COVID-19 - France – final health protocol / mask wearing

We understand there will be some follow up and adaptations needed and some discussions with some sectors (mainly involving heavy work/ physical efforts) to adapt to the work of these employees.  All these measures remain subject to the evolving health situation.

Updated 09 September:

• A Q & A has been published with further details about the Protocol of 31 August: as a reminder, masks are now compulsory in almost all professional situations (even when social distancing is possible). As previously indicated, the limited exceptions relate to solo desks, physical heavy work and being a TV/ radio presenter.
• Being in a spacious room (even with over 4m2 around) does not allow individuals not to wear a mask (but in this case it might be worn on an “intermittent” basis (there is little clarity on what that means).
• The employer must provide masks for free and should issue a note to employees setting out the rules applicable in the company (this will be considered as an addition to the Internal Regulations).
• All these measures will be applicable immediately (on issuing the note). Discussion with the CSE and sending to work inspector may be done later.
• Home working is not an obligation for the employer and may not be requested by an employee (although encouraged with some ambivalence by the French government in particular to avoid public transport). No formalities needed to allow home working.
• Employees who do not respect these health measures may be sanctioned.

Effective from 1 September:

Masks: Systematic wearing of masks in all workplaces unless specific exceptions apply

No mask: exceptions are very strictly limited

• Not required in individual offices

• Possible adaptations for certain activities/sectors after a risk analysis and in workshops with difficult/physical work

• The exemptions depend on the level of virus spread in the geographical area where the company is located: (3 levels: green/ orange or red zone). Paris and suburbs are currently in a red zone

• If the company is located in a red zone, to fall within the exemption from mask wearing, there must be additional space, stronger air extraction, and mechanical ventilation systems are required with at least 4 m2 between each person.

• Conditions: At least the following conditions are required to fall within the exemption from mask wearing:
  (i) air extraction and adapted ventilation;
  (ii) a screen protection between workstations;
  (iii)  a visor; or
  (iv) a COVID-19 representative in the company.

• Remote work is still recommended (but not mandated)

• Persons at risk (and sharing the home of a person at risk):

  • remote work must be prioritised; or
  • if remote work is not possible, additional measures are required (surgical mask, etc).

See our coronavirus (COVID-19) feature for more information generally on the possible legal implications of COVID-19.