Prevention of Risks Associated with Work Performed by Outside Contractors

Due to the risks posed by work performed by outside contractors (concurrent activities, multiple parties involved, unfamiliarity with the worksite and work conditions, etc.), regulations strictly govern operations carried out in the workplace by outside contractors.

Various studies examining the links between subcontracting and workplace accidents show that when a company operates within an organization as an outside contractor, its employees are at greater risk of workplace accidents. 

In this context, Articles R. 4511-1 et seq. of the Labor Code govern the activities of outside companies and establish the obligations applicable to the various employers.

Here are the main regulatory requirements:

1. Joint Preliminary Inspection

First, the user company must arrange for a joint inspection to be conducted prior to the operation:

• workplaces,  
• the facilities located there, 
• any equipment that may be made available to outside companies. 

During the inspection, the head of the user company must also:

• define the scope of work to be performed by outside contractors,
• identify areas in this sector that may pose hazards to workers,
• specify the traffic routes that workers, as well as vehicles and machinery of any kind belonging to outside companies, may use,
• Define the routes workers use to access the premises and facilities intended for use by employees (including restrooms, communal locker rooms, and dining areas). 

Employers must also provide each other with all the information necessary for risk prevention (including a description of the work to be performed, the equipment used, and the work procedures, to the extent that they affect health and safety). 

In addition, the client company must provide outside contractors with its safety instructions applicable to the workers responsible for performing the task.

2. Written Prevention Plan

Based on the information and findings gathered during the preliminary joint inspection, employers must jointly analyze the risks that may arise from interference between activities, facilities, and equipment. Accordingly, before work begins, they must develop a plan that outlines the preventive measures each company must take to mitigate the identified risks. These measures must be consistent with one another and must not create new risks.

A prevention plan must be in writing in the following cases:

• Where the work to be performed by outside companies, including any subcontractors they may engage, represents a total number of foreseeable work hours equal to at least 400 hours over a period of twelve months or less
• Regardless of the expected duration of the operation, when the work to be performed is classified as hazardous work included on a list established by administrative order

The following items must be included in the prevention plan:

• the definition of hazardous work phases and the corresponding specific preventive measures,
• the adaptation of equipment, facilities, and systems to the nature of the operations to be performed, as well as the definition of their maintenance requirements,
• instructions to be given to workers,
• the system established to provide first aid in the event of an emergency and a description of the measures implemented for this purpose by the user company
• the conditions under which employees of one company may participate in work performed by another company, with a view to ensuring the coordination necessary to maintain safety and, in particular, the chain of command (refers to subcontracting situations),
• the allocation of maintenance costs among outside companies whose workers use restroom facilities, communal locker rooms, and dining areas provided by the host company.

3. Measures to Be Taken During the Conduct of Operations

While operations are underway, each company must implement the measures set forth in the prevention plan.

The head of the client company, for his or her part, must verify with the heads of the outside contractors that the agreed-upon measures are being carried out. He or she coordinates any new measures that need to be taken as the work progresses.

He must also organize periodic inspections and meetings with the heads of outside companies whom he deems appropriate to invite.

4. Role of Social and Economic Committees

The social and economic committees (CSE) of the user company and the external companies must be informed:

• From the date of the joint pre-inspection until no later than three days before it takes place
• Regarding the dates of periodic inspections and coordination meetings, no later than three days before they take place
• Any emergency or serious situation

Written prevention plans must be made available to members of the CSE.

They may participate in the joint preliminary inspection and conduct periodic inspections and meetings. They then issue an opinion on the preventive measures, which is incorporated into the prevention plan when it must be prepared in writing.

Finally, the names and workplaces of the members of the Social and Economic Committee (CSE) of the host company and of the external companies must be posted at the entry and exit points for the host company’s staff.