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LABOR CODE
LexInter | May 9, 2012 | 0 Comments

LABOR CODE

LABOR CODE
(Regulatory Part – Decrees of the Council of State)
Sub-section 2: Sanitary installations
Article R232-2

(Decree n ° 84-1093 of December 7, 1984 art. 2 Official Journal of December 8, 1984 in force on December 1, 1986)
(Decree nº 87-809 of October 1, 1987 art. 1 V Official Journal of October 3, 1987)
(Decree nº 87-809 of October 1, 1987 art. 1 I, art. 2 Official Journal of October 3, 1987)
(Decree nº 92-333 of March 31, 1992 art. 1 I II Official Journal of April 1, 1992)
(Decree nº 2002-1553 of December 24, 2002 art. 1 1º Official Journal of December 29, 2002 in force on July 1, 2003)
 Employers must provide workers with the means to ensure their individual cleanliness, in particular changing rooms, sinks, toilets and, where appropriate, showers.
* NOTE – Labor code R232-12-5: application condition.
Labor Code R232-13: application of the formal notice procedure provided for in article L231-4. * 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 R232-2-1

(Decree nº 87-809 of October 1, 1987 art. 2, art. 1 I Official Journal of October 3, 1987 in force on October 1, 1990)
(Decree nº 92-333 of March 31, 1992 art. 1 I II Official Journal of April 1, 1992)
(Decree nº 2002-1553 of December 24, 2002 art. 1 1º Official Journal of December 29, 2002 in force on July 1, 2003)

Collective changing rooms and sinks must be installed in a special room of suitable surface, isolated from work and storage rooms and placed near the passage of workers.
If the changing rooms and sinks are installed in separate rooms, it must be possible to communicate between them without passing through the work or storage rooms and without going outside.
The floor and walls of the rooms assigned to the changing rooms and sinks must allow efficient cleaning.
These rooms must be ventilated in accordance with the provisions of Articles R. 232-5 to R. 232-5-9 and be suitably heated.
They must be kept in a constant state of cleanliness.
In establishments with mixed staff, separate facilities should be provided for male and female workers.
* NOTE – Labor code R232-12: application condition.
Labor Code R232-13: application of the formal notice procedure provided for in article L231-4.
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 R232-2-2

(Decree nº 87-809 of October 1, 1987 art. 2, art 1 I Official Journal of October 3, 1987)
(Decree nº 92-333 of March 31, 1992 art. 1 I II Official Journal of April 1, 1992)
(Decree nº 2002-1553 of December 24, 2002 art. 1 1º Official Journal of December 29, 2002 in force on July 1, 2003)
Collective changing rooms must be provided with a sufficient number of seats and individual non-flammable cupboards.
These wardrobes must allow two city clothes to be hung.
When work clothes are liable to be soiled with dangerous, dirty or smelly materials, the cupboards must include a compartment reserved for these clothes.
Individual cabinets must have a lock or padlock.
* NOTE – Labor code R232-12-5: application condition.
Labor Code R232-13: application of the formal notice procedure provided for in article L231-4. * 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 R232-2-3

(Decree nº 87-809 of October 1, 1987 art. 2, art. 1 I Official Journal of October 3, 1987 in force on October 1, 1990)
(Decree nº 92-333 of March 31, 1992 art. 1 I II Official Journal of April 1, 1992)
(Decree nº 2002-1553 of December 24, 2002 art. 1 1º Official Journal of December 29, 2002 in force on July 1, 2003)
The sinks are for drinking water.
The water is at an adjustable temperature and is distributed at the rate of one sink for ten people at most.
Appropriate means of cleaning and drying or wiping are made available to workers; they are maintained or changed whenever necessary.
* NOTE – Labor code R232-12-5: application condition.
Labor Code R232-13: application of the formal notice procedure provided for in article L231-4.
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 R232-2-4

