Single Document for the Assessment of Occupational Risks (“DUERP”): Employer Obligations

The Single Occupational Risk Assessment Document, known as the DUERP or the “single document,” is a mandatory record in which the employer documents the results of the assessment of health and safety risks to its employees. It is required under Article R. 4121-1 of the Labor Code.

In practical terms, the DUERP lists all risks present in the workplace—that is, potential sources of harm—and assesses the associated risks, meaning the probability that an employee will be exposed to them and the severity of possible consequences. This distinction between the source and risk of exposure is fundamental: a machine may be a source of risk; the risk of exposure is the possibility that an operator could be injured while performing routine maintenance on it.

Beyond a simple inventory, the DUERP serves as the cornerstone of the company’s entire prevention policy. It informs decisions regarding training, investments in protective equipment, workplace redesigns, and the preventive and corrective actions outlined in the annual prevention program. For companies with more than 50 employees, this prevention program takes the form of a formal document called PAPRIPACT (Annual Program for the Prevention of Occupational Risks and the Improvement of Working Conditions).

📚 Good to know: The law of August 2, 2021, to strengthen occupational health and safety prevention (known as the “Rist” law) has tightened the requirements surrounding the DUERP: mandatory retention for 40 years, filing on a dedicated digital portal, and new update requirements.

The duty of care: protecting physical and mental health

Article L. 4121-1 of the Labor Code establishes the fundamental principle: the employer must take the necessary measures to ensure safety and protect the physical and mental health of workers.

This obligation explicitly covers psychosocial risks (“PSRs”): chronic stress, burnout, and psychological or sexual harassment. Case law holds that failure to mention PSRs in the DUERP is subject to the same penalties as omitting a physical risk.

General Principles of Prevention

Article L. 4121-2 of the Labor Code sets forth the general principles of prevention that employers must follow:

1. Avoid risks
2. Assess risks that cannot be avoided.
3. Address risks at the source—act as close to the problem as possible rather than downstream.
4. Adapt work to the worker—ergonomics of workstations, reduction of mental strain.
5. Take technological advances into account—incorporate new prevention solutions as they become available.
6. Replace risky practices with less risky ones.
7. Plan prevention by integrating technology, organization, working conditions, and workplace relationships.
8. Implement collective protective measures, giving them priority over individual protective measures.
9. Provide appropriate instructions to workers.

Information and Training Initiatives

The employer is required to inform and train employees on the specific risks associated with their jobs. This obligation involves several concrete actions: training in fire safety and evacuation procedures (mandatory in all workplaces), training in proper movements and postures for jobs involving a risk of lower back injury, and training as a Workplace First Aid Responder (SST), which is strongly recommended. These training sessions must be repeated regularly and adapted whenever there is a change in job duties, equipment, or organizational structure.

Yes, without exception. As soon as the first employee is hired, the employer is required to conduct a risk assessment and document it in a DUERP. There is no minimum headcount threshold below which this requirement does not apply: a company with a single employee is subject to this requirement just as much as a group of 500 people.

Interns and apprentices are also included. In fact, taking on an apprentice or intern is an opportunity to review and update the existing DUERP.

Self-employed workers who perform work on the company’s premises (subcontractors, service providers) must also be taken into account in the risk analysis, particularly in assessments related to shared work activities.

⚠️ Important: The absence of a DUERP is frequently cited in court rulings recognizing the employer’s inexcusable negligence. Failing to draft this document or failing to update the DUERP following a workplace accident can be held against the employer. The financial consequences can be significant.

Essential Content: Risk Inventory by Work Unit

The DUERP is organized by “work units,” a broader concept than a single job position: a work unit may include several employees exposed to the same risks (for example, a traveling sales team, an open-plan office, support functions, or a delivery team).

For each work unit, the document must identify the risks present, assess the level of risk based on two criteria—frequency of exposure and potential severity—and outline existing and planned preventive measures. Here are some concrete examples of work units and typical risks:

• Open-plan office: risks of musculoskeletal disorders (“MSDs”) related to prolonged sitting, psychosocial risks related to noise, inadequate lighting, and high mental workload.
• Mechanical maintenance workshop: risks of cuts and crush injuries related to machinery, chemical risks (oils, solvents), and risks associated with working in a crouched position.
• Field sales team: road traffic risks (the leading occupational hazard in France), risks of isolation, and fatigue from repeated travel.
• Retail checkout staff: risk of assault, MSDs related to repetitive movements, risk of internal violence.

Update Frequency

Updating the DUERP is mandatory in several situations: at least once a year for companies with 11 or more employees; whenever a major change is made that alters working conditions (new equipment, reorganization, relocation); and when new information regarding a risk becomes available (health alert, workplace accident occurring in the sector).

For companies with fewer than 11 employees, an annual update is not legally required, but it is strongly recommended. In practice, any significant change in working conditions should trigger a review, regardless of the company’s size.

40-Year Retention and Digital Archiving

The law of August 2, 2021, introduced a major requirement: the DUERP and all its successive versions must be retained for at least 40 years. This period, which corresponds to the latency period for certain occupational diseases (asbestos, work-related cancers), is intended to ensure the traceability of exposures throughout an employee’s entire career.

💡 Practical tip: Number and date each version of your DUERP. Store older versions in a dedicated folder (digital or secure paper format): in the event of a lawsuit for gross negligence filed years after exposure to the risk, you must be able to present the document that was in effect at the time of the incident.

The absence of a DUERP, or if it is incomplete or outdated, exposes the employer to several distinct categories of penalties.

From a criminal standpoint, the absence of the single document constitutes a 5th-class misdemeanor, punishable by a fine of €1,500 (€7,500 for a legal entity) for a first offense, increased to €3,000 in the event of a repeat offense (€15,000 for a legal entity). The labor inspector may identify the violation during any inspection and issue a citation.

Failure to make the DUERP available to the CSE may also constitute the offense of obstruction (Article L. 2317-1 of the Labor Code), punishable by up to one year of imprisonment and a fine of €7,500.

Failure to make the document available to the labor inspectorate may constitute a misdemeanor (third-class fine) for refusing to provide required documents.

If the failure is intentional, it may be classified as the offense of obstructing the labor inspectorate’s mission, which constitutes a separate offense.

Failure to comply with the obligation to prepare and update the DUERP may result in the employer’s civil liability. An employee may seek damages for breach of this obligation. [

This possibility of compensation exists in addition to the criminal penalty under Article R. 4741-1.

Finally, in the event of an occupational accident or occupational disease, the absence or inadequacy of the DUERP is a decisive indicator of the employer’s inexcusable negligence. Inexcusable negligence is established when the employer was—or should have been—aware of the danger and failed to take the necessary measures to protect the employee. This results in an increase in the disability benefits paid to the victim, full compensation for all damages (including emotional distress), and reimbursement by the employer to the CPAM of the amounts thus incurred. The amounts can quickly run into tens of thousands of euros.

📐 When it comes to psychosocial risks, case law is particularly strict. In several recent rulings, employers have been found guilty of inexcusable negligence following employee burnout, on the grounds that these risks were not mentioned in the DUERP and that no preventive measures had been taken despite identifiable warning signs.