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Decree No. 2007-761, May 10, 2007 Relative To The Regional Committees Of The Professional And Modifying Risk Prevention Labor Second Part: Decrees In Council Of State And Third Part: Decrees)

Original Language Title: Décret n° 2007-761 du 10 mai 2007 relatif aux comités régionaux de la prévention des risques professionnels et modifiant le code du travail (deuxième partie : Décrets en Conseil d'Etat et troisième partie : Décrets)

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Keywords

JOB , LABOUR CODE, WORK, WORKER PROTECTION, PREVENTION, OCCUPATIONAL RISK , REGIONAL COMMITTEE FOR OCCUPATIONAL RISK PREVENTION, CREATION, ORGANIZATION, MISSION, OPERATION , COMPOSITION, COMPETENCE


JORF No. 109 of May 11, 2007 page 8466
Text No. 7



Decree n ° 2007-761 of 10 May 2007 on the regional committees on the prevention of professional risks and amending the Labour Code (second part: Orders in Council of State and Part three: Orders

NOR: SOCT0750555D ELI: http://www.legifrance.gouv.fr/eli/decret/2007/5/10/SOCT0750555D/jo/texte
Alias: Http://www.legifrance.gouv.fr/eli/decret/2007/5/10/2007-761/jo/texte


Prime Minister,
On the report of the Minister of Employment, Cohesion Social and housing,
Given the code of public health, in particular Article L. 1411-1;
Given the Labour Code;
In view of Decree No. 2006-672 of 8 June 2006 on the establishment, composition and functioning of committees Administrative procedures of an advisory nature;
Having regard to Decree No. 2006-781 of 3 July 2006 laying down the conditions and procedures for the settlement of the costs of temporary movement of civil personnel of the State;
In view of the opinion of the Professional Risk Prevention Board of 24 February 2006;
In view of the opinion of the National Commission for Occupational Health and Safety in Agriculture dated 7 April 2006;
The Council of State (Social Section) Heard,
Clipping:

Item 1
I. -The title of Section 3 of Chapter I of Title III of Book II of the Labour Code (Part Two: Orders in Council of State) is thus amended: Advisory bodies ".
II. -It is inserted in Section 3 of Chapter I of Title III of Book II of the Labour Code a sub-section 3 entitled " Regional Professional Risk Prevention Committees ", which includes articles R. 231-24-3 and R. 231-24-4, as follows:


" Subsection 3



" Regional Committees Business Risk Prevention


" Art. R. 231-24-3. -The Regional Committee on Occupational Risk Prevention is an advisory body to the regional prefect. It participates in the definition of the regional component of the policy for the protection of health and safety at work and improvement of working
. To this end:
" 1 ° It participates in the development and updating of territorial diagnoses on working conditions and prevention of professional risks;
" 2 ° It is consulted on the regional occupational health plan, which sets out at the regional level objectives, actions and means for improving safety and health at work. This plan constitutes the risk prevention programme linked to the work of the Regional Public Health Plan referred to in Article L. 1411-11 of the Public Health Code. It also provides an opinion on the regional guidelines for public policies relevant to health and safety at work, which are submitted to it by the public
. Art. R. 231-24-4. -The Regional Committee for the Prevention of Professional Risk includes, in addition to the regional prefect, who presides it:
" 1 ° A college of representatives of state regional administrations;
" 2 ° A college of social partners, representing equal numbers of employees and employers;
" 3 ° A college of regional expertise and prevention organizations;
" 4 ° A qualified people college, including:
" (a) Scientific or technical experts in business prevention;
" (b) Representatives of professional risk victims' associations and prevention professional
. II. -Only the President and the members of the first and second college shall have voting rights. The Regional Committee on Occupational Risk Prevention meets on the basis of agenda, deliberative training or plenary training. "

Item 2 Read more about this Article ...


