French Labour Code
In forceI.-Each of the safety studies provided for in article R. 4462-3, to which is attached the report of the consultation of the social and economic committee, is submitted for approval to the regional director of companies, competition, consumption, labour and employment or to the authority which replaces him pursuant to articles R. 8111-8 and R. 4462-29, and gives rise to consultation of the armaments inspector for powders and explosives.
II - The Regional Director for Business, Competition, Consumption, Labour and Employment or the authority that replaces him will notify the employer of his decision within three months of the date of receipt of the application for approval, by any means that will allow this notification to be dated. It may, however, by reasoned decision notified in the same way before the expiry of the aforementioned period, set a new period if the examination of the file so requires, without the overall period exceeding six months.
It may also, by reasoned decision, notified in accordance with the procedures set out in the previous paragraph, ask the employer to provide it with additional information or to carry out or have carried out at the company's expense by a competent body the additional tests required to assess the possible risks and the effectiveness of the means of protection envisaged. This request suspends the period mentioned in the previous paragraph.
The period starts running again from the time when the Regional Director for Business, Competition, Consumption, Labour and Employment or the authority replacing him has been informed of the additional information requested or the results of the tests.
In the absence of a response from the Regional Director of Enterprise, Competition, Consumer Affairs, Labour and Employment or the authority replacing him within the time limit resulting from the application of the first paragraph of II, the employer may, under the conditions resulting from the safety study, implement the planned activities.
III - For mobile manufacturing units, the competent authority for approval of the safety study is the regional director of companies, competition, consumption, labour and employment of the head office of the company which owns the mobile manufacturing unit.
IV-This article does not apply to employers who only carry out activities involving the conservation of explosive substances or objects which are not covered by the requirements of the Order of the Minister for the Interior, the Minister for Labour and the Minister for Defence relating to pyrotechnic installations subject to technical approval, issued pursuant to article R. 2352-97 of the Defence Code.
