Where the activity of the employer in question is carried out in a temporary workplace or in an establishment not belonging to his company, the Prefect of the département within whose jurisdiction the establishment in question is located, or, in Paris and on the premises of the Paris-Charles de Gaulle, Paris-Le Bourget and Paris-Orly airports, the Police Prefect, may impose the penalty provided for in article L. 8272-2 by deciding to close the employing establishment under the same conditions as in article R. 8272-8 or to halt the company’s activities on the site where the offence was committed.
In the case referred to in the fifth paragraph of Article L. 8272-2, the Prefect may decide to cease work on another site where the company operates. In this case, the Prefect will determine the duration of the closure or cessation of activity, taking into account the seriousness of the offence or breach observed and the number of employees working at this other site. If the other site at which the company is operating is located in a department other than that in which the infringement or breach was recorded, the prefect of that department will inform the prefect of the department in which the other site is located and provide him with the documents relating to the infringement or breach, so that he can decide, if necessary, whether to stop the company’s operations at the site located in his department.
When the site concerned is a building or public works site, the temporary shutdown decision is made after informing the project owner, or failing that, the person in charge of the site concerned by the shutdown. The latter shall take the necessary measures to prevent any risk to the health or safety of the workers on the site concerned, as well as to users or third parties, that may result from the temporary cessation of activity by the sanctioned company.
The Prefect’s decision is made public by posting notices at the worksite or site where the activity is to be halted.