SAFETY HYGIENE AND WORKING CONDITIONS COMMITTEES
LexInter | November 2, 2002 | 0 Comments

SAFETY HYGIENE AND WORKING CONDITIONS COMMITTEES

LABOR CODE (Legislative Part)
Chapter 6: Health, safety and working conditions committees
Article L236-1
(Law n ° 82-1097 of December 23, 1982 art. 6 date of entry into force July 1, 1983 Official Journal of December 26, 1982) (Law n ° 85-10 of January 3, 1985 art. 19 Official Journal of January 4, 1985 ) (Law n ° 91-1414 of December 31, 1991 art. 16, art. 31 Official Journal of January 7, 1992 in force on July 1, 1992)

Health, safety and working conditions committees are set up in the establishments mentioned in article L. 231-1 employing at least fifty employees. The workforce is calculated according to the methods defined in article L. 431-2.

The establishment of a health, safety and working conditions committee is only necessary if the workforce of at least fifty employeeshas been achieved for twelve consecutive months or not during the three preceding years. In the absence of a health, safety and working conditions committee in establishments with fifty or more employees, the staff representatives of these establishments have the same missions and resources as the members of said committees; they are also subject to the same obligations.

The labor inspector may require the creation of a committee in establishments with a smaller workforce when this measure is necessary, in particular because of the nature of the work, the layout or the equipment of the premises. This decision is subject to a complaint before the regional director of labor and employment under the conditions of time and procedure set out in article L. 231-5-1.

In establishments with fewer than fifty employees, the staff representatives are entrusted with the missions devolved on the members of the health, safety and working conditions committee which they exercise within the framework of the means provided for in article L. 424. -1 .

Companies with fewer than fifty employees can come together on a professional or inter-professional level with a view to setting up a health, safety and working conditions committee.

In the building and public works branch of activity, the provisions of this article apply, to the exclusion of the third paragraph, to establishments usually employing at least fifty employees. In addition, in companies employing at least fifty employees in which no establishment is required to set up a committee, on the proposal of the labor inspector referred to by the works council or, in the absence of the latter Here by the staff representatives, the regional director of labor and employment can impose the creation of a committee when this measure is necessary because of the particular danger of the activity or the importance of the observed risks. The establishment ofarticle L. 231-2.

CREATION OF A HEALTH, SAFETY AND WORKING CONDITIONS COMMITTEE

Staffing conditions

Work inspection

Articles

Health and safety: prevention of chemical and explosion risks in the workplace, DRT Circular number 2001-5 of November 15, 2001, Social Bulletin Francis Lefebvre, n ° 1, 01/01/2002, pp. 38-40

The expert from the CHSCT and the Cour de cassation, Pansier, Frédéric-Jérôme, Cahiers sociales du Barreau de Paris, n ° 134, 01/11/2001, pp 393-399

Health, safety and working conditions committees, Droit ouvrier, n ° 637, 01/09/2001, pp. 384-386

FULL TEXT JURISPRUDENCE
CHSCT
Article L236-2
(Law n ° 82-1097 of December 23, 1982 art. 6 date of entry into force July 1, 1983 Official Journal of December 26, 1982) (Law n ° 86-1320 of December 30, 1986 art. 20 III 2 ° Official Journal of December 31, 1986) (Law n ° 91-1414 of December 31, 1991 art. 23 Official Journal of January 7, 1992 in force on December 31, 1992) (Law n ° 92-1179 of November 2, 1992 art. 5 Official Journal of November 4 1992) (Ordinance n ° 2001-175 of February 22, 2001 art. 2 Official Journal of February 24, 2001)

The role of the health, safety and working conditions committee is to help protect the health and safety of the establishment’s employees and those made available to it by an external company, including workers. temporary, as well as to the improvement of working conditions, in particular with a view to facilitating the access of women to all jobs and to respond to the problems related to maternity. It is also responsible for ensuring compliance with the legislative and regulatory requirements adopted in these matters.

The committee analyzes the occupational risks to which the establishment’s employees may be exposed, as well as analyzes the working conditions. It also analyzes the occupational risks to which pregnant women may be exposed.

The committee carries out inspections at regular intervals in the performance of its duties, the frequency of these inspections being at least equal to that of the committee’s regular meetings. It carries out investigations into work accidents, occupational diseases or of an occupational nature.

The committee contributes to the promotion of the prevention of occupational risksin the establishment and sparks any initiative that it considers useful in this perspective. To this end, it can propose preventive actions. If the employer refuses to do so, he must justify his decision.

