Book VI: Prevention institutions and organisations

In order to avoid any deterioration in the health of workers as a result of their work, the occupational physician or, in inter-company occupational health and prevention services, the multidisciplinary team is informed of : 1° Of the nature and composition of the products used and their methods of use. In particular, the employer provides the occupational physician with the safety data sheets issued by the supplier of these products;…

The occupational health physician or, in inter-company occupational health and prevention services, the multidisciplinary team has access to all non-nominative documents made compulsory by this part. This right of access is exercised under conditions which guarantee the confidential nature of the data and the protection of the information referred to in article R. 4624-9.

The employer shall take into consideration the opinions submitted by the occupational physician on the application of the provisions relating to the employment of disabled workers. The employer shall inform the occupational physician of the reasons why the opinion should not be acted upon. In the event of difficulty or disagreement, the decision is taken by the Labour Inspector, after consulting the Labour Medical Inspector.

In the performance of his duties, the occupational physician may, at the employer’s expense, take samples or arrange for samples to be taken and measurements to be taken for analysis purposes. He may also arrange for any analyses or measurements he deems necessary to be carried out by an authorised body. In the event of disagreement between the employer and the occupational physician, the decision is taken by the labour…

The occupational health physician provides the employer with the reports and results of the studies carried out by the occupational health physician or, in inter-company occupational health and prevention services, the multidisciplinary team, as part of its action in the workplace. The employer brings these reports and results to the attention of the Social and Economic Committee. They are also made available to the occupational health inspector.

The occupational physician and, in inter-company occupational health and prevention services, the other members of the multi-disciplinary team, are prohibited from revealing manufacturing secrets and operating processes of which they may become aware in the course of their duties. Failure to comply with these prohibitions is punishable in accordance with article 226-13 of the French Criminal Code.