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The mandatory workplace postings in companies and the communication of documents to the administration have been simplified by decrees n° 2016-1417 and n° 2016-1418 of October 20, 2016. This simplification allows for the consideration of modern communication methods.
We offer an update on the posting of documents related to occupational safety and health. We will begin with information on the simplification introduced in 2016.
Streamlining of mandatory workplace postings in companies
Internal Regulations (Article R. 1321-1 of the Labor Code)
As a reminder, internal regulations are mandatory for companies with 20 employees or more.
Before the simplification, it had to be posted in workplaces as well as in the premises and at the entrance of premises where hiring takes place. Now, the internal regulations must be communicated by any means to individuals with access to the workplaces or premises where hiring takes place.
Thus, modern communication methods such as emails or intranet can be used to fulfill this communication requirement.
Posting of the list of CSE members (Article R.314-22 of the Labor Code)
The nominal list of members of each Social and Economic Committee is posted in the premises designated for work.
It must indicate the usual workplace of the committee members as well as, where applicable, their participation in one or more committee subcommittees.
Mandatory workplace postings in companies regarding occupational safety and health
As a reminder or for your information, the following information must notably be posted in companies (*):
- the contact details of the occupational physician, emergency services, and the labor inspector in premises normally accessible to workers (Article D. 4711-1 of the Labor Code);
- a notice indicating how workers can access the single risk assessment document (Article R. 4121-4 of the Labor Code);
- the smoking ban in enclosed and covered workplaces (Article R. 3512-7 of the Public Health Code and decree of 1st December 2010 setting out the signage models provided for by Article R. 3511-6 of the Public Health Code);
- fire safety instructions in establishments with more than 50 employees and those where flammable materials are used (Articles R. 4227-37 to R. 4227-41 of the Labor Code);
- collective work schedules
- notice boards for displaying union communications for each union section present in the company
The posting requirement can sometimes be replaced by a "simple" obligation to inform by any means:
- Articles 225-1 to 225-4 of the Penal Code: fight against discrimination in hiring
- notices stating the title of applicable agreements and accords in the establishment
- Articles L3221-1 to L3221-7 of the Labor Code relating to professional and wage equality between men and women)
- Text of Article 222-33-2 of the Penal Code (psychological harassment) and text of Article 222-33 of the Penal Code (sexual harassment)
- Information on the existence of a profit-sharing agreement and its content
(*) We have selected here the regulatory requirements where the term "Posting" clearly appears. In some other cases, documents are mandatory and, although not formally required, should be posted. For example: fire instructions in establishments with 50 employees or fewer - Article R. 4227-37 of the Labor Code.
Conclusion
We invite you to review or re-examine the postings implemented within your company. This will allow you to ensure your compliance on this matter. Furthermore, we recommend implementing periodic checks of the posting requirements in companies and their successful completion.