French Labour Code
In forceI.-For the purposes of checking the effectiveness or extent of exposure to occupational risk factors and the completeness of the data declared as referred to in article L. 4163-16, employers are required to send or present to the agents referred to in the second paragraph of the same article any document requested by the latter for the purposes of carrying out their duties and to allow the said agents access to the premises of the operation or company.
While respecting manufacturing secrets and operating processes that may come to their knowledge in the course of their duties, these agents will carry out all documentary and on-site checks on the accuracy of the declarations provided with a view to determining employees' entitlements under the professional prevention account.
In the event of an on-site inspection, the local managing body or the fund referred to inarticle L. 723-2 of the Rural and Maritime Fishing Code will send the employer a notice of the inspection, stating the date and time of the inspection, the purpose of the inspection and the employer's right to be assisted by the advisors of his choice during the inspection. This notice, sent by any means capable of proving the date of receipt, must be received at least fifteen days before the date of the first visit.
In the event of a documentary inspection, an inspection notice stating the purpose of the inspection, the date on which the inspection begins, the list of documents and information required for the inspection and the deadline for sending them to the local managing body or to the fund referred to in the previous paragraph is sent to the employer by any means capable of proving the date of receipt.
II - Once the inspection has been completed, the local managing body or the fund mentioned in I of this article will inform the employer and each of the employees concerned if no observations have been made or, if no observations have been made, it will notify the employer by any means that can be used to confirm the date of receipt of the changes it wishes to make to the information used to determine the number of points, and will give the employer one month to submit its observations. On expiry of this period, the local managing body or the fund referred to in I of this article will notify its decision, indicating the appeal procedures and deadlines, to the employer and to each of the employees concerned, by any means capable of proving the date of receipt.
The notification of this decision sent to the employer shall mention the periods concerned and the changes made to the employer's declarations. The notification of the decision sent to the employee mentions the number of points recorded on his professional prevention account for the periods concerned.
Where the check has been carried out by the fund referred to in I of this article, the latter will inform the local managing body of the results of the check.
Where appropriate, the local managing body will correct the number of points recorded on the employee's occupational health and safety account if the points have not already been used.
III - The managing body at local level or the fund mentioned in I of this article may not undertake a check on the effectiveness or extent of an employee's exposure to occupational risk factors for periods of activity which have been or are the subject of a claim by this employee under the conditions provided for in Article L. 4163-18 and which have given rise to a decision by the director of the managing body at local level.
