Committee of hygiene, safety and the work conditions

The Committee of hygiene, safety and the work conditions , more known by the initials CHS-CT , is in France an institution representative of the personnel within the Entreprise.

It is a specialized company, elected by a college made up of all the titular elected officials of the company (union delegate and Work's council). The law imposes on the companies more than cash 50 paid creation and the organization of a CHS-CT. Its regulation was codified in Article with. The public corporations of health and the establishments social and medico-social also have CHS-CT.

The legal personality, which makes CHS-CT a Moral person, is not envisaged by the texts but was recognized to him by a stop of the Court of appeal of April 17th, 1991.

Attributions

Under

the committee of hygiene, safety and the work conditions has the role of contributing to the protection of physical and mental health and the safety of paid establishment and those placed at its disposal by an outside firm, including temporary works, like with the improvement of the work conditions, in particular in order to facilitate the access of the women to all employment and of answering the problems involved in maternity. It also has the role of taking care of the observation of the legislative regulations and lawful catches in these matters.

Composition

The CHS-CT is chaired and animated by the head of undertaking or his representative. The elected officials of the personnel include/understand at least a third of frameworks or supervisors. They are elected for two years and can cumulate this station with other mandates. They do not have substitutes. They elect or appoint the secretary of the committee at the time of the first meeting.

The company doctor, the factory inspector, the consulting engineer of the CRAM (regional Caisse of health insurance) or his equivalent of the MSA (agricultural Social insurance system) for the companies concerned with the agricultural mode and the person in charge of safety if there exists are members of right, with an advisory voice.

Operation

The CHS-CT must meet at least once per quarter. The head of undertaking convenes his members formally. He draws up the project of an day order in collaboration with the secretary. The meetings give place to the development of the minutes of the meeting. An extraordinary meeting is convened obligatorily in the event of:

reasoned request of two of the members;
serious and imminent danger noted and leading to a divergence enters a member of the CHS-CT and the employer on “the reality of the danger or the way of making it cease” ();
accident having involved or which has been able to involve serious consequences.

The CHS-CT carries out inspections in the establishment. In the event of serious risk or of project of important installation (see), the CHS-CT can call upon an approved expert, remunerated by the expenses of the company. The CHS-CT can in addition implement the alarm procedure which is conferred to him by the article L. 231-9 of the Labor regulation: it can then take the initiative to inform the employer on the imminence of a danger seriously threatening safety of the workers of building sites or a workshop.

In the event of divergence between the majority of the members of the Committee of hygiene and the employer, this last into formless the Departmental management of the Work which can seize the judge of the summary procedures in order to order the closing of the workshop or the building site. This decision can be accompanied with a judgment to the payment of an obligation.

The CHS-CT once receives per annum documents of the head of undertaking a report/ratio taking stock of hygiene and safety in the company, the annual plan of activity established by the company doctor, as well as the annual program of the actions under consideration in this field by the chief of establishment, programs built on the basis of single Document of evaluation of the risks.

The members of the CHS-CT have a monthly credit of hours. During this credit of hours, they can freely circulate in the buildings of their establishment in order to dialog with the employees, but they can also move outside the establishment if their mission justifies it.

During their first designation, the members of the CHS-CT have an individual right allowing them to follow an initial training to the exercise of their mandate. With resulting from 2 consecutive mandates or not (that is to say 4 years), they are entitled to a formation of renewal. The formations have one duration fixed at 3 days (undertaken of less than 300 paid) or up to 5 days (more than 300 paid, to see the collective agreement in force).

The members of the CHS-CT profit from a protection against the dismissal identical to that of the other staff representatives (union delegate and Work's council).

Official report

In meeting of CHS-CT, when a problem arises without decisions being able to be stopped, the first reflex must be to vote a mission. Following this mission, if the problem persists and that it is important, it is advisable to engage an expertise. Indeed, it is between the meetings that work is done. The meeting must be regarded as a place where a description of the situation is given regularly and where decisions are taken. The goal of the representatives, to utilize the personnel for the improvement of his own work conditions, is played primarily by the work carried out between the meetings.

However, the minutes of the meeting are an important document. Indeed, it very often constitutes an essential part in the file of the Industrial accident. It should be recalled that if a danger were announced to the Employeur and that an accident occurs, the benefit of the Faute inexcusable of the employer, full, is acquired for the victim or its having right. The reports of missions will have to thus be integrated in entirety with the minutes of the meetings.

The CHS-CT does not have to seek the possible criminal responsibilities of the accidents. But the employer can be unaware of only, when a danger was announced to him by a member of the CHS-CT, his responsibility is fully committed if it does not take measurements useful to put an end to this danger and that an accident occurs. It is one of the reasons of the force of work in the CHS-CT. The employer cannot disallow a proposal without justifying his refusal.

Indeed, for each announced danger must correspond of the preventive measures, of safety, protection and, if a risk remains, an organization of the helps adapted will have to be installation. It is the object of the general obligation of safety imposed on the employer by the Labor regulation.

So that this obligation gives all its effects, writing with a determining value. The drafting of the reports/ratios of mission and the drafting of the official reports of meeting must thus be the particular care object.

It is the secretary who establishes the official reports of meeting, it is with him to sign them. In certain establishments, the president of CHS-CT also makes a point of signing them. He can make it provided that he does not influence his contents.

If the majority of the attending members are of agreement, the secretary can make use of a tape recorder. If a shorthand writer takes the notes, it will have to give them to the secretary of the CHS-CT so that this last writes the official report. It is the secretary who writes what must be typed, it should leave this responsibility to nobody other.

Statutes - Roles - Means - emitted documents

Statutes of the CHS-CT: advisory

Statutes of the president: member of right, chair, person in charge penally

Statutes of the secretary: elected official or designated by the elected members of the CHSCT - Protected as a staff representative.

Statutes of members D.P.: elected officials by the personnel - Protected as union delegate.

Role of the CHS-CT: contribute to the safety and the prevention of the risks of work (of paid).

Role of the president: Chair, animates, corédige the day order, the sign and convenes the members of the CHS-CT at the meetings and quarterly visits.

Role of the secretary: Corédige the day order, writes the statement of meeting and the sign.

Role of the members: Elect the secretary, take part in the missions, deliver their opinions in meeting, vote the decisions délibérativent like that of rules of procedure, concerning operation or the organization.

Average of the CHS-CT: Moral person

Average of the president: those of the company

Average of the secretary: hours, right to a formation CRAMIF, votes the deliberations, right to the awareness of all the document concerning to safety and the prevention in the company, right to register a reality or supposed immediate danger or to come in the register adequate from the company.

Average of members D.P.: hours, right to a formation CRAMIF, votes the deliberations, right to the awareness of all the document concerning to safety and the prevention in the company, right to register a reality or supposed immediate danger or to come in the register adequate from the company.

emitted Documents: CHS-CT: all approved documents.

emitted Documents: President: Annual program, annual statement of account, single Document, day order

emitted Documents: secretary day order and report of meeting.

emitted Documents: members: reports/ratios of investigations.

See too

Recipient
Responsibility sociétale for the companies
Committee of hygiene and safety (CHS): in French right, the civils servant carry out a “service”, the term “work” was thus withdrawn from the denomination; the CHS are to some extent the equivalents of the CHS-CT in the French public services, except for the hospitals and of the social or medico-social establishments.

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