Must an employer in France appoint a safety professional or an occupational physician?

Yes, from the first employee. Every employer in France, whatever its size, must designate one or more competent employees to handle prevention activities (or, if it lacks the skills, call on registered external specialists), and must belong to or run an occupational health and prevention service (SPST) whose occupational physicians and multidisciplinary team follow the workers' health. Unlike Türkiye, France sets no minimum service hours per worker for these roles.

Short answer

• Prevention role: the employer designates one or more competent employees (salariés désignés compétents) for protection and prevention activities (L. 4644-1), after consulting the social and economic committee (CSE) where one exists (R. 4644-1). There is no minimum number of hours per worker and no legal qualification grade.
• If in-house skills are lacking: the employer may use intervenants en prévention des risques professionnels (IPRP) from its inter-company service or registered with the authorities, after consulting the CSE; it may also call on the CARSAT prevention services with INRS support, the construction-sector body OPPBTP or the national working conditions agency ANACT (L. 4644-1).
• Occupational health: every employer organises or joins an SPST (L. 4622-1); the cost is borne by employers (L. 4622-6).
• Size threshold: an autonomous (in-house, group or establishment) service may be set up when it follows 500 or more employees (D. 4622-5); smaller employers join an inter-company service (SPSTI).
• Who examines workers: occupational physicians (médecins du travail), with collaborating physicians, residents and nurses working under their authority (L. 4622-8).

Two separate duties: prevention competence and occupational health

French law separates the person who organises day-to-day prevention from the medical service.

The designated competent employee

Article L. 4644-1 requires the employer to designate one or more competent employees to deal with protection and prevention of occupational risks. These employees receive health and safety training on the same terms as members of the social and economic committee (L. 4644-1, referring to L. 2315-16 to L. 2315-18). They are designated after the CSE's opinion where a CSE exists, must have the time and means needed for their task and may not suffer discrimination because of their prevention activities (R. 4644-1). They contribute to the risk assessment and the single risk assessment document (DUERP) under L. 4121-3. In a small firm the designated person is often a manager or technician with part-time duties; in a large plant it is usually an in-house health, safety and environment (HSE) department, although the Code does not use that term.

If the company does not have the skills, the employer may, after consulting the social and economic committee (CSE), use the external prevention specialists described in the short answer. Using external help does not transfer the employer's legal responsibility.

The occupational health and prevention service (SPST)

The SPST's main task is to prevent any deterioration of workers' health because of their work. It advises employers, workers and representatives, helps with risk assessment, monitors workers' health according to their risks and contributes to keeping workers in employment (L. 4622-2). Its multidisciplinary team includes occupational physicians, collaborating physicians, residents in occupational medicine, prevention specialists (IPRP) and nurses; the physicians lead and coordinate the team (L. 4622-8).

Membership of an inter-company service is paid by a contribution proportional to the number of workers followed, with complementary services invoiced separately (L. 4622-6).

How France compares with the EU framework and Türkiye

Directive 89/391/EEC asks employers to designate workers for protective and preventive services or to use competent external services, and leaves the details to member states. France applies this through the designated competent employee plus compulsory membership of a medical and prevention service. Türkiye goes further on quantity: Law No. 6331 on Occupational Health and Safety (İş Sağlığı ve Güvenliği Kanunu), Article 6, requires the employer to assign an OSH specialist (iş güvenliği uzmanı) and a workplace physician (işyeri hekimi), employed in-house or through an external service, and the Regulation on OSH Services (İş Sağlığı ve Güvenliği Hizmetleri Yönetmeliği) requires at least the working time the ministry sets by hazard class and headcount. Only under conditions set in Article 6 may an employer take on these services personally.

Common mistakes

• Assuming a small firm needs no one. Both duties apply from the first employee.
• Treating the occupational physician as the safety manager. The physician advises and monitors health; prevention decisions stay with the employer and its designated employee.
• Hiring an external consultant without consulting the CSE. Designating the competent employee and using external prevention specialists both require the CSE's prior opinion where a CSE exists (R. 4644-1 and L. 4644-1).

Related on excodex

• Occupational safety and health in France: law, authorities and employer duties
• Are pre-employment and periodic medical examinations required for workers in France?
• Is a written risk assessment mandatory in France?
• Who must appoint whom: OSH law comparison

Standards and further reading

• Code du travail, articles L. 4644-1, R. 4644-1, L. 4622-1, L. 4622-2, L. 4622-6, L. 4622-8, D. 4622-1 and D. 4622-5: Code du travail numérique
• Loi n° 2021-1018 du 2 août 2021 pour renforcer la prévention en santé au travail
• Council Directive 89/391/EEC, article 7 (protective and preventive services)
• Law No. 6331 on Occupational Health and Safety (Türkiye, Official Gazette 30.06.2012), Article 6: mevzuat.gov.tr

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.