At the end of the period set by the formal notice, the Regional Director of Companies, Competition, Consumption, Labour and Employment decides whether to apply the penalty referred to in article L. 4162-4. It sets the rate in the light of the company’s situation, the information sent by the fund mentioned in article R. 4162-4 and, if the company has fewer than three hundred employees, the progress of collective bargaining on the effects of exposure to the occupational risk factors mentioned in article L. 4161-1 in the branch, as well as the following criteria:
1° The steps taken to conclude an agreement or draw up an action plan relating to the prevention of the effects of exposure to the occupational risk factors mentioned in article L. 4161-1;
2° The measures taken in the company to prevent the effects of exposure to the occupational risk factors mentioned in article L. 4161-1.