Title III: Emergency measures and procedures

For the application of Article L. 4731-1, the Labour Inspectorate monitoring officer referred to in Article L. 8112-1 shall identify the elements characterising the situation of serious and imminent danger and specify the measures he is taking to remedy the situation. His decision, which applies immediately, is recorded in writing.

When the employer or his representative is present, the decision shall be handed to him directly against receipt. Failing this, it shall be sent to the employer as a matter of urgency by any appropriate means and confirmed at the latest within one clear day by registered letter with acknowledgement of receipt. However, this decision, or a copy of it if it has already been sent to the employer in…

When the decision has been given directly to the employer’s representative, a copy is sent to the latter by registered letter with acknowledgement of receipt within the period mentioned in the second paragraph of article R. 4731-2.

The employer shall inform the labour inspector referred to in article L. 8112-1 of the measures taken to put an end to the situation of serious and imminent danger, by any means giving a date certain of receipt of this information.

The labour inspector referred to in article L. 8112-1 will check, as a matter of urgency and at the latest within two working days from the date of delivery or receipt of the letter from the employer or his representative, the appropriateness of the measures taken to put an end to the cause of the serious and imminent danger.

The decision to authorise or refuse authorisation to resume work on the grounds that the measures taken to put an end to the cause of serious and imminent danger are inadequate or insufficient shall be notified in the form and within the time limits defined in articles R. 4731-2 and R. 4731-3.