THE OCCUPATIONAL HEALTH AND SAFETY ACT AND THE COMPANY`S OVERSEAS EXPANSION IN FRANCE
REGULATORY BODIES FOR HEALTH AND SAFETY REGULATIONS IN FRANCE
In France, health and safety regulations are governed by various bodies, each with a specific role and scope of responsibility. Here are the main bodies:
| Health and Safety Regulatory Body in France | Description |
|---|---|
| Ministry of Labour (Ministère du Travail) | Responsible for establishing and implementing national health and safety regulations. Issues decrees and orders concerning workplace safety, monitors compliance, and collaborates with social partners. |
| Directorate General for Labour (Direction Générale du Travail – DGT) | Part of the Ministry of Labour, aids in the development and implementation of health and safety regulations, provides advice and information, and conducts educational campaigns. |
| Labour Inspection (Inspection du Travail – IT) | An independent body enforcing health and safety regulations. Conducts employer inspections, imposes penalties for non-compliance, and investigates workplace accidents. |
| Offices for Health and Safety at Work (DIRECCTE) | Regional branches responsible for implementing health and safety policy at the local level. They cooperate with local authorities and provide support in health and safety matters. |
| Institute for Occupational Safety and Health (INRS) | A public research institute specializing in health and safety. Conducts research, publishes informational materials, and provides training and consultancy in health and safety. |
LEGAL REQUIREMENTS FOR HEALTH AND SAFETY PROFESSIONALS IN FRANCE
In France, legal requirements for health and safety professionals vary depending on their level of expertise and scope of responsibility. Below is a general outline:
QUALIFICATIONS:
| Category | Description |
|---|---|
| Education | A higher education degree, often a bachelor`s (Licence), master`s (Master) or engineering degree (Diplôme d`ingénieur) in occupational health and safety or a related field. |
| Knowledge of Health and Safety Regulations | A health and safety specialist must know and understand the applicable health and safety regulations in France and be able to apply them in practice. |
| Hazard Identification and Risk Assessment | The ability to identify potential dangers to employee safety and health and to assess their risk. |
| Implementation of Health and Safety Programs | The ability to develop and implement programs aimed at improving workplace health and safety. |
| Communication and Collaboration | The ability to effectively communicate and collaborate with workers, employers, and other stakeholders involved in health and safety. |
CERTIFICATES:
| Certificate | Description |
|---|---|
| Titre Professionnel Conseiller en Sécurité et Santé au Travail (CSPS) | A national certificate offered by the Ministry of National Education, Youth and Sport. Requires completion of a 2-year vocational training or relevant professional experience. Confirms skills in health and safety consultancy. |
| Diplôme Universitaire de Formation Complémentaire (DUFC) en Sécurité et Santé au Travail | A university certificate that provides in-depth knowledge and practical skills in occupational health and safety. Requires the completion of higher education and additional training at a university. |
| Diplôme d`Etat d`Ingénieur Spécialisé en Sécurité et Santé au Travail (DESS Sécurité et Santé au Travail) | A postgraduate diploma that prepares for managerial positions in health and safety. Requires a master`s degree (e.g., in engineering) and additional training. |
| Certificat de Spécialisation en Sécurité et Santé au Travail (CSSST) | A specialization certificate offered by the French Chamber of Engineers. Aimed at professionals in fields such as construction, chemical industry, or energy. Requires a master`s degree in engineering and additional specialized training. |
LEGISLATION:
In France, the prevailing health and safety legislation is based on several key pillars:
1. Labour Code (Code du travail):
- This is the main legal act regulating occupational health and safety in France.
- It defines the general duties of employers and employees concerning health and safety, as well as detailed regulations for various sectors and occupational hazards.
- It includes provisions for issues such as:
- Occupational risk assessment
- Prevention of accidents and occupational diseases
- Protection of employee health and safety
- Information and training in health and safety
- Employee representation in health and safety matters
- Penalties for health and safety regulation breaches
2. Decrees and Ordinances:
- The Ministry of Labour and the Directorate General for Labour issue decrees and ordinances that supplement and specify the provisions of the Labour Code.
- These may address specific issues, such as:
- Use of personal protective equipment
- Safety of machinery and equipment
- Chemical and biological hazards
- Work under extreme conditions
3. Standards and Regulations:
- In France, there are many standards and regulations related to occupational health and safety, developed by various bodies such as AFNOR (French Standardization Agency) and INRS (Institute for Occupational Safety and Health).
- These standards are not legally binding but serve as guidelines for employers and can be used in court as evidence of safety negligence.
4. Employer Duties:
- Employers in France have a range of duties concerning occupational health and safety, including:
- Conducting an occupational risk assessment at their workplaces
- Implementing preventive measures to eliminate or reduce risk
- Providing employees with appropriate personal protective equipment
- Informing and training employees on health and safety
- Regularly monitoring the condition of health and safety at workstations
- Cooperating with employee representatives on health and safety matters
5. Employee Duties:
- Employees in France also have duties concerning health and safety, including:
- Following directions and instructions related to health and safety
- Using personal protective equipment as intended
- Not exposing themselves or others to danger
- Reporting any workplace health and safety hazards to the employer
6. Supervisory and Enforcement Bodies:
- The Labour Inspection (Inspection du Travail) is responsible for enforcing health and safety regulations in France.
- Labour inspectors can conduct workplace inspections, issue orders, and impose penalties on employers who violate regulations.
- Employees have the right to report any health and safety hazards to the labour inspectors.
DUTIES:
| Duty | Description |
|---|---|
| Occupational risk assessment | – Identification and assessment of hazards at workplaces – Cooperation with the employer in developing a risk assessment plan – Documenting the assessment results |
| Implementation of preventive measures | – Proposing and implementing preventive measures – Advising on personal protective equipment – Conducting training on the use of preventive measures |
| Informing and training employees | – Informing employees about hazards and occupational risk – Conducting health and safety training – Providing educational materials on health and safety |
| Monitoring and control | – Regular monitoring of health and safety conditions at workplaces – Conducting health and safety audits – Documenting the monitoring and control results |
| Cooperation with others | – Cooperation with the employer, employee representatives, labour inspectors – Cooperation with occupational health physicians and work psychologists |
| Consultancy | – Advising the employer and employees on health and safety aspects<br>- Providing information and advice on health and safety regulations |
| Development and updating of knowledge | – Participation in training and conferences on health and safety – Updating knowledge on regulations and best practices in health and safety – Participation in exchanging information with other health and safety specialists |
| Additional duties | – Conducting health and safety research and analysis – Developing health and safety procedures – Representing the company in contacts with health and safety supervisory bodies – Managing the health and safety management system (OHSAS) |
ADDITIONAL INFORMATION:
| Organization | Website |
|---|---|
| Ministry of Labour | travail-emploi.gouv.fr |
| General Directorate of Labour | travail-emploi.gouv.fr |
| Labour Inspectorate | inspection-du-travail.com |
| Occupational Health and Safety Offices | dreets.gouv.fr |
| Institute of Occupational Safety and Health | inrs.fr |
| Ministry of National Education, Youth and Sport | education.gouv.fr |
| French Chamber of Engineers | oiq.qc.ca |
| National Council of Occupational Safety and Health Workplaces | travail-emploi.gouv.fr |
DOCUMENTS IN FRENCH LAW
Code du travail
- It is the main legal act regulating occupational safety and hygiene in France.
- It defines the general duties of employers and employees in terms of health and safety, as well as detailed regulations concerning various sectors and occupational hazards.
- It contains provisions relating to:
- Occupational risk assessment
- Prevention of accidents and occupational diseases
- Protection of health and safety of employees
- Information and training in health and safety
- Representation of employees in health and safety matters
- Sanctions for violations of health and safety regulations
WHAT ARE THE MAIN DUTIES OF EMPLOYERS ARISING FROM THE LABOUR CODE IN FRANCE?
– Conducting risk assessments to identify and evaluate hazards in the workplace.
– Implementing preventive measures to eliminate or minimize risk.
– Providing employees with appropriate personal protective equipment (PPE).
– Informing and training employees on occupational hazards and safety procedures.
– Ensuring regular maintenance and inspections of machinery and equipment.