It is inserted in Chapter I of Title III of Book II of the Labour Code (Part 3: Orders), a section 1 entitled " Regional Occupational Risk Prevention Committees ", which includes articles D. 231-1 to D. 231-4 thus written:
" Art. D. 231-1. -I.-The members of the Regional Committee on Occupational Risk Prevention (referred to in article R. 231-24-4) are
1 ° As part of the College of Regional Authorities of the
: (a) The Regional Director for Labour, Employment and Vocational Training and three other members of this service designated by him;
(b) Regional Director for Health and Social Affairs;
(c) Regional Director for Industry, Research and Environment;
" (d) The head of the regional labour inspectorate, employment and agricultural social policy;
(e) Regional Director for Transport;
" 2 ° The College of Social Partners:
" (a) Two representatives of the General Confederation of Labour (CGT);
(b) Two representatives of the French Democratic Confederation of Labour (CFDT);
(c) Two representatives of the General Confederation of Labour Force (CGT-FO);
(d) A representative of the French Confederation of Christian Workers (CFTC);
" (e) A representative of the French Confederation of the General Confederation of Executives (CFE-CGC);
(f) Four representatives of the Mouvement des entreprises de France (MEDEF), including two from branch organizations;
" (g) Two representatives of the General Confederation of Small and Medium Enterprises (CGPME);
(h) A representative of the craft professional union (UPA);
" (i) A representative of the National Federation of Agricultural Trade Unions (FNSEA);
" 3 ° The College of Representatives of Organizations of Expertise and Prevention:
" (a) The director of the Regional Health Insurance Fund for Workers' Compensation;
(b) The Director of the Regional Association for the Improvement of Working
; (c) The director of a farm social insurance fund, designated by agreement between the caisses within the jurisdiction of the region;
" (d) The director of the regional committee of the professional building and public works prevention organization;
4 ° Qualified person college:
" (a) Eight natural persons designated by prefectural order, including the President and Vice-Chair of the Regional Occupational Health Observatory;
(b) Two representatives of legal persons designated by prefectural
. II. -The members of the Committee appointed under the 4 ° of the I shall be appointed, with the exception of the President and the Vice-President of the Regional Occupational Health Observatory, appointed for the duration of their term of office, for a renewable period of three
. III. -The members of the Regional Committee for the Prevention of Occupational Hazards referred to in the 2 °, 3 ° and 4 ° of the I shall complete and update, as appropriate, an individual declaration of interest to the Regional Directorate of Labour, of Employment and vocational training. They do not participate in jobs that might have a conflict of interest.
" Art. D. 231-2. -I.-The Regional Committee on Occupational Risk Prevention shall meet in deliberative training, in accordance with Article R. 231-24-4, for:
" 1 ° Make the opinion of the Committee when it is consulted by the public authorities on the draft regional occupational health plan or on the regional guidelines for public policies relevant to health and safety at work;
" 2 ° Adopt the opinions that the committee issues.
" When a vote is requested either by the President or by half of the representatives of the College of Social Partners, it shall be acquired by a majority of the members present with voting rights. In the case of equal sharing, the voice of the president is paramount.
" II. -The Regional Committee on Occupational Risk Prevention meets at least once a year in plenary session and, as appropriate, on the initiative of its President. It shall also be convened at the request of at least half of the representatives of the College of Social
. Art. D. 231-3. -The functioning of the Regional Committee for the Prevention of Professional Risks is governed by the provisions of Decree No. 2006-672 of 8 June 2006 concerning the establishment, composition and operation of administrative commissions of a character Advisory as well as the rules of procedure established by
. Art. D. 231-4. -Travel expenses incurred, within the jurisdiction of the region, by the members of the Regional Committee on the Prevention of Professional Risks to participate in the meetings of the Committee may, on their request, be reimbursed by management (1) Regional employment, employment and vocational training, on the basis of and in accordance with the provisions of the decree applicable to the temporary travel expenses of civil servants of the State. "

Item 3 Read more about this Section ...


The Minister responsible for Labour carries out an evaluation of the implementation of the provisions of articles R. 231-24-3 and R. 231-24-4 of the Labour Code. It shall be submitted no later than four years after the publication of this Order to the central advisory bodies referred to in Articles R. 231-14 and R. 231-25 of the same code.

Article 4 Read more about this article ...


Decree No. 86-568 of 14 March 1986 establishing regional commissions of occupational medicine is repealed. Reports submitted to the Regional Occupational Health Boards on the date of publication of this Order are transferred to the Regional Occupational Risk Prevention Committees as soon as they are installed.

Article 5 Learn more about this Article ...


The provisions of Article 2 may be amended by decree.

Article 6 Learn more about this Article ...


The Minister of Employment, Social Cohesion and Housing, the Minister of Agriculture and Fisheries and the Minister responsible for employment, work and integration of young people are responsible, Each as regards the execution of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, 10 May 2007.


Dominique de Villepin


By the Prime Minister:


The Minister of Employment,

Social Cohesion and Housing,

Jean-Louis Borloo

The Minister of Agriculture and Fishing,

Dominique Bussereau

The Minister responsible for employment, the

job, and the professional integration of young people,

Gérard Larcher


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