Book III: Work equipment and means of protection

Work equipment intended to be exhibited, offered for sale, sold, imported, hired out, made available or transferred for any purpose whatsoever is designed and constructed so that its installation, use, adjustment and maintenance, under conditions consistent with its intended purpose, do not expose people to a risk of harm to their health or safety and, where appropriate, ensure the protection of domestic animals, property and the environment. The means of…

Work equipment includes machines, appliances, tools, gear, materials and installations. Protective equipment includes guards and protective devices, personal protective equipment and products.

It is prohibited to exhibit, offer for sale, sell, import, hire out, make available or transfer for any purpose whatsoever work equipment and means of protection which do not comply with the technical rules set out in Chapter II and the certification procedures set out in Chapter III.

By way of derogation from the provisions of article L. 4311-3, new work equipment or means of protection which do not comply with the provisions of article L. 4311-1 may be exhibited and imported for display at authorised trade fairs and shows for a specific period. In this case, a warning, the characteristics of which are determined by joint order of the Minister for Labour and the Minister for Agriculture,…

The purchaser or hirer of work equipment or a means of protection which has been delivered under conditions contrary to the provisions of articles L. 4311-1 and L. 4311-3 may, notwithstanding any clause to the contrary, request that the sale or lease be rescinded within a period of one year from the date of delivery. The court which pronounces this rescission may award damages to the purchaser or lessee.

In addition to the labour inspectors mentioned in Article L. 8112-1, customs officers, competition, consumer affairs and fraud control officers, mining engineers and industrial and mining engineers are responsible for investigating and recording breaches and infringements of the provisions of this Title and the texts adopted for its application, the provisions of Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective…