Preventing risks takes people, method and follow-up. This lesson shows how the law requires occupational safety and health (OSH) to be organised in a company and who represents the workers.
Occupational safety and health services
Every employer must organise the occupational safety and health service (article 73). The service plans prevention, assesses risks, prepares reports, informs and trains workers, analyses the causes of accidents and keeps records. The documentation must be available to the inspection authorities for five years.
There are three forms (article 74):
- an internal service, run by the company itself;
- a common service, shared between companies;
- an external service, provided by an authorised body.
The internal service is the rule. It is mandatory in establishments with at least 400 workers or in those with high-risk activities to which at least 30 workers are exposed, unless an exemption applies (article 78). Using an external service does not release the employer from their responsibility (article 74(6)).
Whichever form is used, the company must have an internal structure for emergencies, first aid, evacuation and fire-fighting (article 75).
Health surveillance
The employer must arrange health examinations carried out by an occupational doctor (article 108). There are three types:
- admission: before starting work or, if urgency justifies it, within the following 15 days;
- periodic: every year for minors and for those over 50, and every two years for everyone else (the doctor may change this interval);
- occasional: when there are significant changes at work that could affect health, and on return after an absence of more than 30 days because of illness or accident.
The examinations are meant to establish whether the worker is fit for their duties and what effects the work has on their health. The worker must attend. The employer bears the costs.
Workers' representatives for OSH
Workers may elect representatives for occupational safety and health (article 21). The main points:
- they are elected by direct and secret ballot;
- lists are put forward by trade unions with members in the company or backed by at least 20% of the workers;
- the term of office is three years;
- they have a credit of five hours a month to carry out their duties;
- the maximum number, unless a collective agreement says otherwise, runs from one representative (companies with fewer than 61 workers) to seven (more than 1,500).
Representatives receive ongoing training (article 22) and are heard in the consultations under article 18. If there are no elected representatives, the employer asks all the workers for their opinion. Any worker can make proposals to reduce a risk.
Risk assessment
It is the basis of everything. It consists of identifying the hazards of each job and each task, estimating the risk and deciding on measures: eliminate, reduce at source, protect collectively and, only after that, issue individual equipment. The worker contributes by pointing out the hazards they see and the problems the measures do not solve.
What the employer must do besides this course
This course gives the general basics. Even after it, the employer is still obliged to:
- carry out and update the risk assessment of their workplace;
- give specific information and instructions about the job, the equipment and emergencies;
- organise the OSH services and health surveillance;
- train those with first aid, fire and evacuation duties;
- consult the workers or their representatives.