Foire aux questions : Le protocole sanitaire

Le protocole suffit-il à me garantir la sécurité au travail ?

Le protocole sanitaire ministériel regroupe les mesures proposées par l’employeur pour garantir, selon lui, votre sécurité au travail. C’est donc la position de l’employeur et ce document ne caractérise donc pas à lui seul les conditions assurant la santé et la sécurité des personnels.

Certains dispositifs ne sont ainsi pas prévus par le protocole alors qu’ils peuvent être considérés comme indispensables à votre sécurité en période de pandémie :

  • des tests de dépistage systématique (préconisés par l’avis n°1 du CHSCT ministériel du 3 avril 2020) pour évaluer correctement le risque infectieux et isoler les porteurs du virus ;
  • des masques de protection individuelle. Les masques de type FFP2 ou FFP3 sont les seuls masques reconnus comme équipement de protection individuelle selon le droit du travail. Le protocole ne prévoit que des masques “grand public” de catégorie 1 qui ne protègent pas son porteur contre le risque infectieux. Ceux-ci sont le plus souvent en tissu et donc lavables, ce qui accroît le risque de contamination pour les personnels qui doivent les ramener et les manipuler chez eux ;
  • un suivi médical pour chaque agent·e et pas uniquement pour les personnes “vulnérables” ou présentant les symptômes de contamination ;
  • une désinfection complète des locaux plusieurs fois par jour ;
  • une politique de sédentarisation (affectation dans un seul établissement) des personnels travaillant sur plusieurs établissements pour limiter les risques de contamination ;
  • un seuil de contamination qui justifierait la fermeture de l’établissement.

L’employeur est-il obligé d’appliquer à la lettre le protocole ?

Aucun protocole local ne doit s’écarter du protocole ministériel (premier ou second degré). Rien n’empêche toutefois votre chef de service, IEN ou chef d’établissement de prendre des mesures plus “ambitieuses” en matière sanitaire et sécuritaire.

Que dois-je faire s’il y a manquement au protocole ?

S’il y a manquement de la part d’un élève, le protocole de l’établissement doit prévoir des dispositions particulières à prendre en fonction de l’âge de l’élève, de la “gravité” et de la fréquence des actes.

S’il y a manquement de l’autorité administrative, vous devez le signaler immédiatement par écrit sur le RSST et contacter le CHSCT. (…)

Vous devez au maximum éviter de vous retrouver en situation de déroger vous-mêmes au protocole, y compris pour des raisons que vous estimez justifiées. Par exemple la distribution de photocopies (non mises en “quarantaine”) aux élèves sera interdite par le protocole, malgré d’évidentes motivations pédagogiques. Le non-respect intentionnel du protocole pourra vous être reproché.

Puis-je être inquiété·e juridiquement en cas de contamination d’autrui ?

(…)

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