French Labour Code
In forceThe employer or the person in charge of the establishment referred to in Article L. 4111-1 and the head of the establishment referred to in Articles R. 4153-38 and R. 4153-39 may, for a period of three years from the date on which the declaration provided for in Article R. 4153-41 is sent, assign young people to the prohibited work likely to give rise to a derogation mentioned in Section 2 of this chapter, subject to meeting the following conditions:
1° Having carried out the assessment provided for in articles L. 4121-3 et seq., including an assessment of the existing risks for young people associated with their work; this assessment is prior to assigning young people to their workstations;
2° Following this assessment, have implemented the preventive measures provided for in the second paragraph of Article L. 4121-3;
3° Before any assignment of the young person to this work:
a) For the employer, in application of Articles L. 4141-1 et seq., to have informed the young person of the risks to his health and safety and the measures taken to remedy them, and to have provided him with safety training, ensuring that it is appropriate to his age, level of training and professional experience ;
b) In the case of the head of the establishment, to have provided him/her with the safety training provided as part of the vocational training provided, adapted to his/her age, level of training and professional experience and to have organised the assessment thereof.
In the establishments referred to in 4° of Article R. 4153-39, notwithstanding the above provisions, the head of the establishment must have provided the information and training referred to in a or, where the training provided leads to a technological or vocational diploma, have provided the safety training and assessment referred to in b.
4° Ensure that the young person undergoing training is supervised by a competent person during the performance of this work;
5° Have obtained a medical opinion of fitness for each young person.
This medical opinion is issued each year either by the occupational physician for employees, or by the physician responsible for the medical monitoring of pupils and students, vocational training trainees or young people in the establishments mentioned in 4° of article R. 4153-39.
Any young person assigned to the work mentioned in the first paragraph benefits from the enhanced individual health monitoring provided for in articles R. 4624-22 to R. 4624-28 pursuant to II of article R. 4624-23.
