For each worker exposed to chemical agents hazardous to health, the occupational health physician shall set up and keep an individual file containing : 1° Where applicable, the information communicated by the employer to the occupational physician in application of the third paragraph of article D. 4161-1; 2° The dates and results of any additional medical examinations carried out.
The medical file is kept for at least fifty years after the end of the period of exposure, under the conditions provided for in article L. 4624-8 of this code or article R. 717-27 of the rural and maritime fishing code.
Upon request, the medical file is sent to the company’s medical inspector and may be sent, with the employee’s consent, to a doctor of his choice.
If the establishment or occupational health service to which the worker is attached disappears or if the worker moves to another establishment, the entire medical file is sent to the occupational health inspector, who is responsible for sending it, at the worker’s request, to the occupational health physician now responsible.
The provisions of this section apply to activities in which workers are exposed or are likely to be exposed in the course of their work to carcinogenic, mutagenic or reprotoxic chemical agents. They do not preclude special measures taken by decree for certain carcinogenic, mutagenic or reprotoxic agents or processes. The activities mentioned in the first paragraph are not subject to the provisions of section 1 with the exception of…
Carcinogenic, mutagenic or toxic for reproduction means the following substances or mixtures: 1° Any substance or mixture which meets the criteria for classification in category 1A or 1B of substances or mixtures which are carcinogenic, mutagenic or toxic to reproduction as defined in Annex I to Regulation (EC) No 1272/2008 ; 2° Any substance, mixture or process defined as such by joint order of the ministers for labour and agriculture.
For any activity likely to present a risk of exposure to carcinogens, mutagens or agents toxic to reproduction, the employer assesses the nature, degree and duration of exposure of workers in order to be able to assess the risks to their health or safety and to define the preventive measures to be taken. A joint order by the Ministers of Labour and Agriculture may specify the conditions for this assessment.
The assessment of the risks of exposure to carcinogens, mutagens or agents toxic to reproduction is renewed on a regular basis, in particular to take account of changes in knowledge about the products used and any changes in conditions that may affect worker exposure.
Any new activity involving carcinogens, mutagens or agents toxic to reproduction may only be undertaken after a risk assessment has been carried out and appropriate preventive measures implemented.
The employer shall make available to the members of the social and economic committee, as well as to the occupational physician, the labour inspectorate and the agents of the prevention services of the social security bodies, the information used to assess the risks. The results of this assessment are recorded in the single risk assessment document.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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