– Developing emergency procedures and evacuation plans.
– Cooperation with employee representatives on health and safety matters.
WHAT RIGHTS DO EMPLOYEES HAVE UNDER THE LABOUR CODE IN FRANCE?
– The right to be informed about hazards in the workplace and the risk associated with them.
– The right to receive proper training and instructions on safety procedures.
– The right to refuse to perform dangerous work.
– The right to participate in discussions and decision-making concerning health and safety.
– The right to access information on health and safety.
– The right to protection against discrimination and harassment related to health and safety.
WHAT ARE THE CONSEQUENCES OF NOT COMPLYING WITH THE LABOUR CODE IN FRANCE?
– Fines and financial penalties.
– Administrative sanctions, such as an order to cease operations or an order to remove violations.
– Criminal liability in cases of gross negligence or intentional endangerment of employees.
– Civil liability for damages caused to employees as a result of workplace accidents or occupational diseases.
– Damage to reputation and loss of business opportunities.
Equivalent to “Code du travail” in other countries:
| Country | Equivalent to “Code du travail” |
|---|---|
| UK | Labour Code / Employment Law |
| Germany | Arbeitsvertragsgesetz, ArbVG |
| Italy | Codice del Lavoro |
| Spain | Estatuto de los Trabajadores |
| Poland | Kodeks Pracy |
| Netherlands | Burgerlijk Wetboek (BW) – part concerning labour law |
| Belgium | Code du travail / Arbeidswet |
| Sweden | Lag om anställningsskydd (LAS) |
| Denmark | Arbejdsmarkedslovgivningen |
| Austria | Arbeitsrecht / Arbeitsgesetzbuch |
Évaluation des risques professionnels
In France, “Occupational risk assessment” (Évaluation des risques professionnels) is a mandatory requirement for all employers arising from the “Labour Code” (Code du travail).
WHO IS RESPONSIBLE FOR CONDUCTING ÉVALUATION DES RISQUES PROFESSIONNELS IN FRANCE?
WHAT IS ÉVALUATION DES RISQUES PROFESSIONNELS AND WHY IS IT IMPORTANT IN FRANCE?
WHAT ARE THE STEPS IN THE ÉVALUATION DES RISQUES PROFESSIONNELS PROCESS IN FRANCE?
Hazard identification: The first step is to precisely identify all potential hazards in the workplace that may pose a risk to the health and safety of employees. This can include physical factors (e.g., noise, vibrations, radiation), chemical (e.g., hazardous substances, dust), biological (e.g., microorganisms), and psychosocial factors (e.g., stress, work overload).
Risk assessment: Next, it is necessary to assess the probability of harm and its potential severity for employees if exposed to each identified hazard. Factors such as the frequency and duration of exposure to the hazard, individual susceptibility of employees, and already implemented protective measures should be considered.
Implementation of preventive measures: Based on the risk assessment, appropriate preventive measures should be implemented to eliminate or minimize the risk. This may include the use of personal protective equipment (PPE), implementation of technical safeguards, changes to work organisation, provision of training and instruction for employees, and regular monitoring and review of safety protocols.
Documentation: The entire Évaluation des risques professionnels process must be documented in order to demonstrate its conduct and the implementation of appropriate preventative measures. Documentation should include hazard identification, risk assessment, implemented preventive measures, and plans for monitoring and review.
Equivalent of “Évaluation des risques professionnels” in other Countries:
| Country | Equivalent of “Évaluation des risques professionnels” |
|---|---|
| UK | Risk Assessment |
| Germany | Gefährdungsbeurteilung |
| Italy | Valutazione del rischio |
| Spain | Evaluación de riesgos |
| Poland | Ocena ryzyka |
| Romania | Evaluarea riscului |
| Netherlands | Risicobeoordeling |
| Belgium | Risicoanalyse / Évaluation des risques |
| Greece | Εκτίμηση κινδύνου (Ektími̱si̱ kíndynou) |
| Portugal | Avaliação de riscos |
Document unique d`évaluation des risques professionnels (DUERP)
Document unique d`évaluation des risques professionnels (DUERP), is a mandatory document for all employers in France. It is a key element of occupational safety and health management in the workplace, aimed at identifying, evaluating, and controlling occupational hazards to protect workers from occupational accidents and diseases.
