Prevention of the occupational risks provided for in 1°, 1° bis, 2°, 4° and 5° of Article L. 4622-2 to which the employees of an external company are exposed is provided jointly within the framework of the agreement provided for in Article L. 4622-5-1, provided that the work carried out within the company is of a permanent nature or that the following two cumulative conditions are met:
1° The work to be carried out by the external companies, including any subcontracting companies they may call upon, represents a total number of foreseeable working hours equal to at least 400 hours over a period of less than or equal to twelve months. The same applies if, during the course of the work, it becomes apparent that the number of working hours must reach 400 hours;
2° The work exposes the worker to particular risks to his health or safety or to that of his colleagues or third parties in the immediate working environment, as defined in Article R. 4624-23, or is carried out under the night work conditions provided for in Article L. 3122-5.