“Sitting kills.” This public health slogan is now becoming a major legal issue for French companies. Between safety obligations and the prevention of psychosocial risks, cognitive sedentariness is making its way into the Labor Code.
It must be said that immobility is no longer just physical; it has become “cognitive.” Remaining frozen in front of a screen for eight hours a day doesn’t just strain the spine, it also oversaturates our capacity to focus. Furthermore, while the link between sedentariness and chronic illnesses (diabetes, cardiovascular diseases, MSDs) is scientifically established, its translation into labor law is taking a major step forward.
A Full-Fledged Occupational Risk
Article L. 4121-1 of the French Labor Code requires employers to protect the physical and mental health of their employees. Moving forward, failing to include the risks associated with sedentariness and cognitive overload in the Document Unique d’Évaluation des Risques Professionnels (DUERP – Single Occupational Risk Assessment Document) could constitute inexcusable negligence (faute inexcusable) in the event of illness or burnout.
Toward a “Right to Movement”?
The Labor Code already regulates this reality to prevent mental fatigue and MSDs (Musculoskeletal Disorders):
- Active breaks (Art. R4542-4): Screen-based work must be interrupted by changes in activity or regular breaks (ideally 5 minutes every 30 minutes).
- Workstation adaptation (Art. L4121-2): Employers must adapt the work to the individual through ergonomic furniture that allows for alternating postures.
- Increased vigilance: Remote work, a contributing factor to isolation and immobility, reinforces the company’s responsibility in monitoring cognitive workload.
Beware of Non-Compliance
The assessment of occupational risks is taking a historic legislative turn. Adopted on the 11th of May and currently under review by the Constitutional Council, the new bill relating to the fight against social and tax fraud introduces an administrative fine for the absence of a DUERP.
In the event of an audit or failure to comply with this legal obligation, the fine could reach €4,000 to €8,000 per employee. For companies, the stakes are clear: taking care of their collaborators and rigorously updating their DUERP. A healthy team is an efficient team.
For Guaranteed Health
ærige is getting in motion
