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Decree No. 2011-774 Of June 28, 2011 On The Amendment Of Decree No. 82-453 Of 28 May 1982 Amended Relating To Hygiene And Safety Of Work As Well As Medical Prevention In The Public Service

Original Language Title: Décret n° 2011-774 du 28 juin 2011 portant modification du décret n° 82-453 du 28 mai 1982 modifié relatif à l'hygiène et la sécurité du travail ainsi qu'à la prévention médicale dans la fonction publique

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Summary

Application of section 16 of Act 84-16.

Keywords

BUDGET , PUBLIC FUNCTION , WORK , HYGIENE AND SECURITE , PREVENTIVE MEDECINE , WORKING MEDECINE , WORKING MEDECINE , WORKING PROTECTION , WORKING SECURITE , PREVENTIVE MEASUREMENT , RISK PROFESSIONNEL , FORMATION AND WORKING CONDITIONS , ORGANIZATION , FUNCTIONING , COMPOSITION , TECHNICAL COMMITTEE OF HYGIENE AND SECURITY , COMPETENCE


JORF n°0150 du 30 juin 2011
text No. 49



Decree No. 2011-774 of 28 June 2011 amending Decree No. 82-453 of 28 May 1982 amended on occupational health and safety and on medical prevention in the public service

NOR: BCRF1104846D ELI: https://www.legifrance.gouv.fr/eli/decret/2011/6/28/BCRF1104846D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2011/6/28/2011-774/jo/texte


Public officials concerned: officials, non-public law officers, workers in the state administration and administrative public institutions.
Purpose: Renovate the hygiene and security arrangements applicable in State administrations and administrative public institutions, as part of the implementation of the 20 November 2009 agreement on hygiene, security and medical prevention in the public service.
Entry into force: the decree comes into force on the day after its publication in the Official Gazette.
However, article 28, which rewrites the whole of Title IV of Decree No. 82-453 of 28 May 1982 the Health, Safety and Working Committees will be applicable to the Health, Safety and Working Committees established following the election of the Technical Committees to be held in 2011.
In addition, the hygiene and security committees established in 2010 or whose terms of reference were established on the basis of the results of the 2010 elections for the composition of the parity administrative commissions or technical committees remain in principle governed by the provisions of the Decree No. 82-453 of 28 May 1982 in its version before this decree until the end of their mandate. However, the provisions of this Order in Council referred to in the second paragraph of Article 32, relating to the composition of committees and their powers, are applicable to these committees effective November 1, 2011.
Notice : the decree is taken in application of theArticle 10 of Act No. 2010-751 of 5 July 2010 relating to the renewal of social dialogue with various provisions relating to the public service, which provides for the establishment of health, safety and working conditions committees (CHSCT). It also modifies the Decree No. 82-453 of 28 May 1982 concerning hygiene, safety and medical prevention in the public service by providing for provisions for the renovation and enhancement of the mission of the officers responsible for the advisory and assistance function in the implementation of the rules of hygiene and safety (prevention assistants and advisors), and the improvement of the network of officers responsible for the occupational health and safety inspection function (work health and safety inspectors). Finally, the decree provides for the development of health services at work, by modernizing the prevention system, proposing new methods of organising preventive medicine and promoting the development of multidisciplinarity around the prevention doctor.
References: this decree and the consolidated version of the Decree No. 82-453 of 28 May 1982 can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Budget, Public Accounts, Public Service and State Reform, Government Spokesperson,
Vu le Electoral codeincluding articles L. 5 and L. 6;
Considering the environmental code, including its article L. 512-1;
Vu le Mining codearticles L. 211-2 and L. 211-3, titles II to VII, chapter II of title VIII of Book II;
Considering the rural and fishing code, including articles L. 717-2, L. 717-9 and R. 717-38;
Vu le Public Health Codeincluding articles L. 1110-4 and L. 1110-7;
Vu le Labour code ;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu la Act No. 2010-751 of 5 July 2010 amended to renovate the social dialogue and to include various provisions relating to the public service;
Vu le Decree No. 82-453 of 28 May 1982 modified on health, safety and medical prevention in the public service;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 86-442 of 14 March 1986 amended on the designation of accredited doctors, the organization of medical committees and reform committees, on the conditions of physical fitness for admission to public employment and the sick leave scheme of public servants;
Vu le Decree No. 2006-781 of 3 July 2006 Amending the terms and conditions for the payment of costs incurred by the temporary movement of civil personnel of the State;
Vu le Decree No. 2007-1470 of 15 October 2007 modified on vocational training throughout the life of state officials;
Vu le Decree No. 2008-370 of 18 April 2008 organizing the conditions for the exercise of functions, in a position of activity, in the state administrations;
Vu le Decree No. 2011-184 of 15 February 2011 relating to technical committees in government departments and public institutions of the State;
Considering the opinion of the Supreme Council of the State Civil Service of 24 January 2011;
The State Council (Section of Administration) heard,
Decrete:

  • Chapter I: Provisions to amend the rules relating to occupational health and safety and to medical prevention in the public service Article 1 Learn more about this article...


    Article 1 of the above-mentioned Decree of 28 May 1982 is thus written:
    "Art. 1st. This Order applies:
    « 1° State administrations;
    « 2° State public institutions other than those of an industrial and commercial character;
    « 3° To the workshops of State public institutions providing technical or vocational education, subject to provisions of the last paragraph of Article L. 4111-3 of the Labour Code

    Article 2 Learn more about this article...


    Article 3 of the same decree is replaced by the following provisions:
    “Art. 3. ― In the administrations and institutions referred to in Article 1, the rules applicable to health and safety are, subject to the provisions of this decree, those defined in Books I to V of Part IV of the Labour Code and the decrees made for their application as well as, where applicable, by Article L. 717-9 of the Rural and Maritime Fisheries Code for the personnel of these administrations and institutions carrying out the activities concerned by this section. Orders of the Prime Minister and ministers responsible for the public service, the budget and the work, taken after the advice of the Central Committee of Hygiene and Security, determine, where appropriate, the specific terms and conditions of application required by the specific operating conditions of these administrations and institutions."

    Article 3 Learn more about this article...


    After article 3-1 of the same decree is inserted an article 3-2 as follows:
    "Art. 3-2. ― A occupational health and safety register is opened in each service and held by the agents mentioned in section 4. This document contains comments and suggestions from agents on occupational risk prevention and improved working conditions.
    "The occupational health and safety register is made available to all employees and, where applicable, users. It is also available to occupational health and safety inspectors and health, safety and working conditions committees. »

    Article 4 Learn more about this article...


