Preventing Risks Related to Work by External Companies

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Various studies on the links between subcontracting and workplace accidents show that when an organisation carries out work at a site as an external company, its employees are more exposed to the risk of workplace accidents. 

In this context, Articles R. 4511-1 et seq. of the French Labour Code govern work carried out by external companies and set out the obligations applicable to the various employers involved.

Here are the main regulatory requirements:

1. Prior joint inspection

First, before the operation begins, the host company must arrange a joint inspection of:

• the workplace,  
• the facilities located there, 
• any equipment made available to the external companies. 

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

• define the area in which the external companies will be working,
• mark out the areas within that zone that may present hazards to workers,
• indicate the routes that workers, as well as vehicles and equipment of any kind belonging to the external companies, may use,
• define the access routes for workers to the premises and facilities used by external companies (in particular sanitary facilities, shared changing rooms and catering areas). 

Employers must also share with one another all information necessary for risk prevention (in particular a description of the work to be carried out, the equipment used and the working methods, where these have an impact on health and safety). 

In addition, the host company must communicate its safety instructions to the external companies, applicable to the workers responsible for carrying out the operation.

2. Written prevention plan

Based on the information and findings gathered during the prior joint inspection, the employers must jointly analyse the risks that may result from the interaction between activities, facilities and equipment. Before work begins, they must therefore draw up a plan defining the prevention measures to be taken by each company in order to prevent the risks identified. These various measures must be consistent with one another and must not create new risks.

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

• Where the operation to be carried out by the external companies, including any subcontractors they may use, represents a foreseeable total number of working hours of at least 400 hours over a period of twelve months or less
• Regardless of the foreseeable duration of the operation, where the work to be carried out is among the hazardous work listed in an order (arrêté)

The following points must be included in the prevention plan:

• the definition of hazardous phases of activity and the corresponding specific prevention measures,
• the adaptation of equipment, facilities and devices to the nature of the operations to be carried out, as well as the definition of their maintenance conditions,
• the instructions to be given to workers,
• the arrangements made to provide first aid in an emergency and a description of the system put in place for this purpose by the host company,
• the conditions under which employees of one company may take part in work carried out by another, in order to ensure the coordination necessary to maintain safety, and in particular the organisation of command (this covers cases of subcontracting),
• the allocation of maintenance costs between the external companies whose employees use the sanitary facilities, shared changing rooms and catering areas made available by the host company.

3. Measures to be taken while the operations are being carried out

While the operations are being carried out, each company must implement the measures set out in the prevention plan.

The head of the host company must, for their part, check with the heads of the external companies that the agreed measures are being carried out. They coordinate any new measures to be taken as the work progresses.

They must also organise periodic inspections and meetings with the heads of the external companies they consider it useful to invite.

4. Role of the works councils

The works councils (CSE) of the host company and of the external companies must be informed of:

• The date of the prior joint inspection, no later than three days before it takes place
• The date of periodic coordination inspections and meetings, no later than three days before they take place
• Any emergency or serious situation

Written prevention plans must be made available to CSE members.

They may take part in the prior joint inspection and carry out periodic inspections and meetings. They then issue an opinion on the prevention measures, which is recorded in the prevention plan where it must be drawn up in writing.

Finally, at the entry and exit points used by staff of the host company, the names and workplaces of the CSE members of the host company and of the external companies must be displayed.