Ensuring a safe and healthy workplace is a fundamental requirement for businesses operating in Mayotte. As an overseas department of France, Mayotte largely adheres to the comprehensive French labor code, which includes stringent regulations designed to protect employees from occupational hazards and promote well-being. Employers are legally obligated to implement measures that prevent risks, provide necessary training, and maintain a safe working environment, contributing to both employee welfare and operational efficiency.
Compliance with these regulations requires a thorough understanding of the legal framework, the specific standards applicable to different industries, and the ongoing responsibilities of both employers and employees. Proactive management of health and safety not only fulfills legal duties but also fosters a positive work culture and reduces the potential for accidents and associated costs.
Health and Safety Laws and Regulatory Framework
Workplace health and safety in Mayotte is primarily governed by the principles and provisions of the French Labour Code (Code du Travail). This extensive legal framework sets out the general obligations for employers regarding the prevention of occupational risks, the protection of employee health, and the organization of work. Specific decrees and regulations complement the Code, detailing requirements for various sectors, types of equipment, and specific hazards.
Key aspects of the regulatory framework include:
- General Prevention Principles: Employers must take all necessary measures to ensure the safety and protect the physical and mental health of workers. This involves evaluating risks, implementing preventive actions, informing and training employees, and adapting work to the individual.
- Specific Regulations: Detailed rules exist for areas such as chemical risks, noise exposure, manual handling, work equipment safety, fire safety, and working at heights.
- Enforcement: Compliance is monitored by labor inspectors (Inspection du Travail) and occupational physicians (Médecine du Travail), who have powers to inspect workplaces, investigate incidents, and issue notices or penalties for non-compliance.
Occupational Health and Safety Standards and Practices
Employers in Mayotte must implement specific standards and practices to manage risks effectively. A cornerstone of this is the risk assessment process and the subsequent implementation of preventive measures.
Risk Assessment (Document Unique d'Évaluation des Risques Professionnels - DUERP)
Every employer must conduct a comprehensive risk assessment for all work units and activities within the company. The findings must be documented in the DUERP, which is a mandatory single document.
- Purpose: Identify all potential hazards (physical, chemical, biological, psychological, etc.) and evaluate the associated risks to employee health and safety.
- Content: The DUERP must list identified risks, analyze their severity and likelihood, and propose preventive and protective measures.
- Update: The DUERP must be updated at least annually, or whenever there is a significant change in working conditions, organization, or equipment, or following an accident or incident.
- Availability: The DUERP must be accessible to employees, employee representatives (CSE), the labor inspectorate, and the occupational physician.
Training Requirements
Providing adequate health and safety training is a legal obligation. Training must be adapted to the specific risks faced by employees and their roles.
- Initial Training: Provided upon hiring.
- Periodic Training: Regular refreshers are required, especially for specific risks or roles (e.g., operating machinery, handling hazardous substances).
- Specific Training: Required for certain tasks, equipment, or work environments (e.g., fire safety, first aid, electrical safety).
- Content: Training should cover identified risks, preventive measures, safe work procedures, use of personal protective equipment (PPE), and emergency procedures.
Safety Committees (Comité Social et Économique - CSE)
For companies meeting certain size thresholds (generally 11 employees or more), a CSE must be established. The CSE has significant responsibilities regarding health, safety, and working conditions.
- Role: The CSE is consulted on matters relating to health, safety, and working conditions. It can conduct inspections, investigate accidents, and propose preventive actions.
- Health, Safety, and Working Conditions Commission (CSSCT): Within larger CSEs (typically 50+ employees), a dedicated CSSCT is mandatory to handle health and safety matters in more detail.
Documentation Obligations
Maintaining accurate and accessible documentation is crucial for demonstrating compliance. Key documents include:
- The DUERP and its updates.
- Records of health and safety training provided to employees.
- Workplace inspection reports (internal and external).
- Accident reports and investigations.
- Records related to occupational health surveillance (medical visits).
- Safety instructions and procedures.
Workplace Inspection Processes and Requirements
Workplaces in Mayotte are subject to inspections by official bodies to ensure compliance with health and safety regulations.
