The Social and Economic Committee (CSE) is now the employee representative body in companies with at least 11 employees, following the 2017 reform of social dialogue, also known as the Macron ordinances. It 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 Works Council (CSE) takes over the responsibilities formerly held by the Health, Safety, and Working Conditions Committee (CHSCT). For a more specialized approach, particularly in large companies or those with high risks, a Health, Safety, and Working Conditions Committee (CSSCT) can be established to delegate these responsibilities.
It is the responsibility of managers to ensure effective social dialogue on these topics, given that they are engaging their civil and criminal liability, as well as the overall performance of the company.
As regards 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 some cases, such as companies with more than 300 employees and establishments classified as Seveso high threshold or subject to authorization in the nuclear field, the establishment of a CSSCT is mandatory, either by decision of the labor inspector, or by a collective agreement.
Members of the Works Council (CSE) and the Health, Safety and Working Conditions Committee (CSSCT) must receive health and safety training, in accordance with Articles L.2315-18 and R.2315-9 of the French Labor Code. When the CSSCT is not established, the Works Council assumes all occupational health and safety responsibilities, such as analyzing occupational risks, proposing preventive measures, participating in risk assessments via the Single Risk Assessment Document (DUERP), investigating workplace accidents or occupational illnesses, contributing to prevention initiatives with the occupational health service, participating in quality of working life initiatives, and mandatory consultation on major projects or the introduction of new technologies that may impact occupational health and safety.
At MD Conseil Formation, we offer initial and refresher training for your employee representative bodies, as well as specific training aimed at improving the quality of interventions and mandatory missions of the CSE and CSSCT.
The Health, Safety and Working Conditions Committee (CSSCT) acts as a committee emanating from the Works Council (CSE), preparing occupational health and safety (OHS) files for CSE meetings, conducting regular workplace inspections, analyzing work situations, participating in investigations into accidents and occupational illnesses, and contributing to the updating of the Single Risk Assessment Document (DUERP). CSSCT members receive training, conduct site visits, and may be involved in QHSE committees.
Employee representatives have legal rights to report serious and imminent dangers to the employer, and employees have the right to withdraw from their workstations in the event of serious and imminent danger, without risk of sanction from the employer. The labor inspectorate can also be contacted in cases of serious breaches of occupational health and safety obligations.
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, communicate regularly on progress in occupational health and safety and promote a culture of prevention within the company.
It is essential for managers to train members of the CSE and the CSSCT in occupational risk prevention, 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 risk situations and to value the role of the CSE and the CSSCT as actors in the overall performance of the company.
It is essential to consider compliance with the obligations of the CSE and the CSSCT regarding occupational health and safety as a lever for efficiency, attractiveness and sustainable prevention of risks in the company, rather than as a constraint.