    Article 4 of the same decree is replaced by the following provisions:
    “Art. 4. ― Within the scope of the Hygiene, Safety and Working Committees, Prevention Assistants and, where appropriate, Prevention Advisors are appointed by the heads of service concerned, under whose authority they serve. Prevention assistants are the level of proximity of the network of prevention agents. Prevention advisers provide a coordination mission; they are instituted where the importance of professional risks or staffing or where the territorial organization of the department or public institutions warrant it.
    "The chiefs of service concerned shall send to the officers mentioned in the first paragraph a letter of cadrage that defines the means available to them for the performance of their duties. A copy of this letter is provided to the hygiene, safety and working conditions committee in which the officer is placed.
    "The provisions of this Article and Article 4-1 shall not affect the principle of the responsibility of the head of service referred to in 2-1. »

    Article 5 Learn more about this article...


    Article 4-1 of the same decree is amended as follows:
    1° The first paragraph is replaced by the following paragraph:
    "The mission of the agents referred to in Article 4 is to assist and advise the chief of service, to whom they are placed, in the risk assessment approach and in the implementation of a risk prevention policy as well as in the implementation of occupational safety and hygiene rules aimed at:"
    2° In the fifth preambular paragraph, the words "health and safety notebooks" are replaced by the words "health and occupational safety register";
    3° After the fifth preambular paragraph, a sixth preambular paragraph should read:
    "As part of this mission, the agents mentioned in Article 4:
    " ― propose practical measures to improve risk prevention;
    " ― participate, in collaboration with other actors, in the awareness, information and training of personnel. »
    4° The last paragraph is deleted.

    Article 6 Learn more about this article...


    In article 4-2 of the same decree, the words "health" are replaced by the words "health".

    Article 7 Learn more about this article...


    Article 5 of the same decree is replaced by the following provisions:
    “Art. 5. ― Officials or agents responsible for performing the duties of occupational health and safety inspection as defined in Article 5-2 shall be designated in the state administrations by the Minister, and in public institutions of the State subject to the provisions of this decree by the Director of the institution, subject to the provisions provided for in the second paragraph of Article 5-1.
    "These staff and officers, known as health and safety inspectors at work, may carry out their duties on behalf of several government departments and public institutions. »

    Article 8 Learn more about this article...


    Article 5-1 of the same decree is replaced by the following provisions:
    "Art. 5-1. ― In government departments, occupational health and safety inspectors are attached, in the exercise of their duties, to the general inspection services of the ministries concerned. Joint Orders of the Minister responsible for the Public Service and the Ministers concerned designate the relevant general inspection services and define the terms and conditions for their attachment to such general inspections.
    "In public institutions of the State subject to the provisions of this decree, occupational health and safety inspectors are attached to the general inspection service of the institution or, if not, to the director of the institution. They may, however, be attached to the general inspection service of the guardianship department(s) on the proposal of the establishment's legislative body. In this case, they are appointed by the minister(s) concerned.
    "The head of the occupational health and safety inspectors' liaison service addresses to the inspectors a mission letter that defines the duration and conditions of their mission. This letter is provided for information to the appropriate committee on hygiene, security and departmental working conditions or public establishment. In the case of an officer performing an inspection function on behalf of several departmental departments or public institutions, the letter of mission shall be signed by the heads of the related attachment services and transmitted for information to the relevant hygiene, security and working conditions committees. »

    Article 9 Learn more about this article...


    In article 5-2 of the same decree, a second paragraph is inserted as follows:
    "In this context, they have free access to all facilities, premises and workplaces that are dependent on the services to be inspected and are subject to regulatory records. »

    Article 10 Learn more about this article...


    Section 5-3 of the same Order is replaced by the following:
    "Art. 5-3. - Training in health and safety is provided to health and safety inspectors prior to taking office. This training, conducted according to a theoretical and practical program, is organized under the responsibility of the Minister for Public Service. The general programme of this training is presented to the Central Committee of Hygiene and Security of the Supreme Council of the Public Service of the State."

    Article 11 Learn more about this article...


    In the last paragraph of section 5-5 of the same decree, the word "local" is replaced by the words "in close proximity" and the words "in the centre of hygiene and security" are replaced by the words: "in hygiene, security and working conditions of central administration or, where applicable, competent ministerial for the service concerned".

    Article 12 Learn more about this article...


    Article 5-6 of the same decree is replaced by the following provisions:
    "Art. 5-6. I. ― The officer shall immediately notify the competent administrative authority of any work situation on which he or she has reasonable grounds to believe that he or she poses a serious and imminent danger to his or her life or health, as well as any defect that he or she finds in the protection systems.
    "He can withdraw from such a situation.
    "The administrative authority cannot ask the officer who has used his right to withdraw to resume his or her activity in a working situation where a serious and imminent danger persists, including a defect in the protection system.
    “II. ― No penalty, no pay restraints may be taken against an officer or group of agents who have withdrawn from a work situation of which they had a reasonable reason to believe that it was a serious and imminent danger to the life or health of each of them.
    "III. ― The faculty open to this article must be exercised in such a way that it cannot create a new situation of grave and imminent danger for others.
    "IV. ― The determination of security missions of goods and persons that are incompatible with the exercise of the right of individual withdrawal defined above as it would jeopardize the very execution of the duties of this service, including in the areas of customs, police, prison administration and civil security, is carried out by interdepartmental order of the minister responsible for the public service, the minister responsible for the work and the minister »

    Article 13 Learn more about this article...


    Article 5-7 of the same decree is replaced by the following provisions:
    "Art. 5-7. ― The representative of staff on the hygiene, safety and working conditions committee who finds that there is a cause of serious and imminent danger, including through an officer, shall immediately alert the head of service or his representative in accordance with the procedure provided for in the first paragraph of section 5-5 and shall record that notice in the register established under the conditions set out in section 5-8.
    "The Chief of Service immediately conducts an investigation with the representative of the hygiene, safety and working conditions committee who reported the danger to him and makes the necessary arrangements to remedy it. He informs the committee of the decisions taken.
    "In the event of a discrepancy on the reality of danger or how to stop it, including by stopping the work, the machine or the installation, the hygiene, safety and relevant working conditions committee shall be convened urgently, within a period not exceeding twenty-four hours. The Labour Inspector is informed of this meeting and may attend.
    "After taking note of the opinion of the hygiene, safety and working committee, the administrative authority shall determine the measures to be taken.
    "If there is no agreement between the administrative authority and the committee of hygiene, security and working conditions on the measures to be taken and their conditions of execution, the inspector of work is required. »

    Article 14 Learn more about this article...


    After 5-9, an article 5-10 is inserted as follows:
    "Art. 5-10. ― The administrative authority shall take the necessary measures and give the necessary instructions to allow the officers, in the event of serious and imminent danger, to stop their activity and to secure themselves by leaving the workplace immediately."

  • Chapter II: Health and Safety Training Provisions Article 15 Learn more about this article...


    In article 6 of the same decree, after the words: "service accident" are added the words: "work or work".

    Article 16 Learn more about this article...


    Article 8 of the same decree is amended as follows:
    1° In the first paragraph, the words "title IV" are replaced by the words "chapter IV", after the word "mandate", are inserted the words "renewed to each mandate", the reference: "L. 434-10" is replaced by the reference: "R. 2325-8" and the words: "by bodies approved by ministerial order" are replaced by the words "placed by the administration or institution concerned" or by the words
    2° In the second paragraph, the words: "Article 7 of Decree No. 85-607 of 14 June 1985 modified on the vocational training of state officials" are replaced by the words: "theArticle 1 of Decree No. 2007-1470 of 15 October 2007 relating to vocational training throughout the life of state officials";
    3° The third paragraph is deleted.

    Article 17 Learn more about this article...


    After article 8 of the same decree, an article 8-1 is inserted as follows:
    "Art. 8-1. ― The training referred to in section 8 is provided under the conditions provided for in Articles R. 4614-21 and R. 4614-23 of the Labour Code. It must allow staff representatives in hygiene, security and working conditions committees:
    « 1° To develop their ability to detect and measure occupational risks and their ability to analyze working conditions;
    « 2° Initiate them to the methods and processes to be implemented to prevent occupational risks and improve working conditions."

    Article 18 Learn more about this article...


    Article 9 of the same decree is replaced by the following provisions:
    “Art. 9. ∙ The trainings provided for in articles 4-2.5-3 and 6 of this Order are subject to 2° of Article 1 of Decree No. 2007-1470 of 15 October 2007 concerning professional training throughout the life of state officials."

  • Chapter III: Prevention Medicine Provisions Article 19 Learn more about this article...


    Article 10 of the same decree is replaced by the following provisions:
    “Art. 10. ― A preventive medicine service, whose organizational terms are set out in Article 11, is established in the state public administrations and institutions subject to the provisions of this decree.
    "The role of the Prevention Medicine Service is to prevent any impairment of the health of agents as a result of their work. It leads health activities to work, with the aim of preserving the physical and mental health of workers throughout their career path.
    "In order to ensure the implementation of the medical, technical and organizational skills necessary for the prevention of occupational hazards and for the improvement of working conditions, the preventive medicine service is used as a need, along with the prevention physician, nurses and, where applicable, medical secretaries, to persons or organizations with expertise in these areas.
    "The multidisciplinary team thus formed is placed under the responsibility of the chief of service and is coordinated by the preventive physician. The independence of individuals and organizations associated outside the administration is guaranteed under a convention that specifies:
    « 1° The actions entrusted to them and the modalities of their exercise;
    « 2° The means available to them and the rules ensuring their access to places of work and the conditions for the fulfilment of their missions, including those that ensure the free presentation of their observations or proposals.
    "Social services can be associated with the implementation of the multidisciplinary team's actions. »

    Rule 20 Learn more about this article...


    Article 11 of the same decree is replaced by the following provisions:
    “Art. 11. ― The missions of the preventive medicine service are carried out by one or more physicians who take the name of a preventive doctor who belong to:
    "at the service created by public administration or establishment;
    “–to a common service to several jurisdictions to which they have joined;
    "at a workplace health service governed by title II of Book VI of Part IV of the Labour Code with which the public administration or institution passes a convention after notice of the hygiene, safety and working conditions committee. In this case, the articles of Labour code governing the monitoring and consultation bodies of health services at inter-enterprising work does not apply, and the committee of hygiene, safety and relevant working conditions is informed for advice of the organization and operating procedures of this medical sector;
    "at a work health service in agriculture provided for in Article L. 717-2 of the rural code with which the public administration or institution passes a convention under the conditions laid down in Article R. 717-38 of the same code;
    "in the absence of a non-profit association to which the public administration or institution has acceded, after the advice of the hygiene, security and relevant working conditions committee, and having received an approval for a specific medical sector reserved for public officials. A joint order of the Minister of Labour, the Minister of Public Service and the Minister responsible for the budget sets out the conditions of approval that must ensure a level of guarantee equivalent to that required for the operation of the prevention services provided in the second and third paragraphs of this section. »

    Article 21 Learn more about this article...


    Article 11-1 of the same decree is amended as follows:
    1° In the first paragraph, after the first sentence, it is inserted a sentence as follows: "It acts in the exclusive interest of the health and safety of the agents in which it provides medical supervision";
    2° After the first paragraph, two sub-items are inserted:
    "Without prejudice to the missions of physicians responsible for physical fitness visits, the preventive physician may make a notice or make proposals at the time of the officer's assignment to the workstation in the light of the particularities of the officer and the health status of the officer.
    "In this case, the respective roles of the preventive physician and the registered physician are exercised in a complementary manner: the registered physician shall verify the fitness for public employment; the prevention physician checks the compatibility of the agent's state of health with the working conditions related to the officer's position. » ;
    3° In the fourth paragraph, the words: "Central or Local Health and Safety Committee" are replaced by the words: "Health, Safety and Working Conditions Committee".
    4° In the fifth paragraph, the reference: "L. 418" is replaced by the reference: "L. 4124-2".

    Article 22 Learn more about this article...


    In article 13 of the same decree, the reference is "R. 241-29" and the reference is "R. 4623-2".

    Article 23 Learn more about this article...


    The third paragraph of Article 15-1 of the Decree is thus amended:
    1° The first sentence is deleted;
    2° The words: "it is communicated" are replaced by the words: "this form is communicated";
    3° The words: ", 5-1" are deleted;
    4° The words "28 and 49" are replaced by the words "28 and 63".

    Article 24 Learn more about this article...


    In article 19 of the same decree, the words "title IV" are replaced by the words "chapter IV".

    Rule 25 Learn more about this article...


    The third paragraph of Article 26 of the Decree is replaced by the following provisions:
    "When these proposals are not approved by the administration, the administration must motivate its refusal and the hygiene, safety and working conditions committee must be kept informed."

    Rule 26 Learn more about this article...


    In article 27 of the same decree, after the words: "service accident" are added the words: "work or work".

    Rule 27 Learn more about this article...


