Section 1: General provisions

The thresholds associated with the occupational risk factors mentioned in I of Article L. 4163-1 are set as follows: 1° For the aggressive physical environment: OCCUPATIONAL RISK FACTOR THRESHOLD Action or situation Minimum intensity Minimum duration a) Activities performed in a hyperbaric environment as defined in Article R. 4461-1 Interventions or work 1,200 hectopascals 60 interventions or work per year b) Extreme temperatures Temperature less than or equal to 5…

The employer declares the exposure of workers to one or more of the occupational risk factors mentioned in article L. 4163-1, in accordance with the risk assessment provided for in article L. 4121-3, with regard to the usual working conditions characterising the position occupied, assessed as an average over the year, in particular on the basis of the collective data mentioned in 1° of article R. 4121-1-1. In order to…

For the workers mentioned in 2° of V of article L. 4163-1, who are not likely to acquire rights under the professional prevention account under the conditions laid down in articles L. 4163-4 et seq. and who are exposed to risk factors under the conditions laid down in I of article L. 4163-1, with the exception of workers subject to monitoring of the effects of exposure to certain occupational risk…

The exposure of workers with regard to the thresholds mentioned in Article D. 4163-2 is assessed after the application of collective and individual protection measures. When the minimum duration of exposure is calculated in terms of the number of hours per year, exceeding the threshold is assessed by adding together the durations during which each of the actions takes place or during which each of the situations is observed. When,…

The industry professional benchmark referred to in II of article L. 4163-2 is approved by a joint order of the ministers responsible for labour and social affairs after receiving the opinion of the Conseil d’orientation des conditions de travail. It may only be drawn up by a professional organisation which is representative in the branch concerned, within the limits of its field of activity. Only one reference framework may be…

The secondment contract referred to in article L. 1251-43 indicates, with regard to the specific characteristics of the position to be filled and for the application of article L. 4163-1, to which occupational risk factors the temporary employee is exposed, in view of the usual working conditions assessed on average over the year by the user undertaking, characterising the position occupied. If necessary, and at the initiative of the user…