1. WHAT IS DUERP AND WHY IS IT IMPORTANT?
WHAT INFORMATION DOES DUERP CONTAIN?
Description of the workplace and activities performed
Identification of all potential occupational hazards
Risk assessment of each identified hazard
Implemented preventive measures
Plans for monitoring and review prevention measures
Data concerning persons responsible for risk assessment and implementation of preventive measures
HOW OFTEN SHOULD DUERP BE UPDATED?
Equivalent of “Document unique d`évaluation des risques professionnels (DUERP)” in other Countries:
| Country | Equivalent of Document unique d`évaluation des risques professionnels (DUERP) |
|---|---|
| UK | Risk Assessment and Method Statement (RAMS) |
| Germany | Gefährdungsbeurteilung und Betriebsanweisung (GuB) |
| Italy | Valutazione dei Rischi |
| Spain | Plano de Seguridad y Salud |
| Poland | Instrukcja Bezpiecznego Wykonania Robót (IBWR) |
| Romania | Sistem de Securitate a Muncii (SSM) |
| Netherlands | Veiligheids Beheer Systeem (VBS) |
| Belgium | Veiligheid, gezondheid en milieu Checklist Aannemers (VCA) |
| Greece | Εκτίμηση Κινδύνου (Ektí̱mi̱si̱ Kíndynou) |
| Portugal | Plano de Prevenção de Riscos |
Plan d`Inspection et de Test (PIT)
Plan d`Inspection et de Test (PIT), is a document used in France to specify the scope, frequency, and procedures for conducting inspections and tests on equipment and machinery. PIT is a key element of occupational safety and health management, aimed at ensuring safe and correct operation of equipment and protecting workers from occupational accidents and diseases.
WHAT IS A PLAN D`INSPECTION ET DE TEST (PIT) AND WHY IS IT IMPORTANT?
WHAT INFORMATION DOES A PLAN D`INSPECTION ET DE TEST (PIT) CONTAIN?
1. Description of the equipment or machinery
2. List of checkpoints
3. Testing methods
4. Frequency of inspections and tests
5. Acceptance and rejection criteria
6. Repair procedures
7. Details of responsible persons
WHAT ARE THE BENEFITS OF IMPLEMENTING A PLAN D`INSPECTION ET DE TEST (PIT)?
1. Increased safety for workers
2. Reduced risk of accidents and failures
3. Improved performance and reliability of equipment
4. Extended lifespan of equipment
5. Compliance with regulatory requirements
6. Reduced repair and maintenance costs
Equivalent of “Plan d`Inspection et de Test (PIT)” in other countries:
| Country | Equivalent of Plan d`Inspection et de Test (PIT) |
|---|---|
| UK | Inspection and Test Plan (ITP) |
| Germany | Prüf – und Inspektionsplan (Prüfplan) |
| Italy | Piano di Ispezione e Test (PIT) |
| Spain | Plan de Inspección y Prueba (PIP) |
| Poland | Plan Inspekcji i Badań (PIB) |
| Romania | Planul de Inspecție și Testare (PIT) |
| Netherlands | Inspectie- en Testplan (ITP) |
| Belgium | Inspectie- en Testplan (ITP) / Plan d`Inspection et de Test (PIT) |
| Greece | Σχέδιο Επιθεώρησης και Δοκιμών (ΣΕΔ) |
| Portugal | Plano de Inspeção e Teste (PIT) |
Loi sur la sécurité incendie
Loi sur la sécurité incendie, is the main legal act regulating fire safety issues in France. This act was enacted in 2011 and replaced earlier regulations concerning fire protection.
Main objectives of the law:
- Preventing fires and limiting their effects
- Protecting the life and health of people and property from fires
- Ensuring safe evacuation conditions in the event of a fire
- Promoting a culture of fire safety
Scope of the law:
The Fire Safety Law encompasses a wide range of issues related to fire protection, including:
- Obligations of owners and users of buildings to ensure fire safety
- Requirements for the design, construction and use of buildings in terms of fire safety
- Installation of alarm and extinguishing systems
- Regular fire safety inspections
- Fire safety training
- Procedures in the event of a fire
What is the Loi sur la sécurité incendie and what are its main objectives?
