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Section 3: Inter-company occupational health and prevention services.

Article D4622-14 of the French Labour Code

Undertakings and establishments which are not covered by an autonomous occupational health and prevention service pursuant to section 2 shall organise or join an inter-company occupational health and prevention service. However, a company or establishment, regardless of its workforce, may have its employees monitored by a company occupational health and prevention service in the following cases: 1° The company or establishment belongs to a group within the meaning of article…

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Article D4622-15 of the French Labour Code

The inter-company occupational health and prevention service is set up as a non-profit organisation, with legal personality and financial autonomy. Where it includes an occupational social service, this is run by an occupational social worker or an occupational adviser. An occupational social worker is a state-qualified social worker who has acquired a diploma equivalent to that of an occupational counsellor.

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Article D4622-16 of the French Labour Code

Where they have concluded a cooperation agreement for the implementation of prevention measures relating to the health and safety of their employees, establishments working on the same site and belonging to different companies may set up an occupational health and prevention service, notwithstanding the provisions of articles D. 4622-5, D. 4622-9 and D. 4622-12. The creation of this service is authorised by the regional director of companies, competition, consumption, work…

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Article R4622-18 of the French Labour Code

Fairground businesses are members of an inter-company occupational health and prevention service with territorial jurisdiction: 1° Either for the municipality in which the employer resides, or for the municipality in which the organisation to which the employer has elected domicile under the conditions set out in article L. 264-1 of the Code de l’Action Sociale et des Familles (Social Action and Family Code) is located; 2° Or for one of…

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Article D4622-19 of the French Labour Code

In the absence of specific statutory provisions for the inter-company occupational health and safety service, where candidates for the positions of Chairman, Vice-Chairman and Treasurer of the Board of Directors of this service obtain the same number of votes, the position is awarded to the eldest of the candidates. The term of office for members of the Board of Directors is four years. Minutes of each Board meeting are made…

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Article D4622-20 of the French Labour Code

The inter-company occupational health and prevention service must inform the regional director of companies, competition, consumption, work and employment, within three months, of any change in its administration or management and any amendment to its articles of association.

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Article D4622-21 of the French Labour Code

Unless otherwise advised by the regional director of companies, competition, consumption, labour and employment, an inter-company occupational health and prevention service may not oppose the membership of a company within its remit. An inter-company occupational health and prevention service may accept the membership of a company located in the region where it has approval provided that the following conditions are met: 1° The company’s membership does not call into question…

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Article D4622-22 of the French Labour Code

The reciprocal rights and obligations of the inter-company occupational health and prevention service and its members are set out in its articles of association or internal regulations. These statutes and regulations are communicated to the company, at the time of the application for membership, together with the scale of contributions of the inter-company occupational health and prevention service and a document detailing the individualised compensation for membership. The employer sends…

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Article D4622-23 of the French Labour Code

Termination of membership of an inter-company occupational health and safety service is decided by the employer, unless the social and economic committee, which has been consulted beforehand, objects. Reasons must be given for any opposition. In the event of opposition, the employer’s decision is subject to the authorisation of the regional director of companies, competition, consumption, labour and employment, who makes his decision after consulting the occupational health inspector. If…

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