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🔎 Key takeaways
Universal information requirements: The Labor Code requires all companies to visibly display essential information, including contact details for key health and safety stakeholders (doctor, labor inspectorate, emergency services), access to the DUERP, and excerpts from the Penal Code concerning discrimination and harassment.
Specific considerations for electrical hazards: Technical rooms and areas dedicated to electricity management must be visibly marked with appropriate danger signs, with access strictly restricted to authorized personnel.
Fire safety protocols scaled by workforce size: While the marking of emergency exits and fire-fighting equipment is mandatory for all, establishments with more than 50 people (or handling flammable materials) are required to install an audible alarm and to conspicuously display detailed safety instructions communicated to the labor inspectorate.
Severe financial and criminal penalties: Any failure to comply with these posting obligations is subject to an immediate fine of up to €750, but can also lead to the employer's criminal liability for risk exposure (up to one year in prison and a €15,000 fine) or the recognition of gross negligence in the event of an accident.
Many mandatory postings are required in the workplace. In this article, we review the various obligations in this area!
What are the implications of mandatory postings for occupational health and safety?
Regardless of its activity, the operation of a company generates risks and requires the establishment of safety rules and instructions. Some risks are common to all companies and are inherent to the operation of the building(s) and the cohabitation of different workers in the workplace.
Examples: This is particularly the case for the risk of fire, electrical risk, the risk of falls on the same level, etc.
To prevent these risks, The Labor Code stipulates mandatory postings and information for companies. These postings take the form of panels or posters displayed in locations visible to everyone.
Additionally, the posting and signage of these risks are sometimes accompanied by specific safety instructions and information on the procedure to follow in case of an accident.
ℹ Please note : Many companies sell pre-filled postings that comply with various regulatory requirements.
What are the mandatory postings in companies?
Among the mandatory postings in all companies, these notably include essential elements related to occupational health and safety (OHS) as well as information on who to contact in case of need:
| Regulatory requirement | Implementation guidance and details | |
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Signage for hazard zones that could not be avoided (Article R4214-14 Labour Code) |
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Display of the DUERP (Article R4121-4 Labour Code) | Display how to access the single occupational risk assessment document (DUERP). |
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Display of the phone number and address of the company's occupational health contacts (Article D4711-1 Labour Code) |
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Notice against moral harassment (Article L1152-4 Labour Code) | Display Article 222-33-2 of the Criminal Code within the company. |
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Notice against sexual harassment (Article L1153-5 Labour Code) |
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Notice against discrimination (Article L1142-6 Labour Code) | |
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Display of the CSE members, where one exists (Article R2314-22 Labour Code) | Display the list of CSE members following staff elections (only in companies with at least 11 employees). |
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Signage for the first aid station, where one exists (Article R4214-23 Labour Code) | A first aid station is mandatory where the workforce reaches 200 employees in industrial establishments, or 500 employees in other establishments. |
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Signage indicating the location of first aid equipment (Article R4224-23 Labour Code) | Appropriate, visible signage. |
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Access to the company's internal regulations (Article R1321-1 Labour Code) | Display how to access the company's internal regulations (only in companies that have them and have at least 20 employees). |
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Display of the no-smoking notice (Article R3512-7 Labour Code) | Multiple, visible signage. |
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Display of the no-vaping notice (Article L3513-6 Labour Code) | Multiple, visible signage. |
These various postings constitute the minimum required to establish a foundation of information for employee health and safety. They notably help ensure a peaceful and safe coexistence in the company. Note that any additional posting deemed useful for OHS can, of course, supplement this list.
What are the mandatory postings for fire risk?
Fire risk is present in every company. Thus, all companies, regardless of their workforce size, must design workplaces to allow for a complete and rapid evacuation in full safety (Article R4216-2 C.Trav.). Limiting the spread of fire and the response of emergency services must also be taken into account in the design of workplaces.
ℹ Please note : there are stricter fire safety regulations for (Article R4227-1 C.Trav.):
- establishments open to the public;
- high-risk establishments;
- high-rise buildings.