    After article 28-1 of the same decree, an article 28-2 is inserted as follows:
    "Art. 28-2. ― A occupational health medical record is constituted by the preventive physician under the conditions provided for in theArticle L. 4624-2 of the Labour Code. During the first medical examination, the preventive doctor shall trace in accordance with the provisions of the articles L. 1110-4 and L. 1111-7 of the Public Health Code information on the condition of the agent and the opinions of the various medical authorities formulated under theArticle 63 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State.
    "The model of the medical file, the duration and conditions of its conservation are set by joint decree of the ministers responsible for the work and the public service. »


    “Chapter IV



    “ Provisions concerning competent bodies
    Health and Safety

    Rule 28 Learn more about this article...


    Title IV of the same decree, including articles 29 to 60, is replaced by the following:


    « TITRE IV



    "HYGIÈNE, SECURITY AND WORKING CONDITIONS COMMITTEE


    “Art. 29. ― Hygiene, Safety and Working Committees established by theArticle 16 of Act No. 84-16 of 11 January 1984 having statutory provisions relating to the public service of the State shall be governed by the provisions laid down in this title.
    "Art. 30. ― The general organization of health, safety and working committees within a ministerial department is established after consultation with trade union organizations represented on the ministerial technical committee of that department.


    “Chapter I



    "Organization of Health, Safety Committees
    and working conditions


    “Art. 31. ― In each department, a committee on hygiene, security and departmental working conditions is established with the Minister by order of the minister concerned.
    "It can be established a committee of hygiene, security and common working conditions for several ministerial departments by joint order of the ministers concerned.
    "By derogation from the first paragraph, a single committee of hygiene, security and working conditions for several ministerial departments may be established by joint order of the ministers concerned.
    "In the cases referred to in the second and third paragraphs above, the Order specifies the Minister(s) to which the Health, Safety and Working Committee is placed.
    “Art. 32. ― For each central administration, a committee of hygiene, security and working conditions of proximity shall be established, by order of the Minister, referred to as a committee of hygiene, security and working conditions of central administration, placed with the Secretary General or the Director of Human Resources of the central administration, competent for central administration services and for services of national jurisdiction.
    "It may be established a committee of hygiene, security and common working conditions of central administration placed with the secretary(s) general or the human resources director(s) of the central administration of several ministerial departments, by joint decree of the ministers concerned.
    "By derogation from the first paragraph, it may be established, by joint order of the ministers concerned, a committee of hygiene, security and the unique working conditions of central administration for the central administrations of several ministerial departments. The Order determines the Secretary General or the Human Resources Director(s) to whom or where the Committee is placed.
    "Also derogated from the first paragraph, where a department does not have deconcentrated services, the establishment of a health, safety and working conditions committee is optional. In this case, the committee of hygiene, security and ministerial working conditions replaces the committee of hygiene, security and working conditions of central administration.
    “Art. 33. ― It may be established, by order of the Minister, to a Director General, a committee of hygiene, security and relevant network working conditions for the central services, the decentralized services or the nationally competent services under that direction, as well as for the public institutions of the State, subject to an exclusive link in terms of missions and organisation.
    "In this case, the hygiene, security and working conditions of the staff assigned to the central services of this network is either the hygiene, security and working conditions of the central administration referred to in section 32, or a committee of hygiene, security and working conditions of the community, created for these personnel by order of the Minister, known as the hygiene, safety and working conditions of the central service.
    " Similarly, the committee of hygiene, security and working conditions of the staff assigned to a national service under the network is either the committee of hygiene, security and working conditions of the central administration referred to in section 32, or a committee of hygiene, security and working conditions of the community, created for these personnel, by order of the Minister, referred to as the committee of hygiene, safety and conditions of work of the national council
    "By derogation from the two preceding paragraphs, the Committee on Hygiene, Security and Working Conditions of Central Network Service may constitute the Committee on Hygiene, Safety and Working Conditions of the Staff assigned to a national service in the event of insufficiency in that service or where the interest of the service justifies it.
    “Art. 34. ― At the deconcentrated level, depending on the territorial organization of the ministerial department concerned, is established, by order of the minister, at least one hygiene, security and close working conditions committee known as the hygiene, security and working conditions committee with the deconcentrated chief of service concerned. When the deconcentrated service is placed under the authority of several ministers, the committee is established by a joint order of these ministers.
    "It is also created, by order of the prefect, with the departmental director interdepartmental, a committee of hygiene, security and working conditions of departmental interdepartmental management.
    "It may be established a committee of hygiene, security and working conditions common to all or part of the deconcentrated services of the same territorial level or located within the same geographic scope, within one or more departments, placed with one or more heads of service or the respective territorial jurisdiction, by joint order of the ministers concerned.
    "By derogation from the first paragraph, it may be established, by order of the minister(s) concerned, a committee of hygiene, security and unique working conditions for all or part of the deconcentrated services of the same territorial level, under one or more ministerial departments, to the deconcentrated service(s) designated for that purpose.
    "By derogation from the first paragraph, a single committee of hygiene, security and working conditions may be established, by order of the Minister(s) concerned, for all or part of the deconcentrated or off-site services located within the same geographical area and under the same ministerial department or group of departmental departments with common staff management, to the designated service(s).
    “Art. 35. I. ― In each public institution of the State that does not have an industrial or commercial character, a committee of hygiene, security and working conditions referred to as a committee of hygiene, security and working conditions of public establishment, placed with the director or director general of the public institution concerned, shall be established by order of the guardianship minister(s).
    "It may be created a committee of hygiene, security and common working conditions for all or part of the state public institutions that do not have an industrial or commercial character dependent on the same ministerial department, by order of the guardianship minister(s). The creation order determines the authority(s) to which or where the hygiene, safety and working conditions committee is established.
    "By derogation from the first paragraph, a committee of hygiene, security and unique working conditions may be established for several public institutions of the State that do not have an industrial or commercial character in the event of insufficient numbers in one of these institutions, by order of the guardianship minister or guardianship minister. The creation order determines the authority(s) to which or where the hygiene, safety and working conditions committee is established.
    “II. ― Within each independent administrative authority that has no legal personality, except in the event of insufficient staffing, a health, safety and working conditions committee shall be established with the independent administrative authority, by decision of the independent administrative authority.
    “Art. 36. ― Hygiene, security and special working conditions of service or service group may be created, provided that the regrouping of agents in the same building or set of buildings makes it necessary, or that the importance of the particular workforce or occupational hazards justifies it:
    « 1° Concerning services other than deconcentrated:
    “(a) With a Director General, Director or Chief Administrative Officer, by order of the Minister;
    “(b) With a head of service with national jurisdiction, by order of the minister;
    "(c) With the official of one or more entities of a nationally competent service, a public institution of the State that does not have an industrial and commercial character, an independent administrative authority that does not have a legal personality, by a decision of the head of service or the director or director general concerned;
    "(d) With a Director General, Director, Head of Central Administration Service for all or part of the national jurisdiction services under one or more ministerial departments, by order of the Minister(s) concerned;
    « 2° With respect to deconcentrated services:
    “(a) With one or more ministers or one or more directors of central administration for all or part of the ten-centred services of the department(s) concerned, or of the branch(s) concerned, by order of the minister(s) concerned;
    “(b) With the territorially competent prefect or, where appropriate, one or more heads of services deconcentrated for all or part of the deconcentrated or off-site services, within one or more ministerial departments, located in the same regional or departmental geographic area, by order of the or interested ministers;
    "(c) With a decicent chief of service for all services under his or her authority when no hygiene, security and working conditions of proximity have been established with him pursuant to section 34 of this Order, by order of the Minister;
    "(d) With the person responsible for one or more entities of a service decuncated by order of the decuncated chief of service concerned.
    "The establishment of the committees referred to in c and d of 1° and d of 2° of this article shall be decided after consultation with the trade union organizations represented in the technical committee of the service, public establishment or administrative authority concerned.
    "Art. 36-1. — The provisions of sections 34 and 36 apply to the establishment of hygiene, security and working conditions committees for the benefit of civilian gendarmerie personnel.
    “Art. 37. ― The order or decision to establish a committee of hygiene, safety and working conditions shall determine the technical committee(s) to which it shall assist in the matter under its jurisdiction in accordance with section 48.
    “Art. 38. — The establishment of hygiene, safety and special working conditions committees under section 36 may be proposed by the occupational health and safety inspector.


