obligations of the employer
LexInter | February 17, 2008 | 0 Comments

Obligations of the employer

Article L4121-1

   The employer takes the necessary measures to ensure the safety and protect the physical and mental health of workers.
These measures include:
1 ° Actions to prevent occupational risks;
2 ° Information and training actions;
3 ° The establishment of an organization and appropriate means.
The employer sees to the adaptation of these measures to take account of the change in circumstances and tend to improve existing situations.

II of article L 230-2

Article L4121-2

   The employer implements the measures provided for in article L. 4121-1 on the basis of the following general prevention principles:
1 ° Avoiding risks;
2º Evaluate the risks that cannot be avoided;
3 ° To combat the risks at the source;
4 ° Adapt work to humans, in particular with regard to the design of workstations as well as the choice of work equipment and work and production methods, in particular with a view to limiting monotonous work and rhythmic work and reduce their effects on health;
5 ° Take into account the state of the art;
6 ° Replace what is dangerous by what is not dangerous or by what is less dangerous;
7 ° Plan prevention by integrating, in a coherent whole, the technique, the organization of work, the working conditions, the social relations and the influence of the ambient factors, in particular the risks linked to moral harassment, such as is defined in article L. 1152-1;
8 ° Take collective protection measures by giving them priority over individual protection measures;
9 ° To give the appropriate instructions to the workers.

III paragraph 2 of article L 230-2

Article L4121-3

   The employer, taking into account the nature of the establishment’s activities, assesses the risks to the health and safety of workers, including in the choice of manufacturing processes, work equipment, chemical substances or preparations, in the development or reorganization of workplaces or installations and in the definition of workstations.
Following this assessment, the employer implements preventive actions as well as work and production methods guaranteeing a better level of protection of the health and safety of workers. He integrates these actions and methods into all of the establishment’s activities and at all management levels.
(III paragraph 3 of article L 230-2

Article L4121-4

   When entrusting tasks to a worker, the employer, taking into account the nature of the establishment’s activities, takes into consideration the person’s capacity to implement the necessary health and safety precautions.

IV paragraph 1 of article L 230-2

Article L4121-5

   When workers from several companies are present in the same workplace, employers cooperate in the implementation of the provisions relating to health and safety at work.

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