risk assessment
LexInter | June 4, 2003 | 0 Comments

RISK ASSESSMENT

Article R230-1

(inserted by Decree n ° 2001-1016 of November 5, 2001 art. 1 Official Journal of November 7, 2001)
   The employer transcribes and updates in a single document the results of the assessment of the risks to the health and safety of workers which he must carry out in application of paragraph III (a) of article L. 230-2 . This assessment includes an inventory of the risks identified in each work unit of the company or establishment.
The update is carried out at least every year as well as during any major planning decision modifying the health and safety conditions or the working conditions, within the meaning of the seventh paragraph of article L. 236-2, or when additional information regarding the assessment of a risk in a work unit is gathered.
In the establishments referred to in the first paragraph of Article L. 236-1, this transcription of the results of the risk assessment is used for the preparation of the documents mentioned in the first paragraph of Article L. 236-4.
The document mentioned in the first paragraph of this article is made available to the members of the health, safety and working conditions committee or to the bodies which take their place, to staff representatives or, failing that, to persons subject to a risk to their safety or health, as well as to the occupational physician.
It is also made available, at their request, to the labor inspector or controller or to agents of the prevention services of social security bodies and bodies mentioned in 4 ° of the

Article R231-54-1

(Decree nº 86-570 of March 14, 1986 art. 4 Official Journal of March 18, 1986)
(Decree nº 92-1261 of December 3, 1992 art. 5 Official Journal of December 5, 1992 in force on January 1, 1993)
   For any activity likely to present a risk of exposure to dangerous substances or chemical preparations within the meaning of article R. 231-51, the head of the establishment must proceed, in accordance with the provisions of III of article L 230-2 of this code, to the assessment of the risks incurred for the health and safety of workers. This assessment is renewed periodically and on the occasion of any change in conditions that may affect health and safety; it must relate to collective and individual exposure levels and indicate the methods envisaged to reduce them.

Article R231-56-10

(Decree nº 92-1261 of December 3, 1992 art. 7 Official Journal of December 5, 1992 in force on January 1, 1993)
(Decree n ° 2001-97 of February 1, 2001 art. 1 art. 11 Official Journal of February 3, 2001)
   I. – The workers and members of the health, safety and working conditions committee or, failing this, the staff representatives must be able to verify that the provisions of this sub-section are applied, in particular as regards, on the one hand, the consequences on safety and health of the choice and use of protective clothing and equipment and, on the other hand, the measures mentioned in the first paragraph of I of article R. 231- 56-6.
II. – Workers and members of the health, safety and working conditions committee or, failing that, staff representatives, as well as the occupational physician, are informed as quickly as possible of abnormal exposures, including those which are mentioned in Article R. 231-56-6, their causes and the measures taken or to be taken to remedy them.
III. – The employer keeps an updated list of workers employed in activities for which the risk assessment provided for in I of article R. 231-56-1 reveals a risk concerning safety or health, specifying the nature the exposure and its duration, as well as its degree as known from the results of the checks carried out.
The employer establishes an exposure sheet for each of these workers comprising the following information:
a) The nature of the work performed, the characteristics of the products, the periods of exposure and the other risks or nuisances of chemical, physical or biological workstation;
b) The dates and results of controls of individual exposure at the workstation as well as the duration and extent of accidental exposures.
IV. – Each worker concerned is informed of the existence of the exposure sheet and has access to information concerning him. The duplicate of this sheet is sent to the occupational physician.
V. – Without prejudice to the measures taken in application of article L. 236-3, the information mentioned in this article is listed by workstation and made available to the members of the health, safety and working conditions committee. work or, failing that, staff representatives.

