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 in the heart of a company by a collective approval such as the company agreement for the establishment of the CSE. As it is not a legal entity, the CSSCT does not have its own legal personality.

Therefore, it cannot take legal action. How does the CSSCT work? ?

Which are the establishments or structures where the CSSCT is mandatory ?

According to article L.In the absence of an agreement, the employer may still decide to create one or more CSSCTs:

• All structures with more than 300 employees;
• All particular establishments with at least 300 employees;
• All sensitive Seveso-classified sites, sites with basic nuclear equipment and certain mining sites, regardless of the number of employees.

For companies with less than 300 employees, the establishment of a CSSCT is not essential. However, it can be set up voluntarily, either by an agreement between the employer and the trade union delegates, or with the CSE. In the absence of an agreement, the employer may nevertheless decide to create one or more CSSCTs.

In some companies, the labor inspectorate can decide to set up a 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 supervisory body. For this purpose, an application must be filed with the Direction régionale des entreprises, de la concurrence, de la consommation, du travail et de l’emploi (DIRECCTE).

What are the conditions for setting up and running the CSSCT ?

This part will be subdivided into two parts: the conditions of implementation and the conditions of operation.

The conditions of establishment

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 terms of 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 a majority of the elected full members of the CSE.

The operating conditions

The operating procedures of the CSSCT are defined in the collective agreement. Among other things, it specifies :

• The number of delegation hours granted to the members of the commission;
• Resources for carrying out their missions;
• The terms and conditions for training 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 up to the CSSCT to examine the risks to which the employees are exposed.

It also takes care of the investigation in case of a work accident.

In the latter case, it is essential that the power of control and investigation be bequeathed by the CSE to the CSSCT. In addition, the CSSCT is concerned with promoting the improvement of working conditions by putting forward initiatives appropriate to the working environment. Thus, it can intervene in the resolution of workstation adjustment problems for disabled employees.

What are the missions of the CSSCT ?

When setting up the CSSCT, 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 affect health, safety and working conditions. Indeed, typical CSSCT assignments often include:

• the analysis of occupational risks ;
• Investigation of the occurrence of an occupational disease;
• the organization of hygiene consultations, etc.

The committee also provides useful technical information on topics related to health, safety and working conditions. These indications will allow the CSE to make interesting proposals to the employer.