    “Chapter II



    " Composition of Safety Hygiene Committees
    and working conditions


    “Art. 39. ― Hygiene, Safety and Working Committees shall include, in addition to the authority(s) to which they are placed, the person responsible for human resources management and staff representatives.
    "The number of representatives of the incumbent staff cannot exceed seven in respect of the hygiene, security and working conditions committees established pursuant to sections 31,32 and 33 of this Order. For other committees, the number of staff representatives is between three and nine. These incumbent representatives have an equal number of alternates.
    "The number of staff representatives is determined, depending on the size of the workforce or the nature of the occupational risks, by the order or decision establishing the committee.
    "The preventive physician and the agents mentioned in section 4 attend meetings of the hygiene, safety and working conditions committee.
    "In addition, at each meeting of the committee, the chair shall be assisted as necessary by the representative(s) of the administration exercising responsibility with him and interested in matters or draft texts submitted to the committee's opinion.
    "An officer, by the authority to which the committee is placed, attends the meetings.
    “Art. 40. - In addition to the persons provided for in section 39, the occupational health and safety inspector may attend the work of the hygiene and safety committee. He is informed of the meetings and the agenda of the hygiene, security and working conditions committees of his jurisdiction.
    "Art. 41. ― The duration of the term of office of staff representatives in hygiene and safety committees and working conditions is four years.
    "However, when a committee is created or renewed during the electoral cycle, staff representatives are appointed under the conditions set out in this Order for the duration of the term remaining to be carried out before the general renewal.
    "In the event of reorganization of services under the electoral cycle, the hygiene and security committees or the existing working conditions of the service(s) concerned may remain competent, by order or decision of the authority(s) concerned, and, where appropriate, shall sit in joint training until the following general renewal, provided that joint training corresponds to the scope of the hygiene, security and working conditions committee to be established within the new service. The mandate of the members of these bodies is maintained for the same period.


    “Chapter III



    "Designation of members of hygiene committees
    and working conditions


    “Art. 42. ― Staff representatives in health, safety and working committees are freely designated by trade union organizations of civil servants fulfilling, in the public service of the State, the conditions required by the StateArticle 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants.
    "For this purpose, for each ministerial department, management, service or public institution to be appointed to have a committee of hygiene, security and working conditions pursuant to the articles of this decree, a list of trade union organizations authorized to designate representatives and the number of seats to which they are entitled is arrested, proportionally to the number of votes obtained during the election or designation of staff representatives in the technical committees.
    "By derogation from the second paragraph, in the absence of a technical committee at the level where the hygiene, safety and working conditions committee is established, the list of trade union organizations authorized to designate representatives and the number of seats to which they are entitled may be decided under the following conditions:
    « 1° Either, for the composition of a committee of hygiene, security and working conditions of a broader scope, by addition of the votes obtained for the composition of technical committees of a smaller scope;
    « 2° Either, for the composition of a committee of hygiene, security and restricted working conditions, by counting on this level the votes collected for the composition of a technical committee of a broader scope;
    « 3° Following a consultation of staff in accordance with the procedure provided for in the articles 18 to 33 of Decree No. 2011-184 of 15 February 2011 relating to technical committees in government departments and public institutions of the State.
    "The seats obtained are distributed to the proportional representation to the highest average.
    "The list referred to in the first and second paragraphs of this section is prepared by an order or decision of the authority to which the committee is constituted. Such an order or decision shall provide for the appointment of staff representatives.
    “Art. 43. ― Staff representatives may be selected from officers who perform their duties within the scope of the departmental department, branch(s), service(s) or public institution under which the committee is established.
    "These officers must meet the following conditions within the committee scope:
    « 1° When they have the status of a full-time employee, be in a position of activity or parental leave or be accommodated in a secondment or assignment under the conditions of Decree No. 2008-370 of 18 April 2008 or made available;
    « 2° When they are an intern employee, be in an activity or parental leave position. Students and interns in school cannot be designated staff representatives;
    « 3° When they are contractual agents of public law or private law, benefit from an indeterminate contract or for at least two months, from a minimum contract of six months or from a contract that has been renewed successively for at least six months. In addition, they must perform their duties or be on paid leave or on parental leave;
    « 4° When they are workers, be in effective service or on parental leave or receive any form of paid leave or be received by way of availability. Among this category of agents, those who perform the job test internship cannot be designated.
    “Art. 44. ― In addition to the conditions set out in section 43, cannot be designated:
    « 1° Long-term, long-term or severe sick leave;
    « 2° Agents who have been struck by a temporary demotion or exclusion of the functions from three months to two years, unless they have been amnestied or have received a decision accepting their application that no evidence of the sanction imposed remains on their file;
    « 3° Agents with one of the incapacities set out in Articles L. 5 and L. 6 of the Electoral Code.
    "These exclusions are applicable to incumbents or interns, contract agents of public or private law, and workers' status officers to be appointed as staff representatives.
    “Art. 45. ∙ The term of office of a representative of the incumbent or alternate staff is terminated:
    « 1° When he resigns from his mandate;
    « 2° When it no longer meets the conditions laid down in Article 43 of this Decree;
    « 3° When placed in a case provided for in article 44, causing him to lose his representative status;
    « 4° When the trade union organization that has designated it applies in writing. The termination of office is effective one month after the receipt of the application by the authority to which the committee is placed.
    "When a staff representative is terminated, he is replaced by a designated representative under the same conditions.
    "The alternate is appointed for the remainder of the term.
    “Art. 46. ― The nominative list of staff representatives to hygiene, safety and working committees, as well as the indication of their usual place of work, must be brought to the attention of officers.