Article R231-56-11

(Decree nº 92-1261 of December 3, 1992 art. 7 Official Journal of December 5, 1992 in force on January 1, 1993)
(Decree n ° 2001-97 of February 1, 2001 art. 1 art. 12 Official Journal of February 3, 2001)
   I. – a) A worker may only be assigned to work exposing him to a carcinogenic, mutagenic or toxic agent for reproduction if he has been the subject of a prior examination by the occupational physician and if the aptitude sheet, established in application of article R. 241-57 of this code or of I of article 40 of decree n ° 82-397 of 11 May 1982 relating to the organization and functioning of the medical services of the work in agriculture, in the case of an agricultural employee, certifies that he does not present any medical contraindication to this work.
This sheet indicates the date of the workstation study and the date of the last update of the company sheet.
The medical examination carried out in application of the provisions of the preceding paragraph includes a general clinical examination and, depending on the nature of the exposure, one or more additional specialized examinations which the occupational physician performs or has performed. These examinations are the responsibility of the employer.
This aptitude sheet is renewed at least once a year, after examination by the occupational physician.
Each worker is informed by the occupational physician of the results and interpretation of the medical and additional examinations from which he has benefited.
The worker or the employer can challenge the information entered on the aptitude sheet, within fifteen days of its issue, with the labor inspector. The latter decides after the assent of the regional labor and manpower inspector, who may have additional examinations carried out, at the employer’s expense, by specialists of his choice.
The technical instructions specifying the procedures for examinations by occupational physicians ensuring the medical surveillance of workers exposed to carcinogenic, mutagenic or toxic agents for reproduction are defined, as necessary, by order of the ministers responsible for labor and Agriculture.
b) Apart from periodic inspections, the employer is required to have the occupational physician examined any worker who claims to be inconvenienced by the work he is performing. This examination can be carried out on the initiative of the worker.
c) The occupational physician is informed by the employer of absences due to illness lasting more than ten days for workers exposed to carcinogenic, mutagenic or toxic agents for reproduction.
   II. – a) If a worker suffers either from an occupational disease or from an anomaly likely to result from exposure to carcinogenic or mutagenic agents, all personnel who have undergone comparable exposure at the same workplace do ‘subject to a medical examination, possibly accompanied by
b) If a worker presents a disease or an anomaly likely to result from exposure to agents toxic to reproduction, the occupational physician assesses which examinations to carry out for personnel who have undergone comparable exposure.
In all these cases, in accordance with the provisions of article R. 231-56-1 above, in order to ensure better protection of the health and safety of workers, a new risk assessment is carried out.

III. – The occupational physician draws up and keeps, for each of the exposed workers, an individual file containing:
1 ° The duplicate of the exposure sheet provided for in III of article R. 231-56-10;
2 ° The dates and results of the additional medical examinations carried out.

IV. – This file must be kept for at least fifty years after the end of the exhibition period.
This file is communicated, at his request, to the regional inspector of labor and manpower and can be sent, with the agreement of the worker, to the doctor chosen by the latter.
If the establishment disappears or if the worker changes establishment, the entire file is sent to the regional labor and manpower inspector, who is responsible for sending it to at the request of the worker, to the now competent occupational doctor.

V. – A certificate of exposure to carcinogenic, mutagenic or toxic agents for reproduction is completed by the employer and the occupational physician under the conditions set by joint decree of the ministers responsible for labor and agriculture. It is given to the worker when he leaves the establishment, whatever the reason.

Article R231-62

(Decree n ° 79-230 of March 20, 1979 Official Journal of March 22, 1979, date of entry into force on October 1)
(inserted by Decree nº 94-352 of May 4, 1994 art. 1 II Official Journal of May 6, 1994)
   1. In order to carry out the risk assessment and take the resulting prevention and protection measures in accordance with Article L. 230-2 of this code, the head of the establishment must determine the nature and duration and the conditions of worker exposure for any activity likely to present a risk of exposure to biological agents.
For activities involving exposure to biological agents belonging to several groups, the risks are assessed taking into account the danger presented by all the biological agents present or likely to be present as a result of this activity;
2. The assessment is carried out on the basis of the classification provided for in article R. 231-61-1 and occupational diseases due to exposure to biological agents.
In addition, this assessment takes into account all the information available, in particular that relating to infections likely to be contracted as a result of professional activity by workers and that relating to the allergenic and toxic effects that may result from exposure to biological agents;
3. Particular attention must be paid to the dangers posed by pathogenic biological agents likely to be present in the body of patients or of deceased persons and in living or dead animals, in samples, samples and waste which come from it.
4. The employer must keep the information used for the assessment available to the labor inspector and the agents of the prevention service of the social security bodies.
 

Article R231-69

(Decree nº 92-958 of September 3, 1992 art. 1 Official Journal of September 9, 1992 in force on January 1, 1993)
(Decree nº 94-352 of May 4, 1994 art. 1 I Official Journal of May 6, 1994)
   The occupational physician advises the employer during the risk assessment and the organization of workstations.
The written report provided for in Article L. 236-4 includes an overview of the conditions for manual handling of loads.
A decree of the ministers responsible for labor and agriculture sets out the recommendations to be made to the occupational physician, in particular to enable him to exercise his role of adviser provided for in the first paragraph.
 

