LexInter | May 11, 2004 | 0 Comments

LABOR CODE


(Regulatory Part – Decrees of the Council of State)

Sub-section 6: Particular prevention rules to be taken against the risks of exposure to carcinogenic, mutagenic or toxic agents for reproduction
Article R231-56

(Decree n ° 79-230 of March 20, 1979 Official Journal of March 22, 1979, date of entry into force on October 1)
(Decree nº 86-570 of March 14, 1986 art. 5 Official Journal of March 18, 1986)
(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. 2 Official Journal of February 3, 2001)
Without prejudice to the specific measures taken in application of Articles L. 231-2 and L. 231-7 for certain carcinogenic, mutagenic or toxic agents or processes for reproduction, the requirements of this subsection are applicable to activities in which the workers are exposed or likely to be exposed in the course of their work to mutagenic or toxic carcinogens for reproduction.
For the application of this sub-section, any substance or any preparation referred to in 1 of article R. 231-51 for which the labeling provided for by Article R. 231-51 is considered to be carcinogenic, mutagenic or toxic for reproduction. Article L. 231-6, includes a statement explicitly indicating its carcinogenic, mutagenic or toxic nature for reproduction as well as any substance, any preparation or any process defined as such by order of the ministers responsible for labor and agriculture.
For the application of this subsection, the limit of the time-weighted average of the concentration of a carcinogenic, mutagenic or toxic agent for reproduction is considered as the occupational exposure limit value, unless otherwise indicated. in the air of a worker’s breathing zone during a specified reference period.
The provisions of this subsection, with the exception of articles R. 231-56-1, I, paragraph 3, R. 231-56-3, III, b, g, h, R. 231-56- 4-1, R. 231-56-5, paragraphs 4 and 5, to R. 231-56-12, apply to self-employed workers and employers, when they work on site, under the conditions referred to in article L. 235-18.

Article R231-56-1

(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. 3 Official Journal of February 3, 2001)
(Decree n ° 2003-1254 of December 23, 2003 art. 2 I Official Journal of December 28, 2003)
   I. – The employer is required, for any activity likely to present a risk of exposure to carcinogenic, mutagenic or toxic agents for reproduction, to assess the nature, degree and duration of workers’ exposure in order to be able to assess any risk concerning their safety or health and define the preventive measures to be taken. A decree from the ministers responsible for labor and agriculture may specify the conditions for this assessment.
This assessment must be renewed regularly, in particular to take into account the development of knowledge on the products used and whenever there is any change in the conditions that may affect workers’ exposure to carcinogenic, mutagenic or toxic agents for reproduction.
A new activity involving carcinogenic, mutagenic or toxic agents for reproduction can only be undertaken after completion of the risk assessment and implementation of appropriate preventive measures.
The employer must make available to the members of the health, safety and working conditions committee or, failing that, the staff representatives, as well as the occupational doctor, the labor inspector and staff prevention services of social security bodies the elements used for this assessment. The results of the risk assessment are recorded in the single document provided for in article R. 230-1.
II. – When assessing the risk, all exposures likely to endanger the health or safety of employees must be taken into account, including percutaneous or transcutaneous absorption.

Article R231-56-2

(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. 4 I Official Journal of February 3, 2001)
(Decree n ° 2003-1254 of December 23, 2003 art. 2 II Official Journal of December 28, 2003)
 I. – The employer is required to reduce the use of a carcinogenic, mutagenic or toxic agent for reproduction in the workplace when it is likely to lead to exposure, in particular by replacing it, insofar as this is technically possible, by a substance, a preparation or a process which, under its conditions of use, is not or is less dangerous for the health or safety of workers.
II. – The employer records the results of his investigations in the single document provided for in article R. 230-1.

Article R231-56-3

(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. 4 Official Journal of February 3, 2001)
(Decree n ° 2003-1254 of December 23, 2003 art. 2 III Official Journal of December 28, 2003)
  I. – If the results of the assessment mentioned in I of article R. 231-56-1 reveal a risk concerning the safety or health of workers, the exposure of workers must be avoided.
II. – If the replacement of the carcinogenic, mutagenic or toxic agent for reproduction by a substance, a preparation or a process without danger or less dangerous for safety or health is not feasible, the employer shall take the necessary measures to that the production and use of the agent which is carcinogenic, mutagenic or toxic to reproduction takes place in a closed system.
If the application of a closed system is not feasible, the employer shall ensure that the level of
III. – In all cases of use of a carcinogenic, mutagenic or toxic agent for reproduction, the employer applies the following measures:
a) Limitation of the quantities of a carcinogenic, mutagenic or toxic agent for reproduction in the workplace ;
b) Limitation of the number of workers exposed or likely to be;
(c) Development of work processes and technical measures to prevent or minimize the release of carcinogenic, mutagenic or toxic agents for reproduction;
d) Disposal of carcinogenic, mutagenic or toxic agents for reproduction in accordance with the provisions of article R. 232-5-7;
e) Use of appropriate methods for measuring carcinogenic, mutagenic or toxic agents for reproduction, in particular for the early detection of abnormal exposures resulting from an unforeseeable event or an accident;