Loi sur la sécurité incendie is the main legislative act regulating fire safety issues in France. This law was enacted in 2011, replacing previous fire protection regulations. Its main objectives are:
1. Preventing fires and mitigating their effects
2. Protecting life, health, and property from fires
3. Ensuring safe evacuation conditions in case of fire
4. Promoting a culture of fire safety
What are the responsibilities of building owners and users under the fire safety law in France?
The fire safety law imposes several responsibilities on building owners and users, such as:
1. Conducting regular fire safety inspections
2. Ensuring access to evacuation routes
3. Installing and maintaining alarm and firefighting systems
4. Training personnel in fire safety
5. Complying with regulations regarding smoking and the use of open flames
6. Informing about fire hazards and procedures in case of fire
What are the penalties for non-compliance with the fire safety law in France?
Non-compliance with the fire safety law can result in fines, and in some cases, even imprisonment. The amount of the fine depends on the nature of the violation and its potential consequences.
Equivalent of „Loi sur la sécurité incendie” in other countries:
| Country | Equivalent of Loi sur la sécurité incendie |
|---|---|
| UK | The Fire Safety Act |
| Germany | Gesetz über den Brandschutz, die Hilfeleistung und den Katastrophenschutz (Bundesbrandschutzgesetz, BBKG) |
| Italy | Legge sulla sicurezza antincendio |
| Spain | Ley de Seguridad Contra Incendios |
| Poland | Ustawa o Ochronie Przeciwpożarowej |
| Romania | Legea Securității la Incendiu |
| Netherlands | Brandveiligheidswet |
| Belgium | Wet betreffende de brandveiligheid |
| Greece | Νόμος Πυρασφάλειας |
| Portugal | Lei da Segurança Contra Incêndios |
Legal Liability of Health and Safety Specialists in France
| Type of Liability | Description |
|---|---|
| Civil Liability | Health and safety specialists can be held responsible for damages caused to employees due to workplace accidents or occupational diseases if they neglected their duties or made mistakes. It is possible to sue a health and safety specialist for compensation. |
| Criminal Liability | In cases of intentional violation of workplace safety regulations or knowingly endangering employees, a health and safety specialist can be fined or imprisoned. |
| Administrative Liability | Violations of health and safety regulations can result in administrative penalties such as financial fines or suspension of licences. |
Important factors influencing legal liability:
- Severity of neglect or mistake: The more severe the neglect or mistake, the greater the liability.
- Damages caused to employees: The extent of damages can influence the liability.
- Evidence of neglect or mistake: The employer or employee must prove the health and safety specialist`s neglect or mistake.
- Existence of health and safety procedures: Implementing and regularly updating procedures can reduce the risk of legal liability.
Recommendations for health and safety specialists:
- Knowledge of regulations: Detailed understanding and compliance with occupational safety regulations.
- Hazard assessment: Regular identification and evaluation of occupational hazards.
- Implementation of preventive measures: Effective elimination or reduction of occupational hazards.
- Employee training: Providing adequate training in health and safety.
- Documentation of actions: Recording actions and decisions related to health and safety.
- Cooperation: Active cooperation with employers and employees in promoting a safety culture.
- Professional liability insurance: Considering the purchase of insurance to protect against potential claims.
SPECIFICS OF HEALTH AND SAFETY TRAINING FOR EMPLOYEES IN FRANCE
Health and Safety Training (formation en sécurité et santé au travail) for employees in France is mandatory and a key element of occupational safety and hygiene management. The goal of the training is to provide employees with the knowledge and skills necessary to safely and healthily perform their work, and to prevent workplace accidents and occupational diseases.
Scope of Health and Safety training:
The scope of health and safety training in France includes a range of topics, such as:
- Occupational hazards: Employees must be familiarised with various types of occupational hazards that can occur in their workplace, such as physical, chemical, biological, ergonomic, and psychosocial hazards.