Article R232-12-26

(inserted by Decree n ° 2002-1553 of December 24, 2002 art. 2 Official Journal of December 29, 2002 in force on July 1, 2003)
   I. – To ensure compliance with the obligations defined in III of Article L. 230-2, the head of the establishment assesses the specific risks created or likely to be created by explosive atmospheres, taking into account the minus: (
a) The probability that explosive atmospheres can occur and persist;
(b) The likelihood that sources of ignition, including electrostatic discharges, can occur and become active and effective;
c) Facilities, substances used, processes and their possible interactions;
d) The extent of the foreseeable consequences of an explosion.
The explosion risks must be assessed globally and, where appropriate, their assessment is combined with the results of the assessment of other risks, identified in each work unit of the company or establishment, which have been transcribed. in the document provided for by article R. 230-1.
   II. – For the assessment of the explosion risks, account shall be taken of locations which are, or may be, connected by openings to locations where explosive atmospheres may occur.

Note: Decree 2002-1553 2002-12-24 art. 3: The provisions of this decree will come into force on July 1, 2003. However, they will not be applicable until July 1, 2006 at the latest to workplaces including locations where explosive atmospheres may occur and which have already been used before on June 30, 2003, the heads of establishments must nevertheless meet the requirements of Article R. 232-12-26 of the Labor Code before July 1, 2003.

 

Article R232-12-27

(inserted by Decree n ° 2002-1553 of December 24, 2002 art. 2 Official Journal of December 29, 2002 in force on July 1, 2003)
   When explosive atmospheres can form in quantities liable to present a risk to the health and safety of workers or other persons, the head of the establishment shall, in application of the general principles of prevention and risk assessment defined in Article L. 230-2 and the specific principles defined in Article R. 232-12-25, the measures necessary so that:
a) The working environment allows work to take place in complete safety;
(b) Adequate monitoring is ensured, in accordance with the risk assessment, using appropriate technical means;
c) Training of workers in explosion protection is provided;
d) Workers are equipped, as necessary, with suitable work clothes to prevent the risk of ignition.
   Note: Decree 2002-1553 2002-12-24 art. 3: The provisions of this decree will come into force on July 1, 2003. However, they will not be applicable until July 1, 2006 at the latest to workplaces including locations where explosive atmospheres may occur and which have already been used before on June 30, 2003, the heads of establishments must nevertheless meet the requirements of Article R. 232-12-26 of the Labor Code before July 1, 2003.

 

Article R232-12-29

(inserted by Decree n ° 2002-1553 of December 24, 2002 art. 2 Official Journal of December 29, 2002 in force on July 1, 2003)
   The head of the establishment establishes and updates a document called: “document relating to protection against explosions” which is incorporated into the document provided for by article R. 230-1.
This document must include the appropriate information relating to compliance with the obligations defined in Articles R. 232-12-25 and R. 232-12-26, and in particular that relating to:
a) The determination and assessment of the risks of explosion;
b) The nature of the adequate measures taken to ensure compliance with the objectives defined in this subsection;
c) The classification of locations in operated areas in accordance with article R. 232-12-28;
d) The locations to which the minimum requirements established by the order provided for in article R. 232-12-30 apply;
e) The modalities and rules according to which work places and equipment, including alarm devices, are designed, used and maintained to ensure safety;
f) Where applicable, the list of work to be carried out according to the written instructions of the head of the establishment or the execution of which is subject to the issuance of an authorization by the head of the establishment or by a person authorized by him ci for this purpose;
g) The nature of the measures taken to ensure that the use of work equipment is safe, in accordance with the provisions provided for in Chapter III of this Title.
In addition, when workers from several companies are present at the same workplace, the manager of the user company specifies in this document the aim, the measures and the methods of implementation of the general coordination of the preventive measures which is incumbent upon him in accordance with the provisions of article R. 237-2.
The document relating to explosion protection must be drawn up before the start of work and must be revised when significant modifications, extensions or transformations are made, in particular to the premises, work equipment or work organization.
   Note: Decree 2002-1553 2002-12-24 art. 3: The provisions of this decree will come into force on July 1, 2003. However, they will not be applicable until July 1, 2006 at the latest to workplaces including locations where explosive atmospheres may occur and which have already been used before on June 30, 2003, the heads of establishments must nevertheless meet the requirements of Article R. 232-12-26 of the Labor Code before July 1, 2003.

 

Article R263-1-1

(inserted by Decree n ° 2001-1016 of November 5, 2001 art. 2 Official Journal of November 7, 2001 in force on November 7, 2002)
   Failure to transcribe or update the results of the risk assessment, under the conditions provided for in article R. 230-1, is punishable by the fine prescribed for 5th grade contraventions. classroom.
The recidivism of the offense defined in the first paragraph is punished under the conditions provided for in article 131-13 of the penal code.

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