Warning and withdrawal rights in the event of serious and imminent danger: what do the regulations say?

‍When workers face a serious and imminent danger while performing their jobs, they can exercise their right to report a hazard and their right to refuse to work. These protections, which are strictly regulated by the Labor Code, safeguard employees’ well-being. In this article, learn when to use the right to report a hazard, how to exercise it, and the employer’s obligations! Need help with your EHS  regulatory monitoring EHS ? Turn to Tennaxia!

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What is the right to alert in the event of serious and imminent danger?

The right to issue a warning in the event of serious and imminent danger allows an employee to alert the employerwhenever he or she observes, in accordance with the provisions of the Labor Code (Article L4131-1 of the Labor Code):

• posesa serious and imminent danger to his or her life or health;
• ora defect in the safety systems.

The exercise of this right to raise an alarm must be justified by aparticularly seriousor unusual dangerthat poses an immediate threat to the worker.

Examples examples of situations posing a serious and imminent danger:

• malfunction of a ventilation system when using hazardous chemicals ;
• no roof railing ;
• Abnormally low temperature in work premises;
• poorly maintained or damaged work equipment ;
• flagrant disregard for the company's safety standards;
• ...

What is the right of withdrawal?

The right to withdraw from work allows an employeeto stop working or leave their post when they observe a serious and imminent danger to their life or health, or a defect in the safety systems ( Article L4131-1 of the Labor Code).

⚠️ Warning: Workers who exercise their right to withdraw from work must remove themselves from the dangerous situation without creating a new situation of serious and imminent danger for others  (Article L4132-1 of the Labor Code).

An employer may not require an employee who has exercised the right to refuse to work to return to work as long as the danger in question persists, particularly if it involves a defect in a safety system.

🔍Focus:The right to withdraw from work is logically linked to the exercise of the right to alert in the event of a serious and imminent danger. However, it is not mandatory to notify the employer in advance in order to exercise the right to withdraw from work, as this right stems directly from the obligations associated with the performance of the employment contract.

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Right to Withdraw from Work and Extreme Heat: Can You Refuse to Work During a Heat Wave?

During periods of extreme heat or heat waves, working conditions can quickly deteriorate and pose a real risk to employees’ health (heat stroke, dehydration, fainting). It is entirely possible to exercise the right to refuse to work in the event of excessive heat, but this right is strictly regulated by the Labor Code.

Is there a legal temperature threshold for exercising one's right to leave work due to excessive heat?

In France, the Labor Code does not set a maximum temperature above which work is automatically prohibited. However, the National Institute for Research and Safety (INRS) and the CNAM consider that temperatures above 30 °C for office work and 28 °C for physical labor pose a health risk.

For an employee’s exercise of the right to withdraw from work due to extreme heat to be considered legitimate, the employee must have a reasonable basis to believe that the situation poses a serious and imminent danger to his or her life or health (for example: lack of drinking water, intense physical labor in direct sunlight without breaks, or enclosed, unventilated spaces where the temperature exceeds 34 °C).

⚠️ Employer Obligations Under the Heat Wave Plan

In accordance with Article R. 4121-1 of the Labor Code, employers must adjust work arrangements during a heat wave: providing cold water (at least 3 liters per day per employee on construction sites), adjusting work schedules (to schedule work during the coolest hours of the day), increasing the frequency of breaks, and installing ventilation and cooling systems.

When is the right to take time off due to extreme heat considered an abuse?

If the employer has implemented all necessary preventive measures ( air-conditioned or well-ventilated work areas, regular provision of water, adjustments to work schedules), the mere fact that it is hot is not sufficient to justify a right to refuse to work. An unjustified refusal to work in this context may expose the employee to a pay deduction or disciplinary action.

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How to exercise the right to alert and the right to withdraw?

In order to provide the most appropriate solutions,the exercise of the right to raise an alert and the right to withdraw from work requires both the employer and the employee to follow a strict procedure.

What situations justify the exercise of the right to alert and the right to withdraw?

As soon as a worker becomes aware of a situation which he or she has reasonable cause to believe presents a serious and imminent danger, the exercise of the right to alert and the right to withdraw is in principle justified.

For this reason,no disciplinary action or wage deduction may be imposed on a worker(or a group of workers) who has withdrawn from a work situation where the worker had reasonable grounds to believe that it posed a serious and imminent danger to his or her life or to the lives of others (Article L4131-3 of the Labor Code).

Examples of situations justifying the exercise of the right of withdrawal:

• Lack of collective fall protection equipment for roofing work ( Soc., May 9, 2000, No. 97-44.234);
• temperature of 2°C in a workshop (CA Paris, 22nd ch. sect. C, June 7, 1988);
• Malfunction of a safety button on a piece of equipment that had not undergone periodic inspections ( Soc., Dec. 11, 1985, No. 83-45.566).

