The provisions of this Title do not apply to agricultural businesses and establishments, whose occupational health and prevention services are governed by Book VII of the Rural and Maritime Fishing Code.
The occupational health and prevention service is organised in the form of: 1° Either an autonomous service, which may be a group service within the meaning of article L. 2331-1, a company service, an inter-establishment service, an establishment service or a service common to companies constituting an economic and social unit; 2° Or an inter-company occupational health and prevention service.
When, in order to organise the occupational health and safety service, the company has the choice between the two forms of service provided for in article D. 4622-1, this choice is made by the employer. The Social and Economic Committee, consulted beforehand, may object to this decision. Reasons must be given for objecting.
If the Social and Economic Committee opposes the employer’s decision, the employer will refer the matter to the Regional Director of Companies, Competition, Consumption, Labour and Employment, who will decide on the form of the service, after consulting the occupational health inspector.
The employer’s choice of the form of service is deemed to have been approved by the Regional Director of Companies, Competition, Consumption, Labour and Employment if he has not been notified of any objections within one month of receiving the referral.
A group, company or establishment occupational health and prevention service may be set up when the number of employees monitored is 500 or more. The group occupational health and prevention service is set up by agreement between all or some of the companies in the group.
The company or establishment occupational health and prevention service is administered by the employer under the supervision of the social and economic committee. The committee is consulted on matters relating to the organisation and operation of the occupational health and safety service.
The Social and Economic Committee is informed of observations made and formal notices served by the Labour Inspectorate in the field of occupational health, as well as technical observations made by the Labour Medical Inspectorate.
Specific procedures for managing the occupational health and prevention service may be established by group or company agreement or, failing that, by agreement between the employer and the social and economic committee. In the case of a group prevention and occupational health service, the agreement sets out the conditions under which the supervision and consultation provided for in article D. 4622-6 are carried out.
An inter-establishment occupational health and prevention service may be set up between several establishments of an undertaking where the number of employees monitored is 500 or more. The creation of this service is subject to the provisions of section 1 as well as to the approval conditions set out in sub-section 1 of section 4.
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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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