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

What are the responsibilities of the CSE/CSSCT? What is their primary role in preventing occupational risks?

Clara Godin
Juriste en droit de l'environnement & santé-sécurité au travail
Publication : 
31.07.2023
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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Beyond their traditional duties, employee representative bodies now play a major role in risk prevention. In this article, discover the main 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 within a company?

What is the CSE?

Established by the 2017 "Macron" ordinances, the Social and Economic Committee (CSE) is the new unified body for employee representation and has replaced the former bodies (employee delegates, works council, and CHSCT) by assuming all of their prerogatives.

The implementation of such a single body aims to break down silos in social dialogue by centralizing discussions within one organization. The CSE also benefits from a flexible operating structure, made possible by company agreements that define, among other things, certain rules for social negotiation.

The CSE is mandatory in all companies with at least eleven employees (article L2311-2 of the French Labor Code) and consists of the employer, who serves as chair, as well as full and alternate members elected during professional elections.

The primary objective of the CSE is to ensure the collective expression of employees and their interests, particularly through social dialogue. However, the CSE is also tasked with numerous missions and responsibilities regarding the health, safety, and working conditions of employees (SST) (article L2312-9 of the French Labor Code).

What are the CSE's responsibilities regarding OSH?

The purpose of the CSE is to represent employees, specifically by ensuring their health, safety, and the improvement of their working conditions. The CSE's responsibilities regarding OSH are therefore broad and increase based on the company's headcount.

In all companies with at least eleven employees, the CSE is responsible for (article L2312-5 of the French Labor Code):

  • promoting the health, safety, and improvement of working conditions for employees;
  • conducting investigations into workplace accidents or occupational or work-related illnesses.

Furthermore, all CSEs must appoint a representative for the prevention of sexual harassment and sexist behavior. This representative is responsible for managing conflicts related to sexual harassment within the company and, in this capacity, participates in the prevention of this occupational risk (article L2314-1 of the French Labor Code). They also aim to combat psychosocial risks (PSR) in the workplace.

In larger companies, the CSE is assigned other significant missions related to OSH. Indeed, in companies with at least 50 employees, in addition to the prerogatives mentioned above, the CSE is responsible for :

Conducting a professional risk assessment is one of the primary responsibilities of the Social and Economic Committee (CSE) regarding health, safety, and working conditions.. Formalized in the DUERP (Single Document for Occupational Risk Assessment), risk assessment can also be supplemented by implementing an ergonomic approach within the company with the help of an ergonomics specialist.

Still for companies with at least 50 employees, the CSE must be consulted annually on social policy, including the implementation of occupational health and safety (OHS) prevention measures (Article L2312-27 of the French Labor Code). As part of this annual consultation, the employer must present the following to the CSE:

  • a written annual report summarizing the general situation regarding health, safety, and working conditions within the company;
  • the annual program for the prevention of professional risks and the improvement of working conditions.

The CSE's opinion during these consultations is not binding on the employer; however, the employer must justify why they did not take it into account, if applicable.

The CSE must also be consulted when new technologies are introduced and during any modifications likely to change or affect employees' working conditions (Article L2312-8 of the French Labor Code).

💡 In the event of a workplace accident, the employer is held liable for inexcusable fault if they were previously warned of the danger by the Social and Economic Committee (CSE) or by an employee exercising their right to alert (Article L4131-4 of the French Labor Code).

What resources are available to the CSE to carry out its health, safety, and working conditions (HSWC) duties?

CSE meetings and stakeholders

In companies with at least 50 employees, the CSE must meet at least four times a year to address its responsibilities regarding health, safety, and working conditions (Article L2315-27 of the French Labor Code). Furthermore, it is also mandatory to organize a CSE meeting on HSWC topics:

  • following any accident that has resulted in, or could have resulted in, serious consequences;
  • in the event of a serious incident related to the company's activities that has harmed, or could have harmed, public health or the environment;
  • at the reasoned request of two of its members.

These meetings enable genuine involvement of employee representatives in the prevention of occupational risks. They also allow for the participation of various company stakeholders, such as the occupational physician, the manager in charge of health, safety, and working conditions, the labor inspectorate, and the prevention services of social security organizations (Article L2314-3 of the French Labor Code).

Access to company documents

To carry out its duties, the Social and Economic Committee (CSE) has access to all mandatory documents regarding health, safety, and working conditions, as well as certain documents relating to the company's social conditions. These documents include:

Investigations, inspections, and expert assessments

In addition to the ability to conduct OSH investigations and inspections, the Social and Economic Committee (CSE) and, where applicable, its subcommittees, may seek expert assistance (article L2315-78 of the French Labor Code). The number of such expert assessments conducted as part of the CSE's recurring consultations is determined by company agreement.

💡 The cost of these expert assessments is borne by the employer when they concern a serious risk within the company or the employees' working conditions (article L2312-30 of the French Labor Code).

OSH Training

As part of their duties, members of the employee delegation to the CSE are entitled to mandatory training: five days for newly elected members and three days upon renewal of their term (article L2315-18 of the French Labor Code).

Furthermore, in companies with specific risks, CSE members are entitled to training tailored to the company's particular hazards (Article L4523-10 of the French Labor Code).

Local representative

When the Social and Economic Committee (CSE) has appointed a local representative, they may also be assigned OSH duties through a company agreement (Article L2313-7 of the French Labor Code).

What are the responsibilities of the Health, Safety, and Working Conditions Commission (CSSCT)?

When and how should a CSSCT be established?

The Health, Safety, and Working Conditions Commission is mandatory in companies and distinct establishments with at least 300 employees (Article L2315-36 of the French Labor Code).

It is also mandatory for companies with specific high-risk profiles such as nuclear facilities, sites handling hazardous substances, and underground cavity operations or developments.

💡 High-risk companies must have an expanded CSSCT that includes representation from external contractors (Article L4523-11 of the French Labor Code).

The CSSCT is chaired by the employer and consists of at least three members of the CSE appointed by the latter through a majority resolution of the members present (Article L2315-39 of the French Labor Code).

What is the role of the CSSCT?

The Health, Safety and Working Conditions Commission (CSSCT) is a sub-committee of the CSE that supports it in carrying out its OSH responsibilities.

Indeed, the CSE may (or must, in companies where the CSSCT is mandatory) delegate all or part of its health, safety, and working conditions duties to the CSSCT (Article L2315-38 of the French Labor Code). Depending on the duties and powers delegated to it, the CSSCT will therefore take on the CSE's OSH responsibilities.

However, the CSSCT cannot replace the CSE in the context of its consultations (Article L2315-38 of the French Labor Code). Indeed, when the CSE is required to provide an opinion on an OSH matter, its opinion is the final one, regardless of the CSSCT's conclusions.

Furthermore, the CSSCT cannot commission an expert report; it can only propose one to the CSE.

Beyond the duties delegated to it, the CSSCT works in close collaboration with the CSE, guiding and advising it on various decisions and consultations regarding OSH. It is particularly useful in large companies as well as in businesses where risk prevention is a major priority.

The Labor Code does not provide specific provisions regarding the operation and resources available to the CSSCT to carry out its missions. As an offshoot of the CSE, it is generally accepted that the CSSCT has access to almost all the same resources as the CSE, particularly regarding meetings, training, access to company documents, employee status, freedom of movement, and more.