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We'd like to take a look back at a little-known regulatory obligation applicable to all companies. Law no. 2013-316 of April 16, 2013 on the independence of expertise in health and environmental matters and the protection of whistleblowers created a chapter in the Labor Code on the right to whistleblowing in public health and environmental matters.
Under this scheme, employees or members of the Works Council are required to alert the employer if they believe that the products or manufacturing processes used or implemented in the establishment pose, or are likely to pose, a serious risk to public health or the environment. The alert must be recorded in writing.
A new chapter in the French Labor Code* sets out the conditions for recording this warning in writing.
The employer must set up a special register with numbered pages. This register is made available to the elected members of the CSE. Any alerts recorded in the register are dated and signed.
It also states:
- products or manufacturing processes presenting a serious risk to public health or the environment for employees or elected members of the CSE;
- any potential consequences for public health or the environment;
- any other information needed to assess the alert.
* The chapter of the Labor Code is made up of articles D. 4133-1 to Art. D. 4133-3; its title: Register for recording alerts concerning public health and the environment in the workplace.