CSE, CSSCT: What are the occupational health and safety responsibilities of the representative bodies?

In addition to their traditional responsibilities, employee representative bodies now play a major role in risk prevention. In this article, find out more about the main occupational health and safety responsibilities of the social and economic committee (CSE) and the health, safety and working conditions commission (CSSCT).

How does the CSE contribute to risk prevention in the workplace?

What is the CSE?

Implemented by the "Macron" ordinances in 2017, the social and economic committee (CSE) is the new single employee representation body and has replaced the former bodies (employee delegates, works council and CHSCT), taking over all their prerogatives.

The introduction of a single body of this kind aims to decompartmentalize social dialogue by centralizing discussions around a single organization. The CSE can also operate flexibly, thanks to company agreements that define certain rules of social negotiation.

The CSE is mandatory in all companies with at least eleven employees (article L2311-2 C. trav.), and comprises the employer, who chairs the CSE, as well as full and alternate members elected in professional elections.

The primary objective of the CSE is to ensure the collective expression of employees and their interests, notably through social dialogue. However, the CSE is also entrusted with a number of tasks and responsibilities relating to employee health, safety and working conditions (article L2312-9 C. trav.).

What are the CSE's responsibilities in OHS?

The aim of the CSE is to represent employees, in particular by ensuring their health and safety and improving their working conditions. The CSE's OHS responsibilities are therefore wide-ranging, and increase in line with the size of the company's workforce.

In all companies with at least eleven employees, the CSE is responsible for(article L2312-5 C. trav.) :

• promote employee health, safety and improved working conditions;
• carry out investigations into occupational accidents and illnesses.

In addition, all CSEs are required to appoint an anti-sexual harassment and gender-based harassment officer. This person is responsible for managing conflicts linked to sexual harassment within the company, and as such participates in the prevention of this occupational risk(article L2314-1 C. trav.). It also aims to combat psychosocial risks (RPS) in the workplace.

In larger companies, the CSE is assigned other important OHS-related tasks. In companies with at least 50 employees, in addition to the above-mentioned prerogatives, the CSE is responsible for:

• carry out an analysis of occupational risks and update the occupational risk assessment document (DUERP) (article L2312-9 C. trav.) ;
• contribute to facilitating women's access to all jobs as well as the access and retention of disabled people in all jobs throughout their working lives(article L2312-9 C. trav.);
• encourage any initiative it deems useful and, in particular, propose actions to prevent moral harassment, sexual harassment and sexist harassment (article L2312-9 C. trav.);
• carry out OHS inspections at regular intervals (article L2312-13 C. trav.);
• exercise the right to alert in the event of serious and imminent danger or infringement of people's rights(article L2312-60 C. trav. and article L2312-59 C. trav.).

Carrying out an analysis of occupational risks is one of the main responsibilities of the CSE in terms of health, safety and working conditions. Formalized in the DUERP, risk assessment can also be complemented by the implementation of an ergonomic approach within the company, with the help of an ergonomics specialist.

Again in companies with at least 50 employees, the CSE must be consulted annually on social policy, including the implementation of OHS prevention initiatives (article L2312-27 C. trav.). As part of this annual consultation, the employer must present to the CSE :

• an annual written report on the overall health, safety and working conditions situation in the company;
• the annual program to prevent occupational hazards and improve working conditions.

The opinion of the CSE in the context of these consultations is not binding on the employer, but the latter must justify any failure to take them into account.

The CSE must also be consulted on the introduction of new technologies and on any changes likely to modify or alter employees' working conditions(article L2312-8 C. trav.).

💡 In the event of a workplace accident, the employer is liable for inexcusable fault if if he has been previously warned of the danger by the CSE or by a worker within the framework of the right to alert (article L4131-4 C. trav.).

What resources does the CSE have at its disposal to carry out its OHS missions?

