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The labor code rules concerning young minor workers have been amended by two decrees dated October 11, 2013. This concerns:
I- The revision of the derogation procedure allowing young people aged between 15 and 18 to be assigned to prohibited tasks;
II- The updating of the list of prohibited and regulated tasks for young people aged between 15 and 18 (and clarification of employment conditions for 14-16 year olds during school holidays).
These two points are detailed below:
I- Revision of the derogation procedure allowing minor workers aged between 15 and 18 to be assigned to prohibited tasks
Case of young people in vocational training
Regulations provide for derogations allowing an apprentice or a minor student to perform certain prohibited tasks. For this, a named derogation request via a defined procedure(*) must be submitted. Derogation authorizations granted by the labor inspector are renewable annually for students. For apprentices, in the absence of changes to work equipment, safety conditions, and the work environment, authorizations are valid for the entire duration of the contract, subject to the annual submission of a new favorable opinion from the occupational physician to the labor inspector.
(*): Derogation authorizations are issued after a favorable opinion from the occupational physician or the physician responsible for student supervision, and with the authorization of the teacher or workshop instructor.
As the current derogation request procedure is considered inefficient due to its complexity and cumbersomeness, Decree No. 2013-914 of October 11, 2013 aims to simplify it.
The key changes are as follows:
- the derogation authorization is now issued for 3 years;
- it is no longer specific to each young person in training but applies to the host location, provided certain conditions are met:
- having carried out a risk assessment and implemented the necessary prevention measures;
- comply with occupational health and safety obligations;
- ensure the young person is supervised by a competent individual.
- prior to assigning a minor apprentice or student to prohibited tasks that may be subject to exemption, the employer must ensure that the individual is medically fit;
- the employer must submit to the labor inspector, within 8 days of assigning a minor apprentice or student to tasks for which an exemption has been granted, information regarding the minor's identity, the vocational training undertaken, the medical fitness certificate, the safety information and training provided, and the identity of the person supervising the young individual.
- the application for renewal of the exemption authorization must be submitted 3 months before the expiration date of the current exemption decision.
Young Minor Workers
For young workers, Decree No. 2013-914 of October 11, 2013 specifies that:
- young workers who are graduates or hold a professional qualification corresponding to the activity they perform may be assigned to tasks subject to exemption if they are medically fit;
- when they hold an electrical authorization, young workers may, in particular, carry out electrical operations within the limits set by the authorization.
- a young minor worker may, for example, operate handling equipment if they have received adequate training (e.g., CACES training) and hold a driving authorization;
- to be authorized to carry loads exceeding 20% of their body weight, young workers must hold a specific medical authorization.
II- Update of the list of prohibited and regulated tasks for minor workers aged between 15 and 18.
Clarification of employment conditions for young people aged 14-16 during school holidays
In parallel with the revision of the exemption procedure allowing minor young people to be assigned to prohibited tasks, Decree No. 2013-915 of October 11, 2013 updates the list of prohibited and regulated tasks for young people aged between 15 and 18.
This update allows for...
a) the addition of prohibitions on assigning young people aged between 15 and 18
- to tasks involving the preparation, use, handling, or exposure to dangerous chemical agents(*) or to carcinogenic, mutagenic, or reprotoxic agents, unless an exemption is granted;
- to work exposing to a vibration level exceeding 2.5 m/s² for hand-arm vibrations or 0.5 m/s² for whole-body vibrations;
- to work likely to expose them to artificial optical radiation where there is a risk of exceeding exposure limit values. However, it is possible to derogate from this prohibition;
- to temporary work at height when the prevention of the risk of falling from a height is not ensured by collective protective measures;
- to work exposing to biological agents of group 3 or 4;
- to work exposing them to extreme temperatures likely to harm health;
- to work involving trees. This prohibition previously applied to young people under 16 in agricultural establishments and farms;
- to molten metal casting work without an exemption request. Previously, only young people under 17 were subject to this prohibition.
(*) : with the exception of oxidizing and/or environmentally hazardous substances or mixtures.
b) the addition of exemptions for the assignment of young people aged between 15 and 18
- to the assembly and dismantling of scaffolding;
- to carrying out work involving handling, monitoring, control, and intervention operations on pressure equipment;
- to carrying out operations (e.g., cleaning, maintenance, etc.) in confined spaces such as tanks, cisterns, reservoirs, sewers, etc.;
- to operating self-propelled mobile work equipment and lifting work equipment;
- to operations likely to generate exposure to asbestos fiber dust levels of level 1 or 2.
c) the removal of certain points such as
- weight limitations by age and gender in the case of manual handling of loads;
- prohibitions for minor workers from being employed at outdoor retail displays;
- the possibility for apprentices in their final year to be assigned to animal slaughtering tasks;
- the possibility of waiving the prohibition on assigning apprentices or students to tasks involving contact with animals (slaughter, rendering, ferocious animals).
Decree No. 2013-915 of October 11, 2013, also specifies the employment conditions for young people aged 14-16 during school holidays.
It is now stated that young minor workers aged 14-16 can only be assigned to light work that is not likely to harm their safety, health, or development.
Furthermore, the employment of a minor aged between 14 and 16 can now only occur if they have continuous rest for at least half of their holiday days.
These amendments of October 11, 2013, came into force on October 14, 2013. Individual authorizations granted under previous provisions are valid until their expiry.