CHSCT: Focus on regulations

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The CHSCT (*) is mandatory in establishments with at least 50 employees. In establishments with fewer than 50 employees, staff delegates (DP) have the same missions and obligations as members of a CHSCT. [Articles L. 4611-1 to L. 4611-6 of the Labor Code]

Composition and appointment of the CHSCT

The CHSCT includes the employer (who serves as chair) and a staff delegation whose members are appointed by a college consisting of 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 staff representatives is based on the establishment's headcount (Example: For establishments with 199 employees or fewer, 3 representatives, including one from the supervisory or management staff).

Staff representatives on the CHSCT are appointed for a two-year term. Their mandate is renewable. The replacement of a member during their term must be carried out within one month, unless there are only 3 months left in the term. In that case, the CHSCT representative will not be replaced.

The list of names of the members of each CHSCT is posted on the premises used for work. It indicates the usual workstation of each member.

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 in charge of occupational health and safety issues for the employer (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 Labor Code]

Missions and responsibilities of the CHSCT

The missions of the CHSCT are as follows:

• contribute to the protection of health and safety
• contribute to the improvement of working conditions
• ensure compliance with legal requirements
• participate in the assessment of occupational risks (single document) to which workers at the establishment may be exposed, as well as the analysis of working conditions and hardship factors
• promote the prevention of occupational risks within the establishment
• conduct internal inspections
• participate in investigations into workplace accidents or occupational illnesses

The CHSCT must be consulted regarding:

• a development project
• a significant transformation of workstations
• a project to introduce new technologies
• an adaptation plan established during the implementation of significant and rapid technological changes
• measures taken to facilitate the placement, return, or retention in employment of workplace accident victims
• documents related to its mission, particularly regarding the internal regulations
• documents prepared for public authorities responsible for environmental protection in the case of an establishment containing one or more facilities subject to authorization

Once a year, the employer presents the annual report and the annual program for the prevention of occupational risks and the improvement of working conditions to the CHSCT

[Articles L. 4612-1 to L. 4612-18 and articles R. 4612-1 to R. 4612-9 of the Labor Code]

Operation

The operating rules are as follows:

Regarding delegation hours:

The number of delegation hours varies depending on the size of the establishment (e.g., five hours per month per member in establishments with 100 to 299 employees). Employee representatives may distribute their allocated delegation hours among themselves. They must inform the employer of this arrangement. Time spent on delegation hours is automatically considered working time and is paid at the regular pay cycle.

Regarding meetings:

• a CHSCT meeting is held at least once every quarter (and more frequently if necessary);
• the agenda for the CHSCT meeting must be sent by its chairperson at least 15 days before the scheduled meeting date, except in exceptional cases justified by urgency. This agenda is communicated to the CHSCT members, the labor inspector, and the CARSAT prevention officer;
• when the CHSCT meeting involves the review 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 annually to the CHSCT, must be kept (indefinitely);
• inspection reports concerning occupational health and safety issues, as well as observations sent by the labor inspector or the CRAM prevention officer, are presented to the CHSCT at the first meeting following their receipt by the employer.

Regarding training:

• in establishments with fewer than 300 employees, the duration of training for CHSCT employee representatives is set at 3 days, in the absence of a convention or collective agreement (for establishments with 300 employees or more, the duration can be up to 5 days; see Article L. 4614-15);
• training for CHSCT employee representatives is provided either by organizations whose courses qualify for economic and trade union training leave, as listed by ministerial decree, or by organizations approved by the regional prefect;
• training leave is taken in a single block, unless the employer and the beneficiary agree to split it into two parts;
• travel and training expenses are covered by the employer up to capped amounts (defined in Article R. 4614-33).

Regarding the use of an expert:

The CHSCT may call upon an approved expert when a serious risk, a workplace accident, or an occupational or work-related illness is identified in the establishment, or in the event of a major project that modifies health and safety conditions or working conditions. The expert assessment, the costs of which are borne by the employer, must be completed within one month.

Regarding the CHSCT's participation in prevention plans:

The CHSCT must be informed of the date of the joint inspection prior to drafting the prevention plan, the dates of periodic inspections and coordination meetings, and any emergency situation. Prevention plans must be made available to the CHSCT.

It is also necessary to post (at staff entry and exit points) the list of CHSCT members for the company, as well as those of the service provider(s) working on-site.

Regarding procedures for intervention in the event of a serious and imminent danger:

The CHSCT may record situations where the health and safety of employees are threatened in the register of serious and imminent dangers (this register is kept at the disposal of the CHSCT by the employer). The employer is also required to immediately conduct an investigation with the CHSCT representative who reported the danger.

The employer must take the necessary measures to remedy this danger.

In the event of a disagreement between the CHSCT and the employer (regarding the actual danger and/or the actions to be taken), an extraordinary CHSCT meeting must be organized within a maximum of 24 hours; in this case, the labor 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 Labor Code]
[Articles R. 4514-1 to R. 4514-10 of the Labor Code]
[Articles L. 4132-1 to L. 4132-5 and D. 4132-1 & D. 4132-2 of the Labor Code]

(*) CHSCT = Health, Safety and Working Conditions Committee