CSE meetings and players

In companies with at least 50 employees, the CSE must meet at least four times a year to discuss its responsibilities in terms of health, safety and working conditions (article L2315-27 C. trav.). It is also compulsory to organize a meeting of the CSE to discuss OHS issues:

• following any accident which has resulted or may have resulted in serious consequences;
• in the event of a serious event linked to the company's activity that has harmed or could have harmed public health or the environment;
• at the motivated request of two of its members.

These meetings enable staff representatives to become genuinely involved in occupational risk prevention. They also enable the participation of various company players, such as the occupational physician, the person in charge of the safety and working conditions department, the labor inspectorate and the prevention departments of social security organizations(article L2314-3 C. trav.).

Access to company documents

In order to carry out its duties, the CSE has access to all mandatory documents relating to health, safety and working conditions, as well as certain documents concerning the company's social conditions. These documents include

• the single document for assessing occupational risks (DUERP)(article L4121-3 C. trav.) ;
• the register of serious and imminent dangers(article L4131-2 C. trav.) ;
• safety register ;
• documents relating to workplace accidents and absenteeism;
• the company's social balance sheet(article L2312-30 C. trav.);
• the company's economic and social database (BDESE)(article L2312-36 C. trav.).

Surveys, inspections and expertise

In addition to the possibility of carrying out inquiries and inspections in OHS, the CSE and, where applicable, its committees have the option of calling in expert reports(article L2315-78 C. trav.). The number of such expert appraisals in connection with recurrent consultations of the CSE is determined by company agreement.

💡 Employers are responsible for financing expert appraisals when they concern a serious risk to the company or employees' working conditions (article L2312-30 C. trav.).

SST training

As part of their duties, members of the CSE employee delegation are entitled to five days' training for newly elected members, and three days for those renewing their mandate(article L2315-18 C. trav.).

In addition, in companies with special risks, CSE members receive specific training on the company's risks(article L4523-10 C. trav.).

Local representative

Where the CSE has set up a local representative, the latter may also be assigned OHS tasks by company agreement(article L2313-7 C. trav.).

What are the responsibilities of the health, safety and working conditions committee (CSSCT)?

When and how to set up a CSSCT?

The health, safety and working conditions committee is mandatory in separate companies and establishments with at least 300 employees (article L2315-36 C. trav.).

It is also compulsory for companies with special risks, such as nuclear facilities, facilities handling hazardous substances, and underground cavern developments and operations.

💡 S pecial-risk companies have an expanded CSSCT that includes representation from outside companies (L4523-11 C. trav.).

The CSSCT is chaired by the employer and comprises at least three members of the CSE, appointed by the latter by majority resolution of the members present(article L2315-39 C. trav.).

What is the role of the CSSCT?

The Health, Safety and Working Conditions Committee (CSSCT) is an offshoot of the Works Council, and assists it in carrying out its OHS missions.

The CSE may (or must, in companies where a CSSCT is compulsory) delegate all or part of its health, safety and working conditions responsibilities to the CSSCT(article L2315-38 C. trav.). Depending on the missions and powers delegated to it, the CSSCT will therefore take on the CSE's OHS missions.

However, the CSSCT cannot replace the CSE in its consultations (article L2315-38 C. trav.). Indeed, when the CSE has to give an opinion on an OHS situation, its opinion will be the last to be taken into account, whatever the conclusions of the CSSCT.

In addition, the CSSCT cannot call in an expert, but can only make a proposal to the CSE.

In addition to the functions delegated to it, the CSSCT works in close collaboration with the CSE, guiding and advising the latter on the various decisions and consultations concerning OHS. It is particularly useful in large companies, as well as in companies where risk prevention is a major issue.

The French Labor Code does not contain any specific provisions on the operation and resources available to the CSSCT to enable it to carry out its duties. As an emanation of the CSE, it is accepted that the CSSCT has access to almost all the resources of the CSE, notably in terms of meetings, training, access to company documents, salary status, freedom of movement, etc.