French Labour Code
In forceI.- In the event of serious malfunctioning of the inter-company occupational health and prevention service affecting the fulfilment of its missions under the umbrella set out in Article L. 4622-9-1, the administrative authority may order its chairman to remedy the situation within a timeframe which it shall set. This period must be reasonable and appropriate to the objective sought. It shall inform the regional occupational health and safety committee.
This injunction may include reorganisation measures and, where appropriate, individual precautionary measures, in application of this Code or collective agreements in force.
II - If the shortcomings are not remedied within the time limit set, the administrative authority may appoint a provisional administrator for a period of no more than six months, renewable once. On behalf of the administrative authority and on behalf of the general assembly of the occupational health and safety service, the provisional administrator carries out the administrative acts that are urgent or necessary to put an end to the difficulties that have arisen. To this end, he/she has all or some of the powers necessary for the administration and management of the service, under conditions specified in the appointment document.
The provisional administrator must not, during the previous five years, have received in any capacity whatsoever, directly or indirectly, any remuneration or payment from the department concerned, nor have been in a position of advice to or subordination to this department. He must also have no interest in the administration entrusted to him. He must provide proof of insurance covering the financial consequences of his liability under the conditions laid down inArticle L. 814-5 of the French Commercial Code, the cost of which is borne by the occupational health and safety service he administers.