To ensure the organization of evacuation from workplaces, clear and precise signage for exit routes must be installed (Article R4227-13 C.Trav.). These are usually translucent signs that indicate the paths to take, the various emergency exits, and safe waiting areas.
Even though it is not a regulatory requirement, an evacuation plan can be created to supplement this signage.
⚠️ Note : Unless otherwise specified, emergency lighting must be provided to ensure maximum safety in the event of an accidental failure of the normal lighting system (Article R4227-14 C.Trav.).
In addition, fire extinguishing equipment must be clearly marked with appropriate signage (Article R4227-33 C.Trav.). This generally involves signs indicating the location of fire extinguishers and, where applicable, hose reels (RIA) and other fire-fighting equipment.
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Stricter regulations, especially regarding fire safety signage, apply to:
● establishments that typically accommodate 50 people, including the public;
● establishments where flammable or explosive materials are handled and processed flammable or explosive materials.
Furthermore, in addition to the provisions stated above, these establishments must have an audible fire alarm system (Article R4227-34 C.Trav.). This alarm system must be clearly marked and must not be confused with other signage (Article R4227-36 C.Trav.).
These establishments must also display "very conspicuously" fire safety instructions (Article R4227-37 C.Trav.).
Fire safety instructions must at a minimum indicate (Article R4227-38 C.Trav.):
- fire extinguishing and emergency equipment located within or near the premises;
- the personnel responsible for operating fire extinguishing and emergency equipment ;
- for each premises, the personnel responsible for directing the evacuation of employees and, where applicable, the public;
- specific measures related to the evacuation of persons with disabilities ;
- Alert methods (alarm system, telephone, announcements, etc.);
- the people responsible for calling the fire department ;
- the address and telephone number of emergency services ;
- instructions for anyone noticing the start of a fire, namely: sound the alarm and implement initial emergency measures without waiting for the arrival of specially designated personnel.
These instructions constitute the minimum content of fire safety guidelines. However, it is recommended to add any instructions that could be useful in the event of an incident such as the detailed evacuation plan, the content of alert messages, the frequency of evacuation drills, the obligation not to obstruct exit routes, etc. It is also recommended to detail each instruction as thoroughly as possible.
⚠️ Please note : fire safety instructions must be communicated to the labor inspectorate (Article R4227-40 C.Trav.).
Finally, please note that these safety instructions must be displayed :
- in premises with more than five people;
- in premises where explosive materials or flammable materials are stored or handled;
- in premises or passages serving a group of premises with fewer than five people.
📃 Documentation : For more details on fire safety signage and instructions, please refer to recommendation ED 6230 established by INRS.
What mandatory signage is required for electrical hazards?
Premises or locations dedicated to electricity management within the company pose a risk of electric shock, regardless of the voltage present. For this reason, the premises must be visibly marked with appropriate signs (Article R4226-9 C.Trav.).
🔎 Focus : Access to these premises must be restricted to authorized personnel, and doors must be closed and equipped with a locking system that can be opened freely from the inside.
What are the penalties for non-compliance with mandatory signage?
Failure to comply with or violation of regulatory obligations regarding workplace safety signage and instructions is punishable by a fine for 4th class offenses, up to 750 euros (Article R4741-3 C.Trav.).
Furthermore, exposing an employee to risk by violating a specific safety obligation is punishable by one year's imprisonment and a fine of 15,000 euros (Article 223-1 of the Labor Code.). However, the absence of mandatory postings indeed constitutes exposing employees to risk.
Finally, in the event of a workplace accident caused by the absence of mandatory postings, the employer's inexcusable fault may be recognized, and their civil and criminal liability may be engaged. Thus, the employer may be compelled to pay additional compensation and the fines stipulated by the Penal Code.
Conclusion
Mandatory workplace postings are a simple and effective way to prevent certain risks in the company. It is also a regulatory obligation for the employer. Therefore, it is important to pay particular attention to it, especially by making it as detailed as possible.
Photo credit: @wittybear