Is a safety committee or a worker safety representative required in France?

Yes. In France, worker representation on health and safety is carried by the social and economic committee (comité social et économique, CSE), which must be set up once a company has had at least 11 employees for 12 consecutive months. From 300 employees, and on every upper-tier Seveso or nuclear site whatever its size, the CSE must also create a health, safety and working conditions commission (commission santé, sécurité et conditions de travail, CSSCT). The former health and safety committee (CHSCT) no longer exists since the 2017 reform.

Short answer

• Below 11 employees: no CSE is required. Workers still have the individual right to alert and withdraw from serious and imminent danger, and must receive safety information and training.
• 11 to 49 employees: CSE whose members promote health, safety and working conditions, investigate accidents and occupational diseases and can refer complaints to the labour inspector (L. 2312-5). They are received by the employer at least once a month (L. 2315-21).
• 50 employees or more: the CSE analyses occupational risks and is consulted on major changes to health, safety or working conditions (L. 2312-8 and L. 2312-9). It meets at least every two months below 300 employees and every month from 300 (L. 2315-28), and at least four meetings a year cover health and safety (L. 2315-27).
• CSSCT: compulsory in companies and separate establishments of 300 or more employees and in establishments with an upper-tier Seveso or nuclear installation (L. 2315-36); the labour inspector may impose one below 300 where the activity or premises require it (L. 2315-37).
• Training: at least 5 days in the first mandate; 3 days on renewal, or 5 for CSSCT members in companies of 300 or more, paid by the employer (L. 2315-18).

What the CSE does on health and safety

The CSE is the single elected staff body in a French company. Its health and safety role includes analysing occupational risks (including for pregnant women and for exposure to arduous-work factors), proposing prevention of harassment and sexist behaviour, investigating accidents and occupational diseases, and being consulted on the single risk assessment document (DUERP) and its updates (L. 2312-9 and L. 4121-3). In companies of 50 or more employees, the CSE must also meet after any accident that caused or could have caused serious consequences, and at the request of two of its members on health and safety matters (L. 2315-27). The employer informs the labour inspector, the occupational physician and the CARSAT prevention service of the dates of the health and safety meetings each year and confirms each meeting in writing at least 15 days in advance (L. 2315-27).

Danger alert

A CSE member who notices a serious and imminent danger, directly or through a worker, alerts the employer at once (L. 4131-2). The member records the alert in writing and the employer must immediately investigate with that member and take the necessary measures (L. 4132-2). Workers keep their individual right to withdraw from such a situation without sanction or loss of pay.

The CSSCT

The CSSCT receives by delegation all or part of the CSE's health and safety tasks, except the CSE's consultative role and the right to appoint an expert, which stay with the full committee (L. 2315-38). On upper-tier Seveso sites it can be extended to representatives of contractor companies and their workers to define common safety rules (L. 4523-11), and the CSE can call on an expert in technological risks (L. 4523-5).

Comparison with the EU framework and Türkiye

Common mistakes

• Looking for a CHSCT. The 2017 reform (Ordonnance n° 2017-1386 of 22 September 2017, in force from 1 January 2018 at the latest) replaced it with the CSE.
• Counting headcount on a single day. The CSE becomes compulsory only when the 11-employee threshold has been reached for 12 consecutive months.
• Skipping CSE training. Health and safety training is a legal right and is paid by the employer; the time spent is working time and is not deducted from delegation hours (L. 2315-16).

Related on excodex

• Occupational safety and health in France: law, authorities and employer duties
• Is a written risk assessment mandatory in France?
• Which rules apply to major-hazard chemical sites in France?

Standards and further reading

• Code du travail, articles L. 2311-2, L. 2312-5, L. 2312-8, L. 2312-9, L. 2315-16, L. 2315-18, L. 2315-21, L. 2315-27, L. 2315-28, L. 2315-36 to L. 2315-38, L. 4131-2, L. 4132-2, L. 4523-5, L. 4523-11: Code du travail numérique
• Ordonnance n° 2017-1386 du 22 septembre 2017 (creation of the CSE)
• Council Directive 89/391/EEC, article 11 (consultation and participation of workers)

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.