    “Chapter IV



    " Role of Technical Committees and Hygiene Committees
    and working conditions


    “Art. 47. ― In accordance withArticle 16 of Act No. 84-16 of 11 January 1984 and subject to the competence of the technical committees referred to in section 48 of this Order, the hygiene, security and working conditions committees shall be responsible, with respect to the staff of the staff of their field of competence and that provided and placed under the responsibility of the head of service by an external company:
    « 1° To contribute to the protection of physical and mental health and security;
    « 2° To contribute to the improvement of working conditions, in particular with a view to facilitating women's access to all jobs and responding to maternity problems;
    « 3° To ensure compliance with legal requirements in these substances.
    “Art. 48. ― The Technical Committee shall be assisted by the Hygiene, Safety and Working Committee in matters within its competence and may take up any matter. It also examines the issues before it by the Committee on Hygiene, Safety and Conditions of Work to which it is assisting under the conditions set out in section 37.
    "The technical committee shall be notified of the annual report and, where appropriate, of the annual occupational risk prevention program provided for in section 61 below, together with the advice provided by the hygiene, safety and working conditions committee.
    "When there is no committee on hygiene, safety and working conditions, the technical committee is competent to issue a notice on matters and draft texts relating to hygiene, safety and working conditions.
    “Art. 49. ― Hygiene, Safety and Working Committees are competent to consider matters of concern to the only services under which they were established.
    "However:
    « 1° The Hygiene, Safety and Ministerial Working Committee may be given jurisdiction to consider matters common to all or part of the administrative public institutions under the department under consideration, where there is no hygiene, security and working conditions common to those establishments created for that purpose or the interest of the service commands it;
    « 2° The Hygiene, Safety and Ministerial Working Committee may be given jurisdiction to consider matters relating to one or more public institutions in the event of insufficient staffing in these institutions;
    « 3° The Joint Hygiene, Safety and Working Committees established pursuant to Articles 31,32,34 and 35 of this Order are solely competent for the consideration of common issues of interest to the services for which they are created.
    "Art. 50. - Without prejudice to the provisions set out in 1° and 2° of Article 49, the Committee on Hygiene, Security and Ministerial Working Conditions shall consider matters under sections 47 and 57 to 60 of which shall be of interest to all central services, national services and decentralized departments of the Department.
    "It discusses at least once a year the department's strategic directions for occupational risk prevention policy.
    "It is also consulted or read the documents provided for in the 1st of Article 61 and in Article 63.


    “Chapter V



    "Attributions of Safety Hygiene Committees
    and working conditions


    “Art. 51. ― The hygiene, safety and working conditions committee conducts the analysis of occupational risks under the conditions defined by theArticle L. 4612-2 of the Labour Code.
    "The Committee on Hygiene, Safety and Working Conditions also contributes to the promotion of occupational risk prevention and raises any initiative that it considers useful from this perspective in accordance with Article L. 4612-3 of the Code. It can include actions to prevent moral harassment and sexual harassment.
    "The hygiene, safety and working conditions committee suggests any measures to improve the hygiene and safety of work, to ensure the training and development of agents in the areas of hygiene and safety. It cooperates in the preparation of hygiene and safety training activities and ensures their implementation.
    "He exercises his powers and is consulted in the conditions and limits specified for each category of committee by articles 49 and 50 of this decree.
    "Art. 52. • The members of the hygiene, safety and working conditions committee shall regularly visit the services within their scope. They shall have the right to access the premises under their geographical jurisdiction within the scope of the missions entrusted to them by the said committee, in accordance with the procedure provided for in Article 72. A deliberation of the committee sets the object, the geographic area of the visit and the composition of the delegation responsible for this visit.
    "This delegation of the hygiene, security and working conditions committee must include the chair or his representative and staff representatives. It may be assisted by the prevention physician, the occupational health and safety inspector and the assistant or prevention advisor. The missions carried out under this section must give rise to a report submitted to the committee.
    "All facilities must be granted to delegations of hygiene, security and working conditions committees in the exercise of this right.
    "The conditions for exercising the right of access may be subject to adaptation in respect of jurisdictions or services subject to access procedures reserved by regulation. These adaptations are set by a joint decision of the Minister for Public Service and the Minister concerned.
    “Art. 53. ― The hygiene, safety and working conditions committee shall, as part of its investigation mission in respect of occupational accidents, accidents of service or occupational or occupational diseases, conduct an investigation on the occasion of each service accident or occupational or occupational illness within the meaning of 3° and 4° of Article 6.
    "The investigations are carried out by a delegation comprising the Chairperson or his representative and at least one representative of the trade union organizations serving on the committee. The preventive physician, the assistant or, where appropriate, the prevention advisor as well as the occupational health and safety inspector may participate in the delegation.
    "The committee is informed of the findings of each investigation and the follow-up.
    “Art. 54. ― The hygiene, safety and working conditions committee may ask to hear the head of a neighbouring institution whose activity exposes workers of its jurisdiction to particular nuisances. The Committee is informed of the follow-up to its comments.
    "Art. 55. ― The hygiene, safety and working conditions committee may request the chair to appeal to an authorized expert in accordance with articles R. 4614-6 et seq. of the Labour Code :
    « 1° In the event of a serious risk, whether revealed or not by a service accident or by an occupational accident or in the event of a professional or occupational illness;
    « 2° In the event of an important project amending health and safety conditions or working conditions, provided for in Article 57;
    "The costs of expertise are borne by the administration or establishment of the hygiene, safety and working conditions committee.
    "The Chief of Service or Institution shall provide the expert with the information necessary for his mission. The latter is subject to the discretionary obligation set out in section 73.
    "The decision of the administration refusing to appeal to an expert must be substantially motivated. This decision is communicated to the committee on hygiene, security and ministerial working conditions.
    "In the event of serious and persistent disagreement between the committee and the administrative authority on the use of the approved expert, the procedure provided for in Article 5-5 may be implemented.
    "Art. 56. – The committee is informed of the visits and observations of the occupational health and safety inspector.


