Section 2: Withdrawal of assignment to certain works

For the application of article L. 4733-3, the labour inspection officer referred to in article L. 8112-1 will note the elements characterising the situation of serious and imminent danger which motivate his decision to withdraw. This decision, specifying these elements, is immediately applicable. It shall be in writing.

When the employer, the head of establishment or their representative is present, the decision shall be delivered to him in person against receipt. Failing this, it shall be sent as a matter of urgency to the employer or the head of the establishment by any appropriate means and confirmed at the latest within one clear day by any means giving a date certain of its receipt.

When the decision has been given directly to the employer’s representative or to the representative of the head of the establishment, a copy is sent to the employer or to the head of the establishment by any means giving a certain date of receipt within the time limit mentioned in the second paragraph of article R. 4733-6.

The employer or the head of the establishment shall inform the Labour Inspectorate monitoring officer referred to in Article L. 8112-1 of the measures taken to put an end to the situation of serious and imminent danger, by any means giving a date certain to the receipt of this information.

The labour inspector referred to in article L. 8112-1 will check, as a matter of urgency, and at the latest within two working days of the date of submission or receipt of the information sent by the employer or the head of the establishment, or their representative, that the measures taken to put an end to the situation of serious and imminent danger and allow the young person to resume…

The decision to authorise or refuse the resumption of the regulated work concerned is notified in the form and within the time limits mentioned in articles R. 4733-6 and R. 4733-7.