(f) Application of appropriate procedures and working methods;
g) Collective protective measures or, when exposure cannot be avoided by other means, individual protective measures;
h) Hygiene measures, in particular regular cleaning of floors, walls and other surfaces in accordance with the prescriptions of article R. 232-1-14;
i) Information of workers;
j) Delimitation of risk areas and use of adequate warning and safety signs, including “no smoking” signs in areas where workers are exposed or likely to be exposed to carcinogenic, mutagenic or toxic agents for reproduction;
k) Establishment of arrangements for emergencies likely to lead to abnormally high exposures, in particular during possible breaches of the containment of closed systems;
l) Use of means allowing the safe storage, handling and transport of carcinogenic, mutagenic or toxic products for reproduction, in particular by the use of airtight containers clearly, clearly and visibly labeled;
m) Safe collection, storage and disposal of waste.
IV. – When a carcinogenic, mutagenic or toxic agent for reproduction presents other dangers, the employer also implements the appropriate measures to eliminate or reduce the other risks resulting from the use of this product.

Article R231-56-4

(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. 5 Official Journal of February 3, 2001)
 If the results of the assessment provided for in I of article R. 231-56-1 reveal a risk to the health or safety of workers, the employer makes it available to the labor inspector and the agents of the prevention services of social security bodies, exposed workers, occupational physicians, the regional labor and workforce inspectorate and members of the health, safety and working conditions committee or, failing this, staff representatives provide appropriate information on:
a) The industrial activities or processes carried out, including the reasons for which carcinogenic, mutagenic or toxic agents for reproduction are used;
(b) The quantities manufactured or used of substances or preparations which contain mutagenic or toxic carcinogenic agents for reproduction;
c) The number of workers exposed;
d) The preventive measures taken;
e) The type of protective equipment to be used;
(f) The nature and degree of the exposure, in particular its duration;
g) Cases of substitution by another product.

Article R231-56-4-1

(Decree n ° 2001-97 of February 1, 2001 art. 6 Official Journal of February 3, 2001)
(Decree n ° 2001-532 of June 20, 2001 art. 65 Official Journal of June 22, 2001)
(Decree n ° 2003-1254 of December 23, 2003 art. 2 IV Official Journal of December 28, 2003)
I. – The technical inspections intended to verify compliance with the limit values ​​must be carried out at least once a year by a body approved by order of the ministers responsible for labor and agriculture under the conditions provided for in articles R. 231-55 and R. 231-55-1.
The silence kept for more than four months on a request for approval referred to in the preceding paragraph constitutes a decision of rejection.
Samples are taken from workstations in a significant situation of usual exposure. The sampling strategy is established by the employer, after consulting the approved body provided for above, the occupational physician, the health, safety and working conditions committee or, failing that, the staff representatives. .
The employer regularly measures the concentration of carcinogenic, mutagenic or toxic agents for reproduction.
II. – Exceeding the limit values ​​set by decree in application of 2 ° of article L. 231-2 and article L. 231-7 must immediately lead to a new check under the same conditions; if the overrun is confirmed, work must be stopped at the workstations concerned until the implementation of the appropriate measures to remedy the situation.
III. – Exceeding the indicative occupational exposure limit values ​​mentioned in III of article R. 232-5-5 is taken into account to assess the need to carry out a new exposure risk assessment.
IV. – Any modification of the installations or of the manufacturing conditions likely to have an effect on the emissions of carcinogenic, mutagenic or toxic agents for reproduction must be followed by a new control within fifteen days.
V. – The results of all these checks are communicated by the head of the establishment to the occupational physician and to the health, safety and working conditions committee or, failing that, to the staff representatives. They are made available to the labor inspector, the medical labor inspector as well as the preventive services of the social security bodies.

Article R231-56-5

(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. 7 Official Journal of February 3, 2001)
(Decree n ° 2003-1254 of December 23, 2003 art. 2 V Official Journal of December 28, 2003)
Workers must be informed by the employer of incidents or accidents likely to result in abnormal exposure.
Until normal conditions are restored and the causes of the abnormal exposure have not been eliminated, only workers essential for carrying out repairs and other necessary work are allowed to work in the affected area. incident or accident.
The employer also provides the workers concerned with protective clothing and personal respiratory protective equipment and must ensure that they are actually worn. In any event, the
Unprotected workers are not allowed to stay in the affected area.
In order to maintain or restore sanitary conditions in this area, the elimination of carcinogenic, mutagenic or toxic agents for reproduction must be carried out without creating new risks for the workers of the establishment or the environment of the same establishment. .