(Decree nº 87-809 of October 1, 1987 art. 2, art. 1 I Official Journal of October 3, 1987)
(Decree nº 92-333 of March 31, 1992 art. 1 I II Official Journal of April 1, 1992)
(Decree no. 2002-1553 of 24 December 2002 art. 1 1º Official Journal of 29 December 2002 in force on 1 July 2003)
In establishments where certain unhealthy and dirty work is carried out and the list of which is fixed by decrees of the ministers responsible for labor or agriculture, and, as necessary, of the minister responsible for health, after consulting the Council higher of the prevention of occupational risks or the National Commission for occupational health and safety in agriculture, showers must be made available to workers under the conditions set out in these decrees.
The floor and walls of the room assigned to showers must allow effective cleaning. The room must be kept in a constant state of cleanliness.
The temperature of the water in the showers must be adjustable.
Time spent in the shower is remunerated at the normal rate for working hours without being deducted from the actual working time.

 SHOWER TIME PAYMENT

* NOTE – Labor Code R232-13: application of the formal notice procedure provided for in article L231-4. * 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 R232-2-5

(Decree nº 87-809 of October 1, 1987 art. 2, art 1 I Official Journal of October 3, 1987 in force on October 1, 1988)
(Decree nº 92-333 of March 31, 1992 art. 1 I II Official Journal of April 1, 1992)
(Decree nº 2002-1553 of December 24, 2002 art. 1 1º Official Journal of December 29, 2002 in force on July 1, 2003)
The toilets must not communicate directly with the closed rooms where the staff is called to stay.
They must be arranged so as not to emit any odor, be equipped with flushing water and provided with toilet paper. They must be properly heated and comply with the provisions of Articles R. 232-5 to R. 232-5-9 for ventilation.
The floor and walls are made of impermeable materials for efficient cleaning.
The doors must be solid and fitted with an interior locking device that can be unlocked from the outside.
There must be at least one closet and one urinal for twenty men and two closets for twenty women. The workforce taken into account is the maximum number of workers present simultaneously in the establishment. At least one cabinet must have a water station.
In establishments with mixed staff, the toilets are separate for female and male staff. Toilets reserved for women must have a receptacle for periodic fittings.
The employer must clean and disinfect the surgeries
The effluents are evacuated in accordance with health regulations.
An order of the ministers responsible for labor and health adapts the provisions of paragraphs 5 and 6 of this article to the establishments mentioned in article L. 792 of the public health code and to private care establishments according to working conditions. specific to these establishments.
* NOTE – Labor code R232-12-7: application condition.
Labor Code R232-13: application of the formal notice procedure provided for in article L231-4.
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 R232-2-6

(Decree nº 87-809 of October 1, 1987 art. 2, art. 1 I Official Journal of October 3, 1987 in force on October 1, 1990)
(Decree nº 92-333 of March 31, 1992 art. 1 I II Official Journal of April 1, 1992)
(Decree nº 2002-1553 of December 24, 2002 art. 1 1º Official Journal of December 29, 2002 in force on July 1, 2003)
People with physical disabilities should have adequate sanitation facilities.
* NOTE – Labor Code R232-13: application of the formal notice procedure provided for in article L231-4.
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 R232-2-7

(Decree nº 87-809 of October 1, 1987 art. 2, art 1 I Official Journal of October 3, 1987)
(Decree nº 92-333 of March 31, 1992 art. 1 I II Official Journal of April 1, 1992)
(Decree nº 2002-1553 of December 24, 2002 art. 1 1º Official Journal of December 29, 2002 in force on July 1, 2003)
When the fitting out of changing rooms, sinks and showers cannot, for reasons relating to the availability of the work premises, be carried out under the conditions set by articles R. 232-2-1 to R. 232-2- 6 above, the labor inspector may, after consulting the occupational physician and the health, safety and working conditions committee or, failing that, staff representatives, and at the request of the head of establishment, exempt it from certain obligations provided for in the aforementioned articles, provided that the necessary measures are taken to ensure that workers have working conditions.hygiene corresponding as far as possible to those provided for in these articles.
* NOTE – Labor code R232-12-6: application condition.
Labor Code R232-13: application of the formal notice procedure provided for in article L231-4. * 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.

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