Mayotte is an overseas department and region of France, and as such, it adheres to French labor law, health regulations, and standards. The French Labour Code (Code du travail) is the primary legislation governing health and safety in Mayotte.

Key Principles of Health and Safety in Mayotte

Employers in Mayotte have the primary responsibility for ensuring the health and safety of their workers. This includes providing a safe workplace, training, information, protective equipment, and risk assessments. Employees, on the other hand, have the right to work in safe conditions, refuse dangerous work, and participate in health and safety matters through worker representatives. Employers must adopt a proactive approach to identifying and managing risks in the workplace according to the principles of risk prevention outlined in Article L4121-2 of the Labour Code. Companies with over 50 employees must establish a Safety and Health Committee (CHSCT) to address workplace safety and health issues.

Specific Health and Safety Regulations

Occupational Hazards

Mayotte has specific regulations in place to control the use of chemicals, including the classification, labeling, and safe handling of hazardous substances. Employers must also take measures to protect workers from biological risks, such as infectious agents. Regulations exist to minimize workers' exposure to harmful noise levels. Employers must assess and minimize risks associated with repetitive movements, manual handling, and workstation design.

Workplace Safety

Workplaces in Mayotte must meet specific safety standards regarding construction, fire prevention, electrical safety, etc. Employers must provide first aid equipment, trained personnel, and implement emergency plans. Companies must utilize occupational health services to conduct medical surveillance, risk assessments, and provide health advice related to the workplace.

Specific Industries

Sector-specific health and safety regulations exist for industries such as construction and agriculture. Specific regulations pertain to work at heights, scaffolding, electrical safety, etc. in the construction industry. In agriculture, regulations cover pesticide use, machinery safety, animal handling, etc.

Legal Enforcement

The Labour Inspectorate (Inspection du Travail) has the authority to inspect workplaces, investigate accidents, and enforce health and safety laws. Employers who violate health and safety regulations can face fines, administrative penalties, and even criminal sanctions in cases of serious negligence.

Occupational Health and Safety (OHS) standards in Mayotte are governed by the French Labour Code (Code du Travail). These standards cover a wide range of areas, including risk assessment and prevention, workplace conditions, chemical safety, training and information, and occupational health services.

Risk Assessment & Prevention

Employers in Mayotte are required to systematically identify, evaluate, and prioritize workplace hazards and risks. These risks must be documented in a single risk assessment document (document unique d’évaluation des risques), which should be updated regularly and made accessible to employees. Employers are also expected to apply the general principles of prevention, such as avoiding risks, combating risks at source, adapting work for individuals, and providing clear instructions.

Workplace Conditions

Workspaces in Mayotte must meet safety standards, including sufficient space, ventilation, lighting, emergency exits, sanitation facilities, and protection against hazards like fire or machinery. Employers are required to provide and maintain appropriate personal protective equipment (PPE) where hazards cannot be fully eliminated. Additionally, machinery, equipment, and workplaces must be regularly maintained in safe conditions.

Chemical Safety

Employers must assess risks associated with hazardous chemicals and substitute with safer alternatives where possible. Chemicals must be clearly labeled with hazard information, and Safety Data Sheets (SDS) must be provided. Employees must receive training on the safe handling of chemicals, and measures must be implemented to minimize exposure.

Training and Information

Employers must provide general safety training upon hiring and specific training tailored to job-related risks. Employees have the right to be informed about workplace hazards and the protective measures implemented. Workers and their representatives must be consulted on health and safety matters, particularly regarding risk assessment and prevention measures.

Occupational Health Services

Employees in certain roles, or exposed to specific hazards, must undergo regular medical checkups to assess fitness for work and monitor potential health effects. Occupational health services play a role in promoting health and well-being in the workplace, including advice on ergonomics, stress management, and substance abuse prevention.

Workplace inspections are a critical tool used by the Labour Inspectorate to ensure compliance with regulations. They serve to identify and address hazards, verify compliance, investigate complaints, and educate and promote awareness. Inspectors proactively identify potential workplace risks and take action to address them, aiming to prevent accidents and illnesses. They also check that employers are fulfilling their obligations under the French Labour Code.

Types of Inspections

There are several types of inspections:

• Routine Inspections: These are scheduled inspections, often targeting high-risk industries or workplaces with a history of non-compliance.
• Targeted Inspections: These are focused on specific hazards or concerns, such as inspections following an accident or in response to complaints.
• Unannounced Inspections: These can occur without prior notice to ensure an accurate reflection of regular working conditions.

Inspection Process

The inspection process includes an opening meeting, workplace walk-through, interviews, a closing meeting, and an inspection report. The inspector identifies themselves and explains the purpose and scope of the inspection. They observe work activities, equipment, facilities, and reviews documentation. The inspector may interview employees and their representatives to gather further information. A formal report is issued detailing findings, recommended actions, and deadlines for addressing violations.

Inspection Criteria

Inspections cover a wide range of elements dictated by the French Labour Code, including physical hazards, chemical and biological hazards, workplace design and ergonomics, emergency preparedness, occupational health, and compliance with regulations.

Inspection Frequency

The frequency of workplace inspections can vary depending on factors such as industry and risk level, workplace size, and compliance history. High-risk sectors may be subject to more frequent inspections. Larger workplaces may be inspected with more regularity. Workplaces with a history of violations may be under increased scrutiny.

Follow-Up Actions

Follow-up actions may include enforcing compliance, dealing with serious violations, and providing technical support. Inspectors may issue warnings, improvement notices, or administrative fines to compel corrective actions. Serious or persistent violations can lead to work stoppages or even criminal charges in severe cases. Inspectors may offer guidance and resources to help employers address identified shortcomings.

Employers are legally required to report all workplace accidents that result in at least one day of work absence to the Health Insurance Fund within 48 hours. They must use a specific declaration form to report details of the accident, including the worker's information, time, location, circumstances, and nature of injuries. Accidents resulting in death or likely permanent disability must be reported immediately to both the Health Insurance Fund and the Labour Inspectorate.

Investigation of Workplace Accidents

Investigations aim to determine the causes of workplace accidents, identify corrective measures, and prevent similar future incidents. Employers must conduct an internal investigation into accidents, particularly serious ones, and document the findings. The Labour Inspectorate may investigate accidents, particularly those with significant consequences. The Health, Safety, and Working Conditions Committee or worker representatives have a right to be involved in the investigation process.

Compensation Claims (Worker's Compensation)

Injured workers are covered by a social security system that provides compensation for workplace injuries and occupational illnesses. Workers injured in a workplace accident or who develop a work-related illness are generally eligible for compensation. Compensation may include coverage of medical treatment, rehabilitation, and related costs, wage replacement during a period of temporary inability to work, payments for long-term or permanent impairments resulting from the workplace injury or illness, and financial support for dependents in the case of a fatal workplace accident.

Claim Process

The injured worker seeks immediate medical attention. The employer notifies the Health Insurance Fund following the accident reporting protocol. The treating doctor issues a medical certificate outlining the injuries and work incapacity. The worker submits the claim to the Health Insurance Fund, along with supporting documents. The Health Insurance Fund evaluates the claim and determines the level of compensation.