for the evolution of the administration, the plan is currently on hold.