The committee gives its opinion on the documents relating to its mission, in particular on the internal regulations.
The committee can propose preventive actions in matters of sexual harassment.    The committee is consulted before any major development decision modifying health and safety conditions or working conditions.

and, in particular, before any major transformation of the workstations resulting from the modification of the tools, a change of product or the organization of work, before any modification of the rates and the standards of productivity related or not to the remuneration of work. In companies without a health, safety and working conditions committee, staff representatives and, in companies without a staff representative, employees must be consulted by the employer on the matters mentioned in c of III of article L. 230-2.
The committee is consulted on the adaptation plan provided for in the second paragraph of thearticle L. 432-2 of the same code.
In establishments comprising one or more installations subject to authorization under article 3 of law n ° 76-663 of July 19, 1976 relating to installations classified for the protection of the environment, the committee is consulted by the head of he is drawn up on the documents drawn up for the public authorities responsible for environmental protection and he is informed of the requirements imposed by these same authorities. The list of documents that must be submitted to it for opinion or brought to its attention is drawn up under the conditions set out in Article L. 236-12.

The committee is consulted on the measures taken with a view to facilitating the putting, returning or keeping at work of work-related injuries, war invalids, civilian invalids and disabled workers, in particular on the layout of workstations.

The committee decides on any matter within its competence referred to it by the head of the company or establishment, the works or establishment committee and the staff representatives.

The committee can ask to hear the head of a neighboring establishment whose activity exposes the employees of its jurisdiction to particular nuisances: it is informed of the follow-up reserved for its observations.
The committee sets the missions that it entrusts to its members for the accomplishment of the tasks provided for in the above paragraphs.

MISSION OF THE HEALTH, SAFETY AND WORKING CONDITIONS COMMITTEE

women’s access to employment

the problems related to maternity

prevention of occupational risks

opinion on the internal regulations

prevention of sexual harassment

major adjustments modifying working conditions

adaptation plan  opinion

measures for accident victims, invalids and disabled workers, workstation layout

HYGIENE

SECURITY

Article L236-2-1
(inserted by Law n ° 82-1097 of December 23, 1982, date of entry into force July 1, 1983 art. 6 Official Journal of December 26, 1982)

The health, safety and working conditions committee meets at least every quarter on the initiative of the head of the establishment, more frequently if necessary, particularly in high-risk branches of activity.

It also meets following any accident that has or may have resulted in serious consequences or at the justified request of two of its staff representative members.

MEETINGS OF THE COMMITTEE
Article L236-3
Law n ° 82-1097 of December 23, 1982 art. 6 date of entry into force July 1, 1983 Official Journal of December 26, 1982) (Law n ° 91-1414 of December 31, 1991 art. 17 Official Journal of January 7, 1992 in force on December 31, 1992)

The health, safety and working conditions committee receives from the head of the establishment the information he needs to perform his duties , as well as the means necessary for the preparation and organization of meetings and travel required by investigations or inspections.

The members of the committee are bound by an obligation of discretion with regard to information of a confidential nature and given as such by the head of the establishment or his representative.
They are also bound by professional secrecy in all matters relating to manufacturing processes.

INFORMATION AND MEANS TO BE PROVIDED BY THE EMPLOYER

 

OBLIGATION OF DISCRETION

Information provided by the school head or his representative

PROFESSIONAL SECRET

Manufacturing processes

 

Article L236-4
(Law n ° 82-1097 of December 23, 1982 art. 6 date of entry into force July 1, 1983 Official Journal of December 26, 1982) (Law n ° 91-1414 of December 31, 1991 art. 18 Official Journal of January 7, 1992 in force on December 31, 1992)

At least once a year, the head of the establishment presents to the health, safety and working conditions committee:
– a written report taking stock of the general health, safety and working conditions situation. work in its establishment and concerning the actions carried out during the past year in the fields defined in article L. 236-2;
– an annual program to prevent occupational risks and improve working conditions.

This program is established on the basis of the analyzes defined in the second paragraph of article L. 236-2 and, if applicable, information appearing in the social balance sheet defined in article L. 438-1; it establishes the detailed list of the measures to be taken during the coming year in the same areas in order to meet the requirements of Articles L. 230-2, L. 232-1, L. 233-1, L. 231-3-1 and L. 231-3-2; it specifies, for each measure, its conditions of execution and the estimate of its cost.

The committee gives an opinion on the report and on the program; it may propose an order of priority and the adoption of additional measures. This notice is sent for information to the labor inspector.

When some of the measures planned by the head of the establishment or requested by the committee have not been taken during the year concerned by the program, the head of the establishment must state the reasons for this non-performance, as an appendix to the report. provided for in the second paragraph.

The head of the establishment transmits the report and the program to the works or establishment committee for information, together with the opinion formulated by the health, safety and working conditions committee.

