According to the French Labor Code, a risk prevention plan is mandatory in certain cases when an external company works on site. This document formalizes the analysis of risks and sets out how to protect the health and safety of employees. But what exactly does a risk prevention plan contain?
Does a company risk prevention plan have to be in writing?
Although a risk prevention plan must be drawn up prior to any intervention by a subcontractor on your premises or worksite, it does not necessarily have to be written down. This is particularly the case when the risks are non-existent, or when there is little interference between the activities of the outside company and your own.
However, the French Labour Code (art. R. 4512-7) specifies two cases in which the prevention plan must be formalized in writing:
If the operation to be carried out represents a total number of working hours equal to at least 400 hours over a period of 12 months or less;
Or if the work to be carried out appears on the list of hazardous jobs drawn up by the Ministries of Labor and Agriculture (decree of March 19, 1993), regardless of the duration of the operation.
Even if it is not compulsory, we recommend that you systematically draw up a prevention plan, so as to provide a framework for the work carried out by outside contractors.
Drawing up a risk prevention plan
In practical terms, companies begin drafting the prevention plan as soon as the joint inspection is carried out, in order to decide by mutual agreement on the measures to be taken to prevent risks.
However, certain provisions must be included in the prevention plan (article R. 4512-8 of the French Labour Code):
It must define the dangerous phases of activity and the specific preventive measures to be implemented.
It guarantees the use of equipment, installations and devices adapted to the work, and defines maintenance conditions.
It indicates the instructions to be given to employees during work.
It specifies the organization set up to provide first aid in the event of an emergency, notably by describing the system defined by the user company.
It ensures that work is coordinated in such a way as to maintain the safety of employees working on the site, particularly if another company is involved.
Certain workstations and employees are subject to reinforced individual monitoring (which has replaced the notion of reinforced medical surveillance since 2017). These include positions where workers are exposed to:
asbestos;
lead;
carcinogens, mutagens or agents toxic to reproduction;
biological agents (groups 3 and 4);
ionizing radiation;
hyperbaric risk;
the risk of falling from heights during scaffolding assembly and dismantling operations.
The list of employees concerned must be supplied by each company and included in the prevention plan (Article R. 4512-9 of the French Labour Code).
The technical files containing information on asbestos-containing materials, or the asbestos detection report, must also be attached to the risk prevention plan.
Once the risk prevention plan has been drawn up, it is signed by the user company and the parties involved. It is then kept at the disposal of the Labour Inspectorate, the prevention officers of the Social Security bodies and the building and public works prevention body, where applicable.
A risk prevention plan lasts as long as the operation it covers. It is therefore bound to evolve, particularly if new risks emerge. This is the case when new companies are involved (subcontractors, equipment maintenance companies, etc.).
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