    “Chapter VI



    " Consultation of Health, Safety Committees
    and working conditions



    “Section 1



    « Consultations


    "Art. 57. The committee is consulted:
    « 1° On major development projects that modify health and safety conditions or working conditions and, in particular, prior to any significant changes in workstations resulting from changes in equipment, product change or work organization, prior to any change in rates and productivity standards related to or not work remuneration;
    « 2° On important projects to introduce new technologies and when these new technologies are introduced, when they are likely to have consequences on the health and safety of agents.
    "Art. 58. ― The hygiene, safety and working conditions committee is consulted on the general measures taken to facilitate the implementation, remission or maintenance of workplace accidents, war invalids, civil invalids and workers with disabilities, including the development of work stations.
    "Art. 59. ∙ In services with one or more facilities subject to authorization under section L. 512-1 of the Environmental Code or subject to the provisions of sections L. 211-2 and L. 211-3, titles II to VII and chapter II of title VIII of Book II of the Mining Code, documents prepared for the public authorities responsible for the protection of the environment shall be notified to the Committee of Health, Safety andArticle L. 4612-15 of the Labour Code and its implementing decrees.
    "Art. 60. ― The committee is consulted on the content of all documents related to its mission, including regulations and instructions that the administration plans to adopt in terms of health and safety.
    "These documents are also communicated, for advice, to occupational health and safety inspectors.
    "The committee is also aware of the observations and suggestions relating to occupational risk prevention and improvement of the working conditions recorded in the occupational health and safety register referred to in section 3-2.

    • Annual report and programme



      "Art. 61. ― Each year, the Chair submits for advice to the Health, Safety and Working Committee:
      « 1° An annual written report reviewing the overall health, safety and working conditions of the service(s) within the competence of the hygiene, safety and working conditions committee and the actions carried out during the past year in the areas within the competence of the hygiene, safety and working conditions committee by the articles of this decree. This assessment is based on, inter alia, the indications of the social balanceArticle 34 of Decree No. 2011-184 of 15 February 2011 referred to above and refers to the information contained in the register provided for in Article 5-8;
      « 2° An annual program for occupational risk prevention and improvement of working conditions based on the analysis defined in section 51 and the annual report. It sets out the detailed list of achievements or actions to be undertaken in the coming year. It specifies, for each realization or action, its conditions of execution and the estimation of its cost.
      "Art. 62. – The hygiene, safety and working conditions committee may propose a priority order and additional measures to the annual prevention program.
      "When certain actions in the prevention program have not been taken, the reasons are set out in the annex to the annual report.
      "Art. 63. ― The committee reviews the annual report prepared by the prevention physician pursuant to section 28.