The minutes of the meeting of the health, safety and working conditions committee devoted to examining the report and the program must be attached to any request presented by the head of the establishment with a view to obtaining contracts. public, public participation, subsidies, bonuses of any kind or social or tax advantages.

In construction and public works companies employing between 50 and 299 employees and not having a health, safety and working conditions committee, the provisions of this article are implemented by the works council.

REPORT AND PROGRAM TO BE PRESENTED BY THE HEAD OF ESTABLISHMENT

 

 

Article L236-5
(Law n ° 82-1097 of December 23, 1982 art. 6 date of entry into force July 1, 1983 Official Journal of December 26, 1982) (Law n ° 85-10 of January 3, 1985 art. 20 Official Journal of January 4, 1985 )

The health, safety and working conditions committee comprises the head of the establishment or his representative and a staff delegation whose members are appointed by a college made up of the elected members of the works or establishment committee and staff representatives. The head of the establishment transmits the minutes of the meeting of this college to the labor inspector.

The composition of this delegation, taking into account the number of employees reporting to each committee, the other conditions for appointing staff representatives as well as the list of people who attend committee meetings in an advisory capacity, taking into account the functions they perform in the establishment, are set by regulation.
Disputes relating to the delegation of staff representatives to the committee fall under the jurisdiction of the district court which rules in the last resort. The decision can be referred to the Court of Cassation.
When a dispute makes it essential to have recourse to an investigative measure, the expenses relating to this measure shall be borne by the

The occupational physician (s) responsible for the medical supervision of personnel must appear on the list mentioned in the second paragraph.

The health, safety and working conditions committee is chaired by the head of the establishment or his representative. The committee nominates a secretary from among the staff representatives. The agenda for each meeting is drawn up by the chairman and the secretary and sent to the members of the committee and to the labor inspector under conditions set by regulation. The committee may call in an advisory and occasional capacity for the assistance of any person from the establishment who it deems qualified.

COMPOSITION OF THE COMMITTEE
Article L236-6
(inserted by Law n ° 82-1097 of December 23, 1982 art. 6, date of entry into force July 1, 1983 Official Journal of December 26, 1982)

In establishments usually employing 500 or more employees, the works or establishment committee determines, in agreement with the employer, the number of health, safety and working conditions committees that must be set up, given taking into account the nature, frequency and seriousness of the risks, the size and distribution of the premises or groups of premises, the number of workers employed in these premises or groups of premises as well as the methods of work organization. It takes, if necessary, the necessary measures to coordinate the activity of the various health, safety and working conditions committees.

In the event of disagreement with the employer, the number of separate committees as well as the coordination measures are fixed by the labor inspector. This decision is subject to a complaint before the regional director of labor and employment under the conditions of time and procedure set out in article L. 231-5-1.

FORMATION OF SEPARATE COMMITTEES
Article L236-7
(Law n ° 82-1097 of December 23, 1982 art. 6 date of entry into force July 1, 1983 Official Journal of December 26, 1982) (Law n ° 91-1414 of December 31, 1991 art. 19 Official Journal of January 7, 1992 in force on December 31, 1992)

The head of the establishment is required to leave each of the staff representatives on the health, safety and working conditions committee the time necessary for the performance of their duties. This time is at least equal to two hours per month in establishments employing up to 99 employees, five hours per month in establishments employing 100 to 299 employees, ten hours per month in establishments employing 300 to 499 employees, fifteen hours per month in establishments employing 500 to 1,499 employees, twenty hours per month in establishments employing 1,500 or more employees. This time may be exceeded in exceptional circumstances.

When several health, safety and working conditions committees are created in the same establishment under the conditions provided for in the previous article, the hours allocated to staff representatives according to the terms of the first paragraph above are calculated on the basis of of the number of employees reporting to each committee.
Staff representatives can divide the time they have available among themselves; they inform the head of the establishment.

This time is automatically considered as working time and paid on the normal due date. In the event of a dispute by the employer of the use made of the time thus allocated, it is up to him to refer the matter to the competent court.
Time spent in meetings, in inquiries after a serious industrial accident or repeated incidents that have revealed a serious risk or a serious occupational or occupational disease, or in seeking preventive measures in any emergency and serious situation , in particular during the implementation of the procedure provided for in Article L. 231-9, is also paid as actual working time and is not deducted from the hours provided for in the first paragraph.

The labor inspector must be notified of all meetings of the health, safety and working conditions committee and may attend them.
During the visits made by the inspector or the labor controller, the staff representatives on the health, safety and working conditions committee must be informed of his presence by the head of the establishment and must be able to present their observations.

