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The CHSCT (*) is mandatory in establishments with at least 50 employees. In establishments with fewer than 50 employees, employee delegates (DP) have the same missions and obligations as CHSCT members. [Articles L. 4611-1 to L. 4611-6 of the French Labor Code (CdT)]
Composition and appointment of the CHSCT
The CHSCT comprises the employer (who chairs it) and a staff delegation whose members are appointed by a college made up of the elected members of the works council and staff delegates. The secretary of the CHSCT must be chosen from among the staff representatives.
The number of employee representatives on the committee depends on the number of employees in the establishment (Example: For establishments with 199 employees or less, 3 representatives, one of whom must be a supervisor or manager).
Staff representatives on the CHSCT are appointed for a two-year term. Their mandate is renewable. The replacement of a member during his or her term of office must be made within one month, unless there are only 3 months remaining in the term. In this case, the CHSCT representative will not be replaced.
A list of the names of the members of each CHSCT is posted in the work premises. It indicates where each member usually works.
The occupational physician is an ex-officio member. The labor inspector and the representative of the CARSAT prevention department are invited to all meetings. The person entrusted by the employer with occupational health and safety issues (HR, safety manager, etc.) attends CHSCT meetings in an advisory capacity;
[Articles. L. 4613-1 to L. 4613-4 and articles R. 4613-1 to R. 4613-12 of the CdT].
Duties and powers of the CHSCT
The missions of the CHSCT are as follows:
- contribute to the protection of health and safety
- help improve working conditions
- ensure compliance with legal requirements
- take part in the assessment of occupational risks(single document) to which the plant's workers may be exposed, as well as in the analysis of working conditions and hardship factors
- promote occupational risk prevention within the company
- carry out internal inspections
- take part in investigations into accidents at work or occupational illnesses
The CHSCT must be consulted on :
- a development project
- a major transformation of workstations
- a project to introduce new technologies
- an adaptation plan for the implementation of major, rapid technological changes
- measures taken to facilitate the entry, return or continued employment of people injured in the workplace
- documents relating to its mission, in particular internal regulations
- documents intended for the public authorities responsible for environmental protection, in the case of a facility with one or more installations subject to authorization.
Once a year, the employer presents to the CHSCT the annual report and the annual program for preventing occupational hazards and improving working conditions.
[Articles L. 4612-1 to L. 4612-18 and articles R. 4612-1 to R. 4612-9 of the CdT]
How it works
The operating rules are as follows:
Delegation hours:
The number of delegation hours varies according to the number of employees in the establishment (e.g.: five hours per month per member in establishments employing between 100 and 299 employees). Staff representatives may divide the number of delegation hours they have among themselves. They must inform the employer. Time spent on delegation is automatically considered as working time, and is paid at the normal rate.
About meetings :
- A CHSCT meeting is held at least once a quarter (and more frequently if necessary);
- the agenda for the CHSCT meeting must be sent by its chairman at least 15 days before the date set for the meeting, except in exceptional cases justified by urgency. This agenda is sent to the CHSCT members, the labor inspector and the CARSAT prevention officer;
- when the CHSCT meeting includes the examination of written documents, these must be attached to the agenda;
- The minutes of CHSCT meetings, as well as the report and the occupational risk prevention program presented to the CHSCT each year, must be kept (with no time limit);
- inspection reports concerning health and safety at work, as well as observations made by the labor inspector or the CRAM prevention officer, are presented to the CHSCT at the first meeting following their receipt by the employer.
About training :
- in establishments with fewer than 300 employees, the duration of training for CHSCT staff representatives is set at 3 days, in the absence of a collective agreement (for establishments with 300 or more employees, the duration can be up to 5 days; see article L. 4614-15);
- training for staff representatives on the CHSCT is provided either by organizations whose courses give entitlement to leave for economic and trade union training, the list of which is set by ministerial decree, or by organizations approved by the regional prefect;
- Training leave is taken in a single instalment, unless the employer and beneficiary agree to take it in two instalments;
- travel and training expenses are covered by the employer up to the maximum amounts (defined in Article R. 4614-33).
Concerning the use of an expert :
The CHSCT may call in an approved expert when a serious risk, an accident at work, an occupational disease or a disease of a professional nature is observed in the establishment, or in the event of a major project modifying health and safety conditions or working conditions. The expert assessment, the cost of which is borne by the employer, must be carried out within one month.
Concerning CHSCT participation in prevention plans:
In particular, the CHSCT must be informed of the date of the joint inspection prior to drafting the prevention plan, of the dates of periodic inspections and coordination meetings, and of any emergency situation. Prevention plans must be made available to the CHSCT.
A list of the company's CHSCT members and the list(s) of service providers working on site must also be posted (at staff entry and exit points).
Concerning intervention procedures in the event of serious and imminent danger:
The CHSCT can record situations where the health and safety of employees is threatened in the register of serious and imminent danger (the register is made available to the CHSCT by the employer). The employer is also required to conduct an immediate investigation with the CHSCT representative who reported the danger.
The employer must take the necessary measures to remedy this danger.
In the event of disagreement between the CHSCT and the employer (on the actual danger and/or on the action to be taken), an extraordinary meeting of the CHSCT is organized within a maximum of 24 hours; in this case, the work inspector and the CRAM controller will be notified.
[Articles L. 4614-1 to L. 4614-16 and articles R. 4614-1 to R. 4614-36 of the CdT]
[Articles R. 4514-1 to R. 4514-10 of the CdT]
[Articles L. 4132-1 to L. 4132-5 and D. 4132-1 & D. 4132-2 of the CdT]
(*) CHSCT = Comité d'Hygiène, de Sécurité et des Conditions de Travail (Health, Safety and Working Conditions Committee)