      “Chapter VII



      "Operation of Health, Safety Committees
      and working conditions


      "Art. 64. ― Departmental Health, Safety and Working Committees are chaired by the Minister to whom they are established.
      "When a committee of hygiene, security and common working conditions in several ministerial departments is established pursuant to the second paragraph of section 31, it is chaired by the minister who has authority over the service that manages the staff of the services grouped in that committee. In other cases, the creation order designates the authority responsible for chairing it.
      "The hygiene, safety and community working committees or the hygiene, security and working conditions of other levels are chaired by the authority to which they are placed. In the case of hygiene, security and working conditions committees in several ministerial departments, the creation order designates the authority responsible for chairing it.
      "In the event of an incapacity, the President shall designate his representative from among the representatives of the administration exercising responsibility with him. Reference is made to the minutes of the meeting.
      "Art. 65. I. ― Where it appears desirable that issues common to several departments be considered by the same body, the ministerial committees concerned may be jointly, as often as necessary, convened by decision of the ministers concerned. The same decision shall mean, where appropriate, the ministers responsible for the chair of the meeting and the representative of the administration exercising the functions of responsibility authorized to serve as chair of the committee in the event of a failure of the minister(s).
      “II. ― When it appears desirable that issues common to the central administrations of different ministerial departments be considered by the same body, the hygiene, security and working conditions committees concerned may be jointly and, as often as necessary, by decision of the Secretaries General or Human Resources Directors of the central administrations concerned.
      "III. ― When it appears desirable that issues common to a number of deconcentrated services at the same level or at different levels of the various ministerial departments should be considered by the same body, the hygiene, security and working conditions committees of the services concerned may be jointly and, as appropriate, by order of the territorially competent prefect or, where appropriate, by ministers. The same order designates the authority responsible for presiding the session, which may be either the territorially competent prefect or a deconcentrated chief of service concerned.
      "IV. ― Where it appears desirable that matters common to all or part of public institutions be considered by the same proceeding, the hygiene, security and working conditions committees of the institutions concerned may be jointly, as often as necessary, by decision of the directors or general directors concerned. The same decision shall mean the director(s) responsible for the presidency.
      "Art. 66. ― The secretary of the hygiene, safety and working conditions committee is appointed by the staff representatives within them. At the appointment of the secretary, the term of office is also fixed. The rules of procedure shall determine the modalities of the designation.
      "After each meeting, a verbatim record of the proceedings and the details of the votes shall be drawn up. This document is signed by the chair and the secretary, then forwarded within one month to committee members. This report is submitted to the committee for approval at the next session.
      "Art. 67. ― Hygiene, Safety and Working Committee meetings may, where circumstances warrant and exceptionally, be organized by videoconference, provided that the use of this technique ensures that, throughout the session:
      « 1° Only persons authorized to be elected under this decree;
      « 2° Each member sitting with a deliberative vote has the opportunity to participate effectively in the debates;
      « 3° The president is in a position to exercise his police power at the session.
      "Art. 68. ― Each committee shall establish its rules of procedure according to a model regulation established after the advice of the specialised commission of the Supreme Council of the Public Service of the State.
      "Art. 69. with the exception of those exclusively dealing with common issues, hygiene, security and working conditions committees meet at least three times a year on the convocation of their president, on his initiative or within the maximum of two months, upon written request of half of the staff representatives without exceeding three representatives.
      "In addition, the hygiene, safety and working conditions committee for the service or the agent concerned shall be met as a result of any accident that has resulted or may have resulted in serious consequences.
      "Art. 70. ― The summons of the hygiene, security and working conditions committee sets out the agenda of the session. The Secretary of the Health, Safety and Working Committee is consulted prior to the definition of the agenda and may propose the inclusion of agenda items.
      "The matters within the competence of the hygiene, security and working conditions committee that have been requested by staff representatives under the conditions set out in section 69 shall be on the agenda.
      "Alternatives may attend meetings of the committee without being able to participate in the debates.
      "The chair of the committee, at his initiative or at the request of representatives of the committee, may convene experts to be heard on an agenda item.
      "In addition, health, safety and working conditions committees may consult with any person who appears to be qualified.
      "The experts and qualified people do not have a deliberate voice. They can only attend part of the debates on the issues of the agenda for which their presence has been requested.
      "Art. 71. ― Hygiene, Safety and Working Committees shall only deliberate on the condition that they observe the rules of constitution and operation defined by the Act No. 83-634 of 13 July 1983 and by Act No. 84-16 of 11 January 1984 and the present decree and the rules of procedure.
      "In addition, at least half of staff representatives must be present at the opening of the meeting.
      "When this quorum is not reached, a new convocation is sent within eight days to the members of the committee, who then sits validly on the same agenda regardless of the number of staff representatives present.
      "When hygiene, safety and working conditions committees sit in joint training, quorum conditions are assessed on joint training and not on each committee.
      "Art. 72. – Only representatives of incumbent staff participate in the vote. Alternate voices are deliberate only in the absence of the incumbents they replace.
      "The representatives of the administration, the prevention physician, the prevention assistant or counsellor, and the occupational health and safety inspector as well as the experts do not participate in the vote.
      "The hygiene, safety and working conditions committees give their opinion to the majority of the present. The vote is taken by hand. Agreed. In case of equal sharing of votes, the notice is deemed to have been given or the proposal made.
      "When the hygiene, safety and working conditions committees are together, the voting conditions are appreciated on joint training and not on each committee.
      "Art. 73. ― Committee meetings are not public.
      "People who participate, in any capacity, in the work of the hygiene, safety and working conditions committee shall be held at the duty of professional discretion on the basis of the documents and documents that they were aware of during this work.
      "Art. 74. – All facilities must be provided to committee members to perform their duties. In addition, communication must be given to them of all documents and documents necessary for the performance of their functions no later than fifteen days before the date of the sitting.
      "Art. 75. ― A leave of absence is granted to staff representatives who are part of the committee's delegation conducting the investigations or visits under sections 5-7,52 and 53 and, in any emergency situation, for the time spent seeking preventive measures, including for the purposes of sections 5-5 to 5-7.
      "Art. 76. ― The incumbent and alternate members of the Hygiene, Safety and Working Committees, the experts and qualified persons convened do not receive any compensation as a result of their duties in these committees. Members summoned to attend with a deliberative vote on the work of the committees and experts and qualified persons shall be compensated for their travel and residence expenses under the conditions established by the Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs caused by the temporary movement of State civilian personnel.
      "Art. 77. ― Projects developed and opinions are transmitted to the competent authorities; They shall be notified, by the administration and by any appropriate means, of the officers in office in the jurisdictions, services or institutions concerned, within one month.
      "The chair of the hygiene, safety and working conditions committee shall, within two months, inform by written communication the members of the committee of the follow-up to the proposals and opinions made by the committee.
      "Art. 78. ― In the interest of the service, the term of office of the staff of a health, safety and working committee may be reduced or extended by joint order of the minister responsible for the public service and the minister concerned. This reduction or extension may not exceed 18 months.
      "In the event of difficulty in its operation, a committee of hygiene, safety and working conditions may be dissolved in the form provided for in its constitution:
      « 1° After the advice of the Conseil Supérieur de la Service publique de l'Etat when it is a committee of hygiene, security and ministerial working conditions, a committee of hygiene, security and working conditions close to an independent administrative authority not equipped with the moral personality or a committee of hygiene, security and working conditions close to public establishment of the State;
      « 2° After advice from the Technical Committee of the Departmental Interdepartmental Directorates established with the Prime Minister when it is a committee of hygiene, security and working conditions of an interdepartmental departmental management;
      « 3° After advice from the ministerial technical committee concerned when it is a committee on hygiene, safety and working conditions established within the department;
      « 4° After advice from the State's close-up technical committee when it comes to a hygiene, security and special working conditions committee of this institution.
      "In the two-month period, a new committee of hygiene, security and working conditions was established under the conditions established by this decree.
      "Art. 79. – A decree sets out special provisions for the services of the Ministry of Defence. »

      Rule 29 Learn more about this article...


      Article 64 of the same decree is article 80.

  • Chapter V: Transitional, Other and Final Provisions Rule 30 Learn more about this article...


    In all regulatory provisions that include the words "Health and Safety Committee" and "Health and Safety Committees", these words are replaced by the words "Health, Safety and Working Committee" and "Health, Safety and Working Committees".

    Rule 31 Learn more about this article...


    In all the provisions of the above-mentioned decree of May 28, 1982, the words on the one hand: "agents referred to in Articles 5 and 5-1" or "agents responsible for an inspection function in respect of hygiene and safety, referred to in Articles 5 and 5-1 above", or: "public servants and agents referred to in Articles 5 and 5-1" and "agent referred to in Articles 5 and 5-1" or

    Rule 32 Learn more about this article...


    I. ― The provisions of section 28 of this Order apply as of the next renewal of hygiene, safety and working conditions committees in 2011.
    II. ― Hygiene and Safety Committees, established in 2010 or whose mandate has been established on the basis of the results of the 2010 elections for the composition of the parity administrative commissions or technical committees, remain governed by the provisions of title IV of the decree of May 28, 1982 relating to hygiene, security and medical prevention in its writing before this decree until the end of their mandate.
    However, the first, the fourth, the fifth and the sixth paragraph of Article 39, the third paragraph of Article 41, Articles 47 and 48 and Articles 50 to 78 of the Decree of 28 May 1982 referred to in their drafting by this Order are applicable to these same committees as of 1 November 2011.

    Rule 33 Learn more about this article...


    The Minister of Defence and Veterans Affairs, the Minister of Labour, Employment and Health and the Minister of Budget, Public Accounts, Public Service and State Reform, the spokesperson of the Government, are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done on 28 June 2011.


François Fillon


By the Prime Minister:


Minister of Budget, Public Accounts,

public service and state reform,

Government spokesperson,

François Baroin

Minister of Defence,

and veterans,

Gérard Longuet

The Minister of Labour,

employment and health,

Xavier Bertrand


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