Article L236-8
(inserted by Law n ° 82-1097 of December 23, 1982 art. 6, date of entry into force July 1, 1983 Official Journal of December 26, 1982)

With regard to its operating methods and the organization of its work, the decisions of the health, safety and working conditions committee are adopted according to the procedure defined in the third paragraph of article L. 434-3. The same applies to resolutions that the health, safety and working conditions committee may be called upon to adopt.

COMMITTEE DECISIONS AND RESOLUTIONS

 

Article L236-9
(Law n ° 82-1097 of December 23, 1982 art. 6 date of entry into force July 1, 1983 Official Journal of December 26, 1982) (Law n ° 91-1414 of December 31, 1991 art. 20 Official Journal of January 7, 1992 in force on December 31, 1992) (Law n ° 95-116 of February 4, 1995, art. 98 Official Journal of February 5, 1995)

I. – The health, safety and working conditions committee may call on an approved expert:
1 ° When a serious risk, whether or not revealed by an accident at work, an occupational disease or of a professional nature is observed in the building ;
2 ° In the event of a major project modifying health and safety conditions or working conditions, provided for in the seventh paragraph of article L. 236-2  ; the expertise must be made within one month; this period may be extended to take account of the needs of the expertise; the total period cannot exceed forty-five days.
The conditions under which the experts mentioned above are approved by the ministers responsible for labor and agriculture are set by regulation.

II. – In the event that the works or establishment committee calls on an expert, in application of the fourth paragraph of article L. 434-6, on the occasion of a major project to introduce new technologies , the health, safety and working conditions committee must, if it wishes additional expertise on working conditions, call on this expert.

III. – Expertise fees are the responsibility of the employer.
If the employer intends to contest the need for the expertise, the appointment of the expert, the cost, the scope or the time limit for the expertise, this challenge is brought before the president of the tribunal de grande instance ruling urgently.
The employer cannot oppose the expert’s entry into the establishment. It provides it with the information necessary for the performance of its mission.
The expert is bound by the obligations of secrecy and discretion as defined in article L. 236-3.

USE OF AN EXPERT

Case law on expert fees

CHSCT

Articles

The expert from the CHSCT and the Cour de cassation, Pansier, Frédéric-Jérôme, Cahiers sociales du Barreau de Paris, n ° 134, 01/11/2001, pp 393-399

Article L236-10
(Law n ° 82-1097 of December 23, 1982 art. 6, date of entry into force July 1, 1983 Official Journal of December 26, 1982)

(Law n ° 84-575 of July 9, 1984 art. 58 Official Journal of July 10, 1984)

(Law n ° 91-1414 of December 31, 1991 art. 21 Official Journal of January 7, 1992 in force on December 31, 1992)

(Ordinance n ° 2001-175 of February 22, 2001 art. 3 Official Journal of February 24, 2001)

The staff representatives on the health, safety and working conditions committee receive the training necessary for the performance of their duties. This training is renewed when they have exercised their mandate for four years, consecutive or not.
In the establishments referred to in the second and fourth paragraphs of Article L. 236-1 where there is no health, safety and working conditions committee, and in which the staff representatives have devolved missions to the members of this committee, the staff representatives benefit from the training provided for in the previous paragraph.
Training is provided for establishments employing three hundred employees or more, under the conditions set out in the first and second paragraphs of article L. 434-10.
For establishments with fewer than three hundred employees, these conditions are set by the branch collective agreement or, failing this, by specific provisions set by regulation.
The financial burden of training staff representatives on the health, safety and working conditions committee falls on the employer under the conditions and limits set by regulation.

Article L236-11
(inserted by Law n ° 82-1097 of December 23, 1982 art. 6 Official Journal of December 26, 1982)

The provisions of Articles L. 436-1, L. 436-2 and L. 436-3 are applicable to employees who sit or have served as staff representatives on a health, safety and working conditions committee. .

Article L236-12
(inserted by Law n ° 82-1097 of December 23, 1982 art. 6, date of entry into force July 1, 1983 Official Journal of December 26, 1982)

Decrees issued by the Council of State lay down the measures necessary for the application of this chapter, in particular Articles L. 236-1, L. 236-2, L. 236-3, L. 236-4, L. 236- 5. They adapt the provisions to the establishments mentioned in article 2 of title IV of the general statute of civil servants of the State and of the territorial collectivities, to the companies or establishments where the personnel is dispersed, as well as to the companies or establishments operating on a same site, in the same building or in the same room.

Article L236-13
(Law n ° 82-1097 of December 23, 1982 art. 6, date of entry into force July 1, 1983 Official Journal of December 26, 1982) (Law n ° 84-575 of July 9, 1984 art. 61 Official Journal of July 10, 1984) )

The foregoing provisions do not preclude more favorable provisions concerning the operation, composition or powers of the health, safety and working conditions committees resulting from collective or customary agreements.

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