Section 9: Special provisions applicable to magnetic resonance imaging equipment intended for patient care in the health sector or for research in this field, governing the exceeding of exposure limit values relating to effects on health

Without prejudice to the provisions laid down in sections 1 to 8 of this chapter, with the exception of Article R. 4453-16, the provisions of this section apply to the installation, testing, use, development and maintenance of magnetic resonance imaging equipment intended for patient care in the health sector or for research in this field when the preventive measures put in place by the employer under Article R. 4453-13 do…

The employer demonstrates that there is no possible alternative to exceeding the exposure limit values relating to health effects, taking into account work practices, and records the justification in the risk assessment document. The employer asks for the opinion of the occupational physician and the social and economic committee.

The employer shall define the appropriate protective measures and means to ensure that : 1° Workers are protected against harmful effects on health and risks to safety ; 2° The worker’s exposure is only temporary; 3° The worker is not subject to any medical contraindication; 4° Access to the workstation is subject to a personal authorisation issued by the employer, which is renewed if the work practice requires it.

The employer shall complete the system provided for in Article R. 4453-25 enabling workers to report the appearance of any other effect. After each report, the employer shall, if necessary, update the risk assessment provided for in article R. 4453-6 and adapt the preventive means and measures implemented under this section.

The employer shall apply to the Regional Director for Business, Competition, Consumption, Labour and Employment for authorisation to exceed the exposure limit values relating to health effects, under the conditions laid down in this section.

The application for authorisation must include : 1° The name and registered office of the company and the address of the establishment; 2° The name and address of the occupational health service to which it reports; 3° The name and position of the electromagnetic field risk prevention advisor appointed by the employer; 4° The result of the assessment of the risks of exposure to electromagnetic fields; 5° The circumstances justifying…

I. – The Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment, upon receipt of an application for authorisation, will take a decision within two months, following an investigation by the labour inspector mentioned in article L. 8112-1. II. – If the Regional Director for Business, Competition, Consumer Affairs, Labour and Employment remains silent for two months on the application for authorisation referred to in I, the application is…

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.