Conversely, when an employee exercises his or her right to withdraw from work without reasonable cause, he or she may be subject to disciplinary action, including wage deductions for abusive use of the right to withdraw from work (Cass. soc. July 11, 1989, No. 86-43.497).

Thus,the validity of the right to withdraw from work is determined by the reasons that led the worker to withdraw from the situation deemed dangerous.

An employee’s bad faith,the complete absence of danger, orthe presence of a danger inherent in the activity—for which preventive measures have been put in place—do notjustify exercising the right to withdraw from work.

Examples of unjustified withdrawal situations:

• The assault of a worker does not justify the exercise of the right of withdrawal after the incident, as there is no reason to believe that the event could recur (CA Paris, 21st ch., April 26, 2001);
• An epidemic in a hospital or a technical problem in a nuclear power plant do not justify the use of the right of withdrawal because these risks are inherent to these activities (TA Versailles, June 2, 1994, no. 872364 and CA Versailles, February 26, 1996);
• Working conditions made more difficult by weather forecasts that do not affect worker safety do not constitute reasonable grounds for believing that a situation poses a serious and imminent danger ( Soc., January 20, 1993, No. 91-42.028).

What procedure applies to the right of warning and the right of withdrawal?

Step 1: The worker exercises his right of withdrawal

An employee who observes a situation that he or she considers dangerousmay stop working by leaving his or her workstation.

⚠️Caution:When withdrawing from a dangerous situation, theworker must not create any additional danger for other workers.

Step 2: Workers exercise their right to alert in the event of serious and imminent danger

Once the worker has removed himself from the situation deemed dangerous,he must formally exercise his right to issue a warning in order to alert the employer to the serious and imminent danger he faced.

🔍Focus: Workers may first notify a staff representative serving on the Social and Economic Committee (CSE) so that the representative can in turn alert the employer to the serious and imminent danger (Article L4131-2 of the Labor Code).

Step 3: The employer implements safety measures and instructions

📌 Important: As soon as an employer becomes aware of a serious and imminent danger,the Labor Code requires the employer to issue instructions and take the necessary measures to enable workers to stop their activities and get to safety, in particular by immediately leaving their workplace (Article L4132-5 of the Labor Code).

Depending on the danger encountered, the employer must adapt measures and instructions. He may have to evacuate the entire company or shut down work equipment if the danger so warrants.

Step 4: The employer enters the alert in a special register

When a warning is issued by an elected member of the Social Committee,the employer must record this warning in the register of serious and imminent hazardsprovided for by the Labor Code ( Article L4132-2 of the Labor Code).

The notice is dated and signed and must include the following information(Article D4132-1 C.Trav.):

• the workstations affected by the observed hazard;
• the nature and cause of the danger ;
• the names of exposed workers.

ℹPlease note:The pages of the serious and imminent hazards log must be numbered and authenticated with the CSE stamp.

Step 5: The employer investigates and implements measures to resolve the hazard

If the report is made by a member of the CSE,the employer and the CSE member who filed the report shall jointly investigate the hazard identified(Article L4132-2 of the Labor Code).

The employer must also take all necessary steps to put an end to the dangerous situation.

Step 6: Agreement between the employer and the CSE to resolve the hazard

Following the investigation, if there is a disagreement regarding the existence of the hazard or how to eliminate it,the CSE must be convened on an emergency basis within a maximum of 24 hours(Article L4132-3 of the Labor Code).

🔍Focus:The labor inspector and the prevention officer from the regional health insurance fund must be immediately notified by the employer and may attend this special meeting.

Finally, in the event of a disagreement between the employer and the majority of the CSE regarding the measures to be taken,the employer must immediately refer the matter to the labor inspectorate(Article L4132-4 of the Labor Code).

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What are the risks for the employer in the event of serious and imminent danger?

📌 Important: When an employee suffers a workplace accident caused by a serious and imminent hazard that had been reported to the employer,the employer’s inexcusable negligence is deemed established by law(Article L4131-4 of the Labor Code). The Labor Code states that the employer has a duty to ensure the safety of its employees.

In practice, this means that the employer will be required to automatically payadditional compensationto the victim of such an accident.

Furthermore, when the labor inspectorate identifies a serious and imminent danger to the physical safety of workers,it is authorized to issue a report immediately without prior notice(Article L4721-5 of the Labor Code).

🔍Focus:The labor inspectorate may, in certain specific cases (lack of protection against falls from heights, absence of measures to prevent the risk of being buried, etc.), order the temporary suspension of the work or activity in question (Article L. 4731-1 of the Labor Code).

🔎 To remember

• The exercise of the right to raise an alert and the right to withdraw from work must be preceded by increased vigilance on the part of the employee regarding his or her work environment;
• Workers who use their right to alert and their right to withdraw must have reasonable cause to believe that the situation is dangerous;
• In the event of serious and imminent danger, the employer must immediately give instructions to bring his employees to safety;
• The Labour Inspectorate can issue an official statement of offence without prior formal notice if it observes a serious and imminent danger.

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