The formal notice specifies the infringements found and sets a deadline by which the infringements must have ceased. This deadline is set taking into account the circumstances. It is based on the minimum period stipulated in each case by the decrees issued in application of articles L. 4111-6 and L. 4321-4. It may not be less than four days.
The provisions of article L. 4721-4 do not apply to the establishments mentioned in 2° and 3° of article L. 4111-1.
When the Labour Inspectorate monitoring officer referred to in Article L. 8112-1 finds that the worker is exposed to a chemical agent which is carcinogenic, mutagenic or toxic for reproduction, and that he is in a proven dangerous situation resulting from one of the offences referred to in this Article, he shall give formal notice to the employer to remedy the situation. If this formal notice is unsuccessful, it will…
The labour inspector referred to in Article L. 8112-1 may, under conditions determined by decree of the Conseil d’Etat, ask the employer to have technical inspections carried out, consisting in particular of: 1° Ensuring that its installations and equipment comply with the provisions applicable to it; 2° Measuring the exposure of workers to physical nuisances or to physical, chemical or biological agents that give rise to exposure limits; 3° To…
The checks, measurements and analyses provided for in Article L. 4722-1 are carried out by bodies or persons designated under conditions laid down by decree in the Conseil d’Etat.
If it intends to contest the formal notice provided for in Article L. 4721-1, the employer shall lodge an appeal with the Minister responsible for labour. If the employer wishes to contest the formal notice provided for in Articles L. 4721-4 or L. 4721-8 or the request for verification, measurement and analysis provided for in Article L. 4722-1, he may appeal to the Regional Director for Business, Competition, Consumer Affairs,…
The Labour Inspectorate monitoring officer referred to in Article L. 8112-1 may take any appropriate measures to immediately remove a worker who has not withdrawn from a situation of serious and imminent danger to his life or health, constituting a breach of the obligations of the decrees issued pursuant to Articles L. 4111-6, L. 4311-7 or L. 4321-4, in particular by ordering the temporary stoppage of the part of the…
If, at the end of the period set in a formal notice served in application of article L. 4721-8, the dangerous situation persists, the labour inspection officer referred to in article L. 8112-1 may order the temporary stoppage of the activity concerned.
When all measures have been taken to put an end to the situation of serious and imminent danger or the dangerous situation that gave rise to a temporary halt to the work or activity, the employer shall inform the Labour Inspectorate monitoring officer referred to in Article L. 8112-1. After verification, the inspecting officer authorises the resumption of the work or activity concerned.
If the employer contests the reality of the danger or the way to put an end to it, in particular when implementing the procedure for stopping work or activity, the employer refers the matter to the administrative judge for summary proceedings.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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