Article R231-56-6

(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. 8 Official Journal of February 3, 2001)
 I. – For certain activities such as maintenance, for which the possibility of a significant increase in exposure is foreseeable and for which all possibilities of taking other technical preventive measures have already been exhausted, the the head of the establishment determines, after consulting the occupational physician, the health, safety and working conditions committee or, failing that, the staff representatives, the measures necessary to reduce as much as possible the duration of exposure of workers and to ensure their protection during these activities.
The head of the establishment provides the workers concerned with protective clothing and personal respiratory protection equipment and ensures that they are actually worn for as long as the exposure persists; this cannot be permanent and is limited for each worker to what is strictly necessary.
II. – Appropriate measures are taken so that the areas where the activities referred to in I above take place are clearly delimited and marked and so that their access is prohibited to any unauthorized person.

Article R231-56-7

(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 Official Journal of February 3, 2001)

In view of the results of the assessment made in accordance with article R. 231-56-1, appropriate measures are taken by the employer so that areas where activities revealing a risk to safety or health take place do not may be accessible to workers other than those who, by reason of their work or function, are required to enter them.

Article R231-56-8

(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. 9 Official Journal of February 3, 2001)
   Without prejudice to the provisions of Articles R. 232-2 to R. 232-2-7, the head of the establishment is required, for all activities for which there is a risk of contamination by carcinogenic, mutagenic or toxic agents for the reproduction to take the following appropriate measures:
a) Ensure that workers do not eat, drink or smoke in the work areas concerned;
b) Provide protective clothing or any other suitable clothing, place them in a specific place, check and clean them, if possible before and, in any case, after each use and repair or replace them if they are defective in accordance with the provisions of article R. 233-42;
c) Ensure that workers do not leave the establishment with personal protective equipment or work clothes.
d) When the maintenance of this equipment is carried out outside the company, the head of the establishment responsible for transport and maintenance must be informed of the existence and nature of the contamination, in accordance with provisions of article R. 237-2.

Article R231-56-9

(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. 10 Official Journal of February 3, 2001)
  I. – Pursuant to Articles L. 231-3-1 and L. 231-3-2, the head of the establishment organizes, in conjunction with the health, safety and working conditions committee or, failing that , staff representatives and the occupational physician, safety training and information for workers likely to be exposed to the action of carcinogenic, mutagenic or toxic agents for reproduction, in particular with regard to potential risks for health, including the additional risks due to tobacco consumption, the precautions to be taken to prevent exposure, hygiene requirements, the wearing and use of protective equipment and clothing, measures to be taken by workers, in particular by response personnel, in the event ofincident and for the prevention of incidents.
Security and information training must be adapted to the evolution of risks and the emergence of new risks. They are repeated regularly. In any case, they must promote the application of prevention rules adapted to the development of knowledge and techniques.
This information for workers relates to the potentially harmful effects of exposure to these chemicals on fertility, on the embryo in particular during early pregnancy, on the fetus and on the child in the event of breastfeeding. It must make women aware of the need to declare their pregnancy as early as possible and inform them of the measures provided for in Articles L. 122-25-1 and R. 231-56-12.
II. – In addition, the head of the establishment is required to inform workers of the presence of carcinogenic, mutagenic or toxic agents for reproduction in the installations, and he must ensure that the ancillary receptacles containing such agents are clearly and legibly labeled. The danger is signaled by any appropriate means.

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 that 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)
(Decree n ° 2003-1254 of December 23, 2003 art. 2 VI Official Journal of December 28, 2003)
  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.
If, in the light of the medical examinations carried out, the occupational physician considers that a biological limit value set in application of Articles L. 231-2 and L. 231-7 is likely to be exceeded, having regard to the nature of the work entrusted to a worker, he informs the person concerned.
In the event of an overrun, the occupational physician, if he considers that this overrun is the result of occupational exposure, informs the employer, in a non-nominative form, so that the latter applies the provisions provided for in Articles R. 231- 56-1, R. 231-56-3, R. 231-56-4-1 and R. 231-56-8.
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 additional examinations.
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 worker’s request, 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 R231-56-12

(inserted by Decree n ° 2001-97 of February 1, 2001 art. 13 Official Journal of February 3, 2001)
  Pregnant and lactating women may not be assigned or kept in workstations exposing them to agents known to be toxic to reproduction.

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