Managing External Companies in France

External companies are regularly called upon to work within the premises of another company—for deliveries, cleaning services, maintenance, equipment repair, etc. The coexistence of multiple activities, or an external company’s unfamiliarity with the work environment, can create significant risks.

Any work or service performed by one or more companies within the premises of a host company must be accompanied by a coordinated prevention strategy, managed by the host company’s management. The goal is to prevent risks arising from the interaction between the activities, equipment, and installations of different companies working on the same site.

A preliminary joint inspection is mandatory and must be conducted under the responsibility of the host company. The host company must invite the managers of the external companies involved in the upcoming intervention. Members of the Social and Economic Committee (CSE) or the Health, Safety, and Working Conditions Commission from each company may also participate. This visit should, in particular, serve to:

• Specify the tasks to be performed, the equipment to be used, and the operating procedures,

• Define the intervention area,

• Identify and mitigate potential dangers for workers resulting from the planned operation,

• Communicate the applicable safety instructions of the host company,

• Indicate traffic routes and access to hygiene facilities (restrooms, changing rooms, dining areas) for the external company employees.

  
  

A risk assessment must be rigorously carried out, accounting for both the tasks performed by each external company and especially the risks created by the co-activity between external and host company activities (i.e., the emergence of new risks). The results of this assessment must be documented and signed by the managers (or representatives) of all involved companies, and subsequently by all external company employees working on the site.

A Prevention Plan must be developed when:

• The cumulative annual time of external company presence exceeds 400 hours (rolling 12-month period),OR

• The tasks involved are classified as hazardous work under the French Labor Code (Decree of March 19, 1993), regardless of time spent.

  
  

As per Decree No. 2008-244 of March 7, 2008, the (non-exhaustive) content of the Prevention Plan must include:

• The definition of hazardous phases and the corresponding specific preventive measures;

• Adaptation of materials, equipment, and systems to the nature of operations, along with maintenance guidelines;

• Instructions to be given to workers;

• Emergency response organization and description of measures implemented by the host company;

• The arrangements for cooperation between companies to ensure safety, including the chain of command.

  
  

The following must also be included in or annexed to the Prevention Plan:

• The distribution of maintenance responsibilities between external companies (especially when their workers use facilities provided by the host company);

• A list of job positions requiring enhanced individual health monitoring due to risks associated with the work performed in the host company;

• If applicable, technical files detailing the identification of materials containing asbestos or asbestos detection reports.

  
  

If the operations involve loading or unloading products or goods, a safety protocol must be drafted. This is a simplified but equally regulatory version of the Prevention Plan (Articles R. 4515-4 and R. 4515-5 of the Labor Code).

However, if—following the joint inspection—the nature of the work falls under construction or civil engineering and the worksite is closed and independent (meaning host company personnel cannot enter it), then a General Health and Safety Coordination Plan (PGCSPS) must be created by a certified Health and Safety Coordinator (SPS).

This PGCSPS will be broken down into as many Specific Health and Safety Plans (PPSPS) as there are external companies working on the site.

The project owner must have the SPS coordinator establish a PGCSPS for construction operations:

• Where the expected workforce exceeds 20 workers at any time and the work is expected to last more than 30 working days;

• Or where the total work volume exceeds 500 worker-days;

• Or where particularly hazardous work (as defined by law) will be performed, even if the above thresholds are not met.

  
  

The PGCSPS must be included among the documents given to contractors intending to bid. If the PGCSPS is not provided in the Call for Tenders (Dossier de Consultation des Entreprises, DCE), neither the project owner nor the SPS coordinator can require contractors to submit a PPSPS.

These two documents are interdependent, and the PGCSPS must be used as a basis for drafting the PPSPS.

Lastly, these many and often extensive documents do not eliminate the potential requirement—depending on circumstances and sometimes cumulatively—of drafting hot work permits, work authorizations, or confined space entry permits. But I’ll save that topic for another article.