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Chapter I: Placing substances and mixtures on the market

Article L4411-1 of the French Labour Code

In the interests of health and safety at work, the manufacture, offering for sale, sale, import, transfer for any purpose whatsoever and use of substances and mixtures dangerous to workers may be limited, regulated or prohibited. Such limitations, regulations or bans may be established even where the use of these substances and preparations is carried out by the employer himself or by self-employed workers.

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Article L4411-2 of the French Labour Code

Decrees in the Council of State, issued after consultation with the employers’ and employees’ professional organisations concerned, shall determine the measures for implementing this chapter and may, in particular, organise special procedures where there is an urgent need to suspend the marketing or use of dangerous substances and mixtures, and lay down the arrangements for compensating workers suffering from ailments caused by these products.

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Article L4411-3 of the French Labour Code

The manufacture, placing on the market and use of substances, on their own, in mixtures or in articles, and the placing on the market of mixtures are subject to the provisions of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and to the provisions of Regulation (EC) No 1272/2008 of the European…

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Article L4411-6 of the French Labour Code

Without prejudice to the application of legal provisions not covered by this Code, sellers or distributors of hazardous substances or mixtures, and employers who use them, shall label these substances or mixtures in accordance with the conditions set out in Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, and by regulation.

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Article L4411-7 of the French Labour Code

The purchaser of a dangerous substance or mixture which has been delivered under conditions contrary to the provisions of articles L. 4411-1 and L. 4411-3 may, even in the presence of a clause to the contrary, within a period of one year from the date of delivery, request that the sale be rescinded. The court which orders this rescission may award damages to the purchaser.

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