The missions of the CSE and the CSSCT in matters of health and safety at work

The Social and Economic Committee (CSE) is now the employee representative body in companies with at least 11 employees, following the 2017 social dialogue reform, also known as the Macron ordinances. It thus replaces the former Works Council (CE), the Health, Safety and Working Conditions Committee (CHSCT) and the Staff Representatives (DP).

In the area of health, safety and working conditions (HSW), the CSE takes over the tasks that were previously assigned to the CHSCT. For a more specialized approach, particularly in large companies or those with high risk, a Health, Safety and Working Conditions Commission (CSSCT) can be set up to delegate these responsibilities.

It is the responsibility of managers to ensure effective social dialogue on these issues, given that they engage their civil and criminal liability, as well as the overall performance of the company.

With regard to the regulatory framework, the essential provisions are found in the Labour Code, in particular the articles concerning the organisation and operation of the CSE, those relating to the CSSCT, as well as the practical rules of application.

In certain cases, such as companies with more than 300 employees and establishments classified as Seveso high threshold or subject to authorization in the nuclear sector, the establishment of a CSSCT is mandatory, either by decision of the labor inspector or by a collective agreement.

Members of the CSE and the CSSCT must receive training in health and safety, in accordance with Articles L.2315-18 and R.2315-9 of the French Labor Code. When the CSSCT is not established, the CSE assumes all OHS missions, such as analyzing occupational risks, proposing prevention actions, participating in risk assessment via the Single Document for the Assessment of Occupational Risks (DUERP), investigating accidents at work or occupational illnesses, contributing to prevention actions with the occupational health service, participating in the quality of life at work approach, as well as mandatory consultation during major projects or the introduction of new technologies that may impact OHS.

The CSSCT acts as a committee emanating from the CSE, preparing OHS files for CSE meetings, carrying out regular workplace inspections, analyzing work situations, participating in investigations into accidents and occupational illnesses, and contributing to the updating of the DUERP. CSSCT members are trained, carry out site visits and can be involved in QHSE committees.

In the case of alert and withdrawal rights, employee representatives have legal provisions to report serious and imminent dangers to the employer, and employees have the right to withdraw from their positions in the event of serious and imminent danger, without risk of sanctions from the employer. The labor inspectorate may also be called upon in the event of serious breaches of OHS obligations.

In terms of communication, the CSE and the CSSCT inform employees of the results of inspections, investigations and measures taken, raise awareness of occupational risks, collect reports and complaints from staff, regularly communicate on OHS progress and promote a culture of prevention within the company.

It is essential for managers to train CSE and CSSCT members in the prevention of occupational risks, to involve them in projects impacting working conditions, to keep the DUERP up to date in collaboration with staff representatives, to encourage the reporting of risky situations and to promote the role of the CSE and CSSCT as players in the overall performance of the company.

It is essential to consider compliance with the obligations of the CSE and the CSSCT in terms of OHS as a lever for efficiency, attractiveness and sustainable prevention of risks in the company, rather than as a constraint.