Chapter VII: Derogations

In exceptional cases where, due to the nature of the work and in the absence of any technical alternative, the permanent use of individual hearing protectors is likely to result in a greater health or safety risk than not using them, the Labour Inspector may grant exemptions from the provisions of article R. 4432-3 and 1° and 2° of article R. 4434-7.

The employer shall specify the circumstances justifying the derogation in the request for derogation submitted to the Labour Inspector, and shall forward it together with the opinion of the Social and Economic Committee and that of the occupational physician.

The derogation granted by the Labour Inspector is subject to conditions ensuring that, given the particular circumstances, the resulting risks are reduced to a minimum. The workers concerned will undergo periodic audiometric checks.

The derogation granted by the labour inspector is for a period of one year, renewable. It is withdrawn as soon as the circumstances that justified it no longer exist.