Section 1: Actions in the workplace.

Actions in the workplace are part of the mission of the occupational health and prevention services defined in article L. 4622-2. They include in particular 1° Visiting workplaces ; 2° Studying workstations with a view to improving working conditions, adapting them in certain situations or maintaining employment; 3° Identification and analysis of occupational risks; 4° Drawing up and updating company records; 5° Providing advice on the organisation of rescue and…

Actions in the workplace are carried out : 1° In companies with an independent occupational health and prevention service, by the occupational physician, in collaboration with the services responsible for employee protection and occupational risk prevention activities in the company; 2° In undertakings belonging to an inter-company occupational health and prevention service, by the multidisciplinary occupational health team, under the leadership of the occupational physician and within the framework of…

The health professionals on the multidisciplinary team have free access to the workplace, under the authority of the occupational physician. They carry out visits either on their own initiative or at the request of the employer or the social and economic committee.

The employer or the president of the inter-company service shall take all measures to enable the occupational health physician to devote one third of his working time to his duties in the workplace, within the framework of the actions mentioned in article R. 4624-1. This time includes at least one hundred and fifty half-days of actual work each year, for a full-time doctor. For a part-time doctor, this obligation is…

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.