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Prohibitions on work for young workers aged 15 to 18 are as follows:
- Work that compromises physical or moral integrity
- Work involving exposure to hazardous chemical agents*
- Work involving exposure to biological agents
- Work involving exposure to mechanical vibrations
- Work involving exposure to radiation*
- Work in hyperbaric environments*
- Work involving electrical risks
- Work involving risks of collapse or burial
- Operating self-propelled mobile work equipment and lifting equipment*
- Work requiring the use of work equipment*
- Temporary work at heights* [1]
- Work with pressurized equipment*
- Work in confined spaces*
- Work involving contact with molten glass or metal*
- Work involving exposure to extreme temperatures
- Work involving contact with animals
(*) The work listed with an * is work for which a derogation is possible
Summary of the previous procedure
Previously, employers wishing to host a student in vocational training and planning to assign them to a role involving hazardous work were required to request authorization from the labor inspectorate. The inspectorate had two months to issue a decision following a specific formal process. If no response was received, authorization was deemed granted. This authorization could also be requested by the head of the educational institution.
Before assigning the young worker to the relevant role, the employer was required to take a number of measures, including risk assessment, implementation of preventive actions, application of occupational safety regulations in the broad sense, and supervision of the young person.
New procedure for work involving young workers
From now on, employers must submit a declaration to the labor inspectorate. This implies that they do not need to wait for a response. The declaration must include the following information: the business sector, the professional training provided, the location of training, the specific prohibited tasks involved, the machinery involved, and the qualifications of the person supervising the young worker.
Before assigning tasks to young workers, employers must meet certain conditions that are more specific than before:
- Risk assessment
- Preventive actions following this assessment
- Information and training for the young worker
- Supervision by a competent person
- Obtaining a medical certificate of fitness
Any changes to information regarding the business sector, the tasks involved, or the professional training provided must be declared to the labor inspector. Other changes (location of training, qualifications of the person supervising the young worker), as well as information relating to the young worker, their training, and the competent person, must simply be kept available for inspection.
The declaration must be renewed every three years.
An authorization to derogate obtained under the conditions of the previous provisions of the Labor Code remains valid, and the previous provisions continue to apply until the authorization expires.
This procedural change came into effect on May 2, 2015.
[1] This derogation was supplemented by the recent Decree No. 2015-444 of April 17, 2015