Section 2: Exemptions

The prohibitions laid down in Article D. 4154-1 do not apply when the work is carried out inside equipment that is hermetically sealed during normal operation.

The employer may be authorised, pursuant to the second paragraph of Article L. 4154-1, to employ employees holding a fixed-term employment contract or temporary employees to carry out the work mentioned in Article D. 4154-1. The application for authorisation is sent to the Regional Director of Business, Competition, Consumer Affairs, Labour and Employment by registered letter with acknowledgement of receipt. It shall be accompanied by the opinion of the social…

The Regional Director for Business, Competition, Consumer Affairs, Labour and Employment, on receipt of an application for authorisation, will take a decision within one month of the date of presentation of the registered letter, following an investigation by the Labour Inspector and an opinion from the Labour Inspector’s medical officer verifying that special preventive measures, in particular appropriate safety training, provide effective protection for workers against the risks arising from…

The authorisation of the Regional Director of Enterprise, Competition, Consumer Affairs, Labour and Employment is deemed to have been granted if no response has been notified to the employer within one month. The employer’s appeal against any decision to reject the application must be sent by registered letter with acknowledgement of receipt to the Regional Director of Enterprise, Competition, Consumer Affairs, Labour and Employment, who will give a ruling within…

The authorisation granted by the Regional Director of Business, Competition, Consumer Affairs, Labour and Employment may be withdrawn if the conditions that justified its issue are no longer met.