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Young workers between the ages of 15 and 18 are prohibited from working on the following jobs:
- Work affecting physical or moral integrity
- Work involving exposure to hazardous chemical agents*.
- Work involving exposure to biological agents
- Work involving mechanical vibration
- Work involving exposure to radiation
- Work in hyperbaric* environments
- Work involving electrical hazards
- Work involving risks of collapse and burial
- Driving self-propelled mobile work equipment and lifting work equipment*.
- Work requiring the use of work equipment*.
- Temporary work at height* [1]
- Working with pressurized equipment
- Work in confined spaces*.
- Work in contact with molten glass or metal*.
- Work involving exposure to extreme temperatures
- Working with animals
(*) Works marked with an asterisk (*) are those for which an exemption is possible.
An overview of the old procedure
Until now, employers wishing to take on a young person undergoing vocational training and planning to assign him or her to a position involving dangerous work had to request authorization from the labor inspectorate. The inspectorate had 2 months in which to give its formal opinion. In the absence of a response, authorization was deemed to have been granted. Authorization could also be requested by the head of the school.
Before assigning the young worker to the position concerned, the employer had to take a number of measures (risk assessment, implementation of preventive actions, application of workplace safety regulations in the broadest sense and supervision of the young worker).
The new procedure for young workers
From now on, employers must submit a declaration to the Labour Inspectorate. This implies that no response from the inspectorate is required. The declaration must include the following information: the sector of activity, the vocational training provided, the training location, the prohibited work concerned, the machines involved, and the status of the person supervising the young person.
Before assigning work to young workers, the employer must satisfy certain conditions that are more precise than before:
- Risk assessment
- Prevention actions following this assessment
- Information and training for young people
- Competent supervision
- Obtaining medical clearance
Changes to information concerning the sector of activity, the work concerned or the vocational training provided must be declared to the labor inspector. Other changes (training location, quality of the person supervising the young person), as well as information concerning the young person, his or her training and the competent person, simply need to be made available to the inspector.
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 remain applicable until the authorization expires.
This procedural change took effect on May 2, 2015.
[1] This exemption was supplemented by the recent decree no. 2015-444 of April 17, 2015.