I.-The fund mentioned in article R. 4162-4 informs the regional director of companies, competition, consumption, labour and employment when a company covered by the obligation mentioned in I of article L. 4162-1 is not covered by a company or group agreement or, failing this, by an action plan meeting the conditions defined by article L. 4162-3.
II – When the Labour Inspectorate monitoring officer observes a breach of the obligation referred to in articles L. 4162-1 and L. 4162-2 or is informed of such a breach in accordance with the procedures set out in I, he shall give formal notice to the employer, by registered letter with acknowledgement of receipt, to remedy the situation within a period of six months.
The employer shall notify the Labour Inspectorate, by registered letter with acknowledgement of receipt, of the agreement reached, the action plan drawn up or the changes made to these documents within the time limit set. If this is not done, the inspector will justify the reasons why the company has failed to meet this obligation, as well as the efforts made to prevent the effects of exposure to the occupational risk factors mentioned in article L. 4161-1.
At his request, he may be heard.