Title VI: Provisions relating to the prevention of the effects of exposure to certain occupational risk factors and to the professional prevention account

The Commission may validly rule if one of the members mentioned in 1° of Article R. 4163-37 and one of the members mentioned in 2° of the same article are present. Opinions are adopted by majority vote. In the event of a tie, the Chairman shall have the casting vote.

The commission issues a reasoned opinion on the basis of a file comprising: 1° The employee’s claim and the employer’s rejection decision or, in the event of implicit rejection, the acknowledgement of receipt of the claim; 2° Information held by the management body or received from each of the parties; 3° Information provided by the labour administration services and the funds referred to inarticle L. 723-2 of the Rural and…

The body may, if it considers it necessary, ask the employee and the employer to provide it with any document that may be useful in investigating the case. It may also collect any relevant information from the employee or employer or carry out or arrange for an on-site check to verify the extent of the employee’s exposure.

After receiving the reasoned opinion of the committee referred to in Article R. 4163-37, the director of the local managing body notifies the employee and the employer of his decision, indicating the appeal procedures and deadlines, by any means that can be used to certify the date of receipt. It may impose the penalty referred to in article R. 4163-33 as part of its decision. The notification sent to the…

The managing body at national level draws up guidelines to ensure the harmonisation of decisions made by managing bodies at local level.

The director of the managing body at national level may entrust one or more managing bodies at local level with the powers of inspection and complaint provided for in articles L. 4163-16 and L. 4163-18. The implementation procedures are set out in an agreement drawn up between the director of the managing body at national level and the directors of the managing bodies at local level.

The agents referred to in the second paragraph of article L. 4163-16 are sworn and approved under the conditions defined by order of the Minister for Social Security, Labour and Agriculture to carry out the inspections provided for in the same article and the tasks relating to the settlement of disputes between an employer and an employee provided for in article L. 4163-18. In the event of an infringement, they…

An appeal lodged with the specially designated court against a decision covered by the second paragraph of article L. 4163-18 is not subject to the ex gratia procedure provided for in articles R. 142-1 to R. 142-6 of the Social Security Code. The procedure referred to in the first paragraph of article L. 4163-18 of this code is a matter of public policy. If this procedure is not followed, the…

In the event of an appeal to the courts against a decision of the local managing body, the employer or the employee is called to the case when the appeal is lodged by the employee or the employer respectively. In both cases, the employee may be assisted or represented by the persons listed inarticle L. 144-3 of the Social Security Code.