- Labor Inspectorate (Inspection du Travail): Inspectors have the authority to enter workplaces at any time, check compliance with the Labour Code, interview employees, request documents, and issue formal notices or stop work orders in case of imminent danger.
- Occupational Physician (Médecine du Travail): Provides medical surveillance for employees and advises employers on health risks and necessary adaptations to the workplace. They also participate in workplace inspections related to health aspects.
- Internal Inspections: The employer is responsible for conducting regular internal checks to monitor the application of safety procedures and the condition of equipment and premises. The CSE also has the right to conduct inspections.
| Inspection Type | Authority/Body | Focus | Key Actions |
|---|---|---|---|
| Official Inspection | Inspection du Travail, Médecine du Travail | Compliance with Labour Code, specific risks | Site visits, document review, employee interviews, issue notices/sanctions |
| Internal Inspection | Employer, CSE | Application of procedures, risk monitoring | Workplace tours, safety checks, identification of non-conformities |
| CSE/CSSCT Investigation | CSE/CSSCT | Following accidents/incidents, specific issues | Detailed analysis, interviews, proposal of corrective measures |
Workplace Accident Protocols and Reporting
Employers must have clear procedures in place for responding to workplace accidents and incidents and are required to report them to the relevant authorities.
- Immediate Action: Provide first aid, secure the scene, and prevent further injury.
- Investigation: Conduct an internal investigation to determine the causes of the accident and identify necessary preventive measures to avoid recurrence. The CSE/CSSCT must be involved in serious accident investigations.
- Reporting:
- Declaration to Social Security: Any workplace accident resulting in a work stoppage or medical care must be declared to the Caisse de Sécurité Sociale (CSS) within a strict timeframe (generally 48 hours, excluding weekends and public holidays).
- Information to Labor Inspectorate: Serious accidents must also be reported to the Inspection du Travail.
- Information to CSE/CSSCT: The CSE/CSSCT must be informed of all accidents and receive copies of the declarations.
| Step | Action | Responsible Party | Timeline |
|---|---|---|---|
| 1. Emergency Response | First aid, secure scene | Employer, Trained Staff | Immediately |
| 2. Internal Investigation | Determine causes, identify preventive measures | Employer, CSE/CSSCT | Promptly after the incident |
| 3. Social Security Report | Declare accident to CSS | Employer | Within 48 hours (excluding weekends/holidays) |
| 4. Labor Inspectorate Report | Report serious accidents | Employer | Promptly (specific rules apply) |
| 5. CSE/CSSCT Information | Inform committee, provide accident declaration copy | Employer | Promptly |
| 6. DUERP Update | Review and update DUERP based on investigation findings if necessary | Employer | Following investigation |
Employer and Employee Responsibilities for Workplace Safety
Workplace safety is a shared responsibility, with distinct obligations for both employers and employees.
Employer Responsibilities
The primary responsibility for health and safety rests with the employer. Key duties include:
- General Safety Obligation: Taking all necessary measures to ensure the safety and protect the health (physical and mental) of employees.
- Risk Assessment: Conducting and updating the DUERP.
- Prevention and Protection: Implementing preventive measures and providing necessary collective and individual protective equipment (PPE).
- Information and Training: Informing employees about risks and providing appropriate training.
- Workplace Organization: Designing and organizing work to minimize risks.
- Health Surveillance: Organizing mandatory medical visits through the occupational health service.
- Accident Management: Establishing protocols for accidents and reporting them.
- Consultation: Consulting with employee representatives (CSE) on health and safety matters.
Employee Responsibilities
Employees also have duties regarding their own safety and that of others.
- Comply with Instructions: Following the safety instructions and procedures established by the employer.
- Use Equipment Correctly: Using work equipment, protective devices, and PPE correctly.
- Report Hazards: Immediately informing the employer or their hierarchy of any work situation they have reasonable grounds to believe presents a serious and imminent danger, as well as any defects observed in protection systems.
- Contribute to Safety: Cooperating with the employer and other employees to ensure a safe workplace.
Understanding and diligently applying these responsibilities is essential for creating a safe working environment and ensuring compliance with health and safety regulations in Mayotte for 2025 and beyond.