- Safety and hygiene regulations: Employees must know the basic regulations of safety and hygiene applicable in their industry and workplace.
- Safety and hygiene procedures: Employees must be trained in workplace safety and hygiene procedures, such as procedures for handling machinery and equipment, using personal protective equipment, and responding to emergencies.
- Rights and responsibilities of employees: Employees must know their rights and responsibilities regarding safety and hygiene, such as the right to refuse dangerous work and the duty to report occupational hazards.
- First aid: Employees should be able to administer first aid in the event of a workplace accident.
Types of Health and Safety training:
In France, there are various types of health and safety training, depending on the type of job, level of risk, and experience of the employee. The most common types of training are:
- Initial training: Initial training is mandatory for all new employees and must be conducted before they begin work. This training includes basic information about safety and hygiene in the workplace.
- Periodic training: Periodic training must be conducted regularly, at least once a year, for all employees. This training involves updating employees` knowledge and skills in safety and hygiene.
- Specialised training: Specialised training is required for employees who perform particularly dangerous work or operate machinery and equipment with increased risk.
Conducting health and safety training:
Health and safety training in France can be conducted by:
- The employer: The employer can conduct health and safety training for their employees, provided they have the necessary qualifications and experience.
- An external training company: The employer may delegate the conduct of health and safety training to an external training company that has the appropriate permissions and experience.
- Trade organisations: In some cases, trade organisations can conduct health and safety training for their members.
Duration of Health and Safety training:
The duration of health and safety training in France depends on the type of training, the scope of topics, and the number of participants. Initial training usually lasts from a few hours to one day, and periodic training can last from a few hours to a few days. Specialised training may take longer, depending on its specifics.
Sanctions for non-compliance with Health and Safety training obligations:
Employers who fail to meet their health and safety training obligations may be fined. Employees who do not participate in mandatory health and safety training may be disciplined.
Where can I find training for employees in Germany?
| Organisation | Website |
|---|---|
| Ministry of Labour | travail-emploi.gouv.fr |
| ANACT (Agence nationale de l`amélioration des conditions de travail) | anact.fr |
| OPPBTP (Organisme professionnel de prévention du BTP) | preventionbtp.fr |
COOPERATION WITH LOCAL HEALTH AND SAFETY SERVICES IN GERMANY: WHY IT`S VALUABLE
Cooperation with Local Health and Safety Services (Services de Santé au Travail – SST) in France can bring many benefits to both employers and employees. SST offer a wide range of services that help protect the health and safety of employees, as well as prevent workplace accidents and occupational diseases.
Here are several key reasons why it is worthwhile to cooperate with Local Health and Safety Services in France:
1. Compliance with regulations:
French law requires all employers to cooperate with SST. This cooperation includes conducting regular occupational risk assessments, implementing preventive measures, providing health and safety training for employees, and monitoring the health status of employees. Cooperation with SST helps employers fulfil these obligations and avoid penalties for non-compliance.
2. Improvement of safety and hygiene at work:
SST have the knowledge and experience necessary to identify and assess occupational hazards, and to implement effective preventive measures. Cooperating with SST can help employers create a safer and healthier work environment for their employees, which may lead to reduced numbers of workplace accidents and occupational diseases.
3. Increase in productivity:
Healthy and safe employees are more productive. Cooperating with SST can help employers maintain good health among employees, which may lead to increased productivity and reduced sickness absence.
4. Improvement of employee morale:
Employees who know their employer cares about their safety and health are more motivated and satisfied with their work. Cooperating with SST can help employers create a positive workplace atmosphere, which may lead to improved employee morale and reduced staff turnover.
5. Access to experts:
SST employ qualified experts in the field of health and safety, who can provide employers with advice and guidance on various health and safety issues. Cooperating with SST gives employers access to this knowledge and experience, which can be extremely valuable.
How to establish cooperation with Local Health and Safety Services in France:
Every company in France is obligated to designate an SST with which it will cooperate. This can be done in two ways:
- Join an existing SST: This is the most common option. There are many SSTs that offer their services to companies of different sizes and industries.
- Create your own SST: This option is only available to large companies with a large number of employees.