How the CSSCT works ?
The Health, Safety and Working Conditions Commission (CSSCT) is a body of the Social and Economic Committee (CSE). It is set up within a company by a collective approval such as the company agreement for the establishment of the CSE. Not being a legal entity, the CSSCT does not have its own legal personality.
Consequently, it cannot take legal action. How does the CSSCT work ?
Which establishments or structures are required to have a CSSCT ?
According to article L.2315-36 of the Labor Code, the establishment of a CSSCT is required for :
- All structures with more than 300 employees;
- All individual establishments with at least 300 employees;
- All sensitive Seveso-classified sites, sites with basic nuclear equipment and some mining sites, regardless of the number of employees.
For companies with less than 300 employees, the setting up of a CSSCT is not essential. However, it can be installed voluntarily, either by an agreement between the employer and the union delegates, or with the CSE. In the absence of an agreement, the employer can still take the decision to create one or more CSSCT.
In some companies, the labor inspectorate may decide to set up the CSSCT. This is especially the case when the supervisory body considers that the nature of their activities, their materials and the layout of their premises require this provision.
If the employer does not approve, he can oppose the decision of the control body. As such, a request must be filed with the Regional Directorate of Companies, Competition, Consumption, Labor and Employment (DIRECCTE).
What are the conditions for setting up and operating the CSSCT ?
This part will be subdivided in two: the conditions of implementation and the conditions of functioning.
The conditions of implementation
The CSSCT is set up on the occasion of an agreement undertaken. The latter includes for example :
- The number of members at the heart of the commission;
- The modalities for the institution of these members ;
- The missions and conditions of intervention of the commission.
If the company does not have a trade union delegate, an agreement between the employer and the CSE can help to create the CSSCT. However, it must be approved by the majority of the elected members of the CSE.
The operating conditions
The operating procedures of the CSSCT are defined in the collective agreement. Among others, it is necessary to specify :
- The number of delegation hours granted to the members of the commission;
- The resources for the execution of their missions;
- The terms and conditions of training of the members (including specific training).
What are the fields of action of the CSSCT ?
The CSE can entrust part or all of its attributions in relation to safety, health and working conditions to the CSSCT. The fundamental mission of the CSSCT is to improve the health and safety of employees. Thus, it is responsible for examining the risks to which employees are exposed.
It is also in charge of investigating in case of a work accident.
In this last case, it is essential that the power of control and investigation is bequeathed by the CSE to the CSSCT. In addition, the CSSCT is concerned with the improvement of working conditions by putting forward initiatives appropriate to the working environment. Thus, it can intervene in the resolution of problems of adjustment of workstations for employees in a situation of disability.
What are the missions of the CSSCT ?
When the CSSCT is set up, the social partners are free to determine the missions that will be assigned to it. These missions must correspond to its field of action. In a way, it is essential that they only concern health, safety and working conditions. Indeed, the usual missions of the CSSCT often concern :
- analysis of professional risks;
- the investigation in case of an occupational disease;
- the organization of consultations on hygiene, etc.
The commission’s mission is also to provide useful technical data on subjects related to health, safety and working conditions. These indications will allow the CSE to make interesting proposals to the employer.