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Use of outside contractors: what are we talking about?
When a company calls on another company (or several other companies) to carry out work or provide services on its premises, in one of its outbuildings or on one of its sites, it is said to be using an external company (Article R4511-1 C.trav.).
The company for which the work is being carried out is referred to as the " user company ", and the company carrying out the work or providing the services is referred to as the " external company ".
ℹ️ Please note: Building and civil engineering sites subject to health and safety coordination (SPS) are not covered by regulations concerning the use of external contractors . are not covered by regulations governing the use of outside contractors (Articles R4511-3 C.trav.).
What are the risks of using a subcontractor?
The use of an external company generates numerous risks due to the interference of activities. These risks are in addition to those already present in the user company and to the risks generated by the activity of the external company.
The use of work equipment, the presence of installations or materials, unfamiliarity with the site on the part of workers from outside the company, or the performance of dangerous work are all risks to which workers from each company are exposed, and for which they are not necessarily trained.
Consequently, companies must work together to coordinate preventive measures in order to prevent risks arising from interference between activities, installations and equipment(Article R4511-7 C.trav.).
What is the role of the user company?
📌 Important :
The role of the head of the user company is to ensure general coordination of the preventive measures implemented by each company (including the user company)(Article R4511-5 C.trav.).
⚠️ Attention: To ensure overall coordination of preventive measures , the head of the user company must alert the head of the external company when he is informed of a serious danger concerning one of the company's workerseven if he/she considers that the cause of the danger is exclusively due to that company (Article R4511-8 C.trav.).
In addition, the user company must provide outside contractors with sanitary facilities, collective changing rooms and catering facilities, unless the contractor provides equivalent facilities(Article R. 4513-8 C.trav.).
What is the role of the outside company?
📌 Important :
The role of the contractor's manager is to apply the preventive measures necessary to protect the workers he employs (Article R4511-6 C.trav.).
Before the work is carried out, the head of the outside company must also inform the workers he assigns to this work of the specific hazards to which they are exposed and of the preventive measures linked to the coactivity of the companies, in particular(Article R4512-15 C.trav.) :
- Hazardous areas and their marking / marking ;
- rules for the use of collective and individual protective devices;
- routes to and from the site;
- the routes to be taken to access the premises and installations;
- if applicable, the location of emergency exits.
What information does the contractor need to provide?
In order to understand the risks generated by operations, the head of the outside company must provide the user company with written information(Article R4511-10 C.trav.) :
- date of arrival and expected duration of intervention;
- the foreseeable number of workers affected ;
- the name and qualifications of the person in charge of the intervention;
- names and references of subcontractors (before work begins);
- identification of subcontracted work.
How can you prevent the risks associated with outsourcing?
Joint pre-inspection
📌 Important :
Prior to carrying out work or providing services, companies must carry out a joint inspection of workplaces, installations and equipment(Article R4512-2 C.trav.).
During the joint preliminary inspection, the head of the user company must(Article R4512-3 C.trav.) :
- delimit the area of intervention of external companies;
- mark out areas of the work area that are hazardous to workers;
- indicate the traffic routes that may be used by workers, vehicles or machinery from outside companies;
- define access routes to premises and facilities (sanitary facilities, catering facilities, etc.).
The aim of the joint preliminary inspection is to obtain an overall view of the risks generated by the presence and activity of the companies.
Thus, the heads of each company are required to provide each other with all the information necessary for risk prevention, such as a description of the work to be carried out, the equipment used or the operating procedures used, if these have an impact on the health and safety of workers(Article R4512-5 C.trav.).
In addition,the head of the user company must communicate to the heads of external companies the safety instructions applicable to the workers carrying out the operation, including during their movements(Article R4512-4 C.trav.).
Drawing up a prevention plan
Following the joint preliminary inspection, and on the basis of the information thus gathered, employers must analyze and assess the risks that may result from interference between activities, installations and equipment(Article R4512-6 C.trav.).
📌 Important :
When this analysis reveals the existence of risks, the employers must draw up, by mutual agreement and before work begins, a prevention plan defining the measures taken by each company to prevent these risks.
The prevention plan serves as a guide for implementing the prevention of risks associated with the interference of activities and must include at least(Article R4512-8 C.trav.) :
- definition of hazardous activity phases and the corresponding specific preventive measures;
- the choice and use of equipment, installations and devices adapted to the nature of the operations to be carried out, as well as their maintenance conditions;
- instructions to be given to workers;
- the organization and description of the first aid measures put in place by the user company;
- the conditions for worker participation in the work being carried out, and in particular the organization of command.
Note: the prevention plan must be formalized in writing if the operation represents more than 400 hours of work spread over 12 months or less, or involves hazardous work among those listed in the decree of March 19, 1993 (general system), the decree of May 10, 1994 (agricultural system) or the decree of June 11, 2019 (mines and quarries).
🔍 Focus: For loading and unloading operations (such as delivery to a company), the prevention plan is replaced by a safety protocol that defines the conditions (location, equipment used, etc.) and safety measures required for these operations (Article R4515-4 C.trav.).
Implementing preventive measures
When carrying out work or providing services, each company must apply the measures set out in the prevention plan, and the head of the user company must ensure that these measures are effectively implemented (Article R4513-1 C.trav.).
📃 Documentation: To find out about all the special health and safety requirements applicable when using an outside company, please consult the DRT circular no. 93-14 of March 18, 1993.
Coordination inspections
Throughout the work, the head of the user company must organize periodic inspections and meetings(Article R4513-2 C.trav.).
These inspections and periodic meetings may lead to an update of the prevention plan(Article R4513-4 C.trav.).
These inspections and meetings may cover :
- or general coordination within the user company's premises;
- or the coordination of preventive measures for a specific operation;
- or the coordination of measures related to interference between several operations.
ℹ️ Please note: The head of the user company is free to determine the frequency of these inspections and meetings and selects the external company managers to be invited. However, these periodic inspections and meetings must take place every three months for operations exceeding 90,000 hours for the coming year (Article R4513-5 C.trav.).
What is the responsibility of a contractor?
Preventing the risks associated with interference between activities is an obligation for all employers involved in the operation, whether they are the heads of external companies or the head of the user company.
Thus, in the event of a workplace accident or breach of safety obligations, employers may be held civilly and criminally liable (article 121-3 C. pén.).
Example In this case (Cass, crim, February 14, 2023 n° 21-82.245), a local town council called in an outside firm to carry out an ultrasound measurement of the thickness of a dam's flap gates. Unfortunately, a diver's boat capsized during the mission and he died.
The employers were convicted of manslaughter, in particular because they had not carried out a joint inspection beforehand. The prevention plan could therefore not comply with regulations, as it was not based on a real risk analysis.
In addition, employers are condemned for failing to provide workers with the protective equipment they need to carry out this task.