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Article L4154-1 of the French Labour Code

It is forbidden to use an employee holding a fixed-term employment contract or a temporary employee to carry out particularly dangerous work included on a list drawn up by regulation. This list includes, in particular, some of the work that is subject to enhanced medical supervision within the meaning of the regulations relating to occupational medicine. The administrative authority may exceptionally authorise a derogation from this prohibition under conditions determined…

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Article L4154-2 of the French Labour Code

Employees with fixed-term employment contracts, temporary employees and company trainees assigned to workstations presenting particular risks to their health or safety receive enhanced safety training as well as appropriate induction and information in the company where they are employed. The list of such workstations is drawn up by the employer, after consulting the occupational physician and the social and economic committee, if any. It is made available to the labour…

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Article L4154-3 of the French Labour Code

The employer’s inexcusable fault provided for in article L. 452-1 of the Social Security Code is presumed to have been established in the case of employees with a fixed-term employment contract, temporary employees and company trainees who are victims of an accident at work or an occupational disease when assigned to workstations presenting particular risks to their health or safety and who have not received the enhanced safety training provided…

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Article L4154-4 of the French Labour Code

When temporary employees who already have the necessary qualifications are called in to carry out urgent work required for safety reasons, the head of the user company will provide them with all the necessary information on the specific features of the company and its environment that are likely to have an impact on their safety.

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Article L4161-1 of the French Labour Code

I.-Factors linked to … are occupational risk factors within the meaning of this Title: 1° Significant physical constraints: a) Manual handling of loads; b) Awkward postures defined as forced joint positions; c) Mechanical vibrations; 2° An aggressive physical environment: a) Dangerous chemical agents, including dusts and fumes; b) Activities carried out in hyperbaric environments; c) Extreme temperatures; d) Noise; 3° Certain patterns of work: a) Night work under the conditions…

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Article L4162-1 of the French Labour Code

I.-Employers with at least fifty employees, including the companies and public establishments mentioned in articles L. 2211-1 and L. 2233-1 employing at least fifty employees, as well as companies belonging to a group within the meaning of article L. 2331-1 whose workforce includes at least fifty employees, begin negotiations on an agreement to prevent the effects of exposure to the occupational risk factors mentioned in article L. 4161-1: 1° Or…

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Article L4162-2 of the French Labour Code

If, at the end of the negotiations, no agreement is reached, a statement of disagreement is drawn up under the conditions defined in Article L. 2242-5. The employer mentioned in article L. 4162-1 is then required to draw up, at company or group level, an action plan relating to the prevention of the effects of exposure to the occupational risk factors mentioned in article L. 4161-1, after consulting the social…

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Article L4162-3 of the French Labour Code

The company or group agreement or, in the absence of an agreement, the action plan referred to in article L. 4162-2: 1° Includes a list of compulsory topics set by decree ; 2° Is concluded for a maximum period of three years; 3° Is filed with the competent administrative authority defined by decree, which informs the competent body of the occupational injury and disease branch.

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Article L4162-4 of the French Labour Code

I.- Failure to comply with the obligations set out in articles L. 4162-1 to L. 4162-3 will result in a penalty payable by the employer. II-The amount of this penalty, set by decree by the Conseil d’Etat, may not exceed 1% of the remuneration or earnings, within the meaning of the first paragraph of article L. 242-1 of the Social Security Code and the first paragraph of article L. 741-10…

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Article L4162-5 of the French Labour Code

When the holder of the personal account for the prevention of arduous working conditions decides to use all or part of the points registered in the account for the purposes mentioned in 1° of I of article L. 4162-4, these points are converted into euros to fund the personal training account provided for in article L. 6323-1.

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