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Do you work in conditions of sufficient safety, hygiene and comfort?


The employer must respect very strict hygiene conditions. The premises must be kept in a constant state of cleanliness. They must present the conditions of hygiene and healthiness essential to the health of the employees. A daily cleaning must therefore be done in all the premises of the company. The air must also be renewed to preserve the purity of the atmosphere and to avoid excessive temperature increases, unpleasant odors and condensation.


The employer must also respect certain safety conditions. In particular, he must monitor the noise level in the company. In the event of proven risks, the employer must take the necessary measures to stop or reduce them. When the level of daily noise exposure is very high, individual hearing protection must be provided by the employer to exposed employees. In addition, smoking is prohibited in the company. This smoking ban must be clearly and conspicuously displayed. The employer has the possibility, but in no case the obligation, to make available to smokers reserved places called “smoking rooms”. Measures must also be taken for the prevention of fires, the organization of rescue and the training of fire personnel.


Work premises must have sufficient lighting, whether natural or artificial. The premises must be heated during the cold period in such a way as to maintain a sufficient and suitable temperature without resulting in harmful emissions. If employees work on computers, the employer must ensure that visual fatigue is limited by providing sufficient brightness for the screens and planning regular breaks or changes in activity in order to periodically interrupt screen work.


The employee must immediately report the malfunction noted to the employer. He can alert the labor inspectorate, which then conducts an investigation, or seize the hygiene committee. If he considers that the malfunction is dangerous for his safety, the employee can exercise a right of withdrawal without having to ask for the agreement of the employer and cease all activity in the company. If the malfunction persists, the industrial tribunal can be seized by the employee and the labor inspectorate. The employer incurs a fine of 3,750 euros. A criminal complaint can also be filed.
DAMY Law Firm, Nice, Occupational Health and Safety Rules, Update 2022