Health and safety laws in French Guiana are primarily governed by the French Labor Code (Code du Travail). This includes key sections such as Book II: Hygiene, Safety, and Working Conditions and specific decrees and regulations that address particular industries or hazards.

Employers in French Guiana have a broad responsibility to ensure the health, safety, and well-being of their employees. This includes regular risk assessment and prevention, providing clear safety information and training to employees, arranging medical checkups for employees exposed to certain hazards, forming a Health, Safety, and Working Conditions Committee (CHSCT) in larger establishments, and reporting serious accidents and occupational illnesses to authorities.

Employees in French Guiana have several rights related to health and safety. They can refuse to perform work if they believe it poses an imminent and serious danger to their health. They also have the right to be informed about workplace risks and to be consulted on safety-related decisions. Furthermore, they cannot be discriminated against for exercising their health and safety rights.

There are also specific health and safety laws in French Guiana. These include regulations on chemical hazards, biological hazards, construction safety, asbestos handling, removal, and disposal, and control of occupational noise exposure.

The Labor Inspectorate (Inspection du Travail) is the primary agency responsible for enforcing health and safety laws in French Guiana. The Labor Inspectorate has the power to conduct workplace inspections, issue improvement notices, impose administrative fines, and initiate criminal proceedings in cases of serious violations.

Occupational health and safety is a crucial aspect of employment law in French Guiana, which is primarily governed by the French Labor Code. This code provides comprehensive provisions regarding working hours, conditions, minimum wage, health and safety standards, discrimination and harassment protections, collective bargaining rights, and termination procedures.

Occupational Health and Safety Principles

French Guiana's approach to workplace safety is underpinned by several guiding principles. Firstly, employers hold the primary duty to guarantee a safe and healthy work environment. This involves identifying and mitigating workplace hazards, providing necessary training, information, and protective equipment, and implementing incident reporting and investigation protocols.

Secondly, employees have the right to be actively involved in workplace safety matters. This includes consultation on risk assessments and preventative measures, representation on health and safety committees, and the ability to raise concerns without fear of reprisal.

Lastly, the system prioritizes proactive hazard prevention. Risk assessments play a central role, and preference is given to eliminating or reducing risks at the source.

Specific Health and Safety Requirements

Employers in French Guiana must conduct regular risk assessments, tailored to specific industry sectors or tasks. Safety measures depend on workplace hazards, but commonly include safe machinery and equipment, personal protective equipment (PPE), emergency procedures, first aid provisions, and the handling of hazardous materials.

Employees must receive training on workplace hazards specific to their job tasks, safe work procedures, and emergency responses.

Key Institutions

The Ministry of Labor administers and enforces labor laws, including occupational health and safety regulations. Regional Health, Social Affairs, and Sports Agencies play a role in occupational health surveillance. Occupational Health Services provide preventative health assessments and workplace consultations.

Additional Information

Some sector-specific agreements may set standards above the legal minimums. Employers face fines and potential criminal sanctions for serious health and safety violations.

Workplace inspections play a crucial role in ensuring labor rights and occupational safety in French Guiana. They aim to identify potential hazards, risks, and unsafe working conditions, enforce labor regulations, and implement proactive measures to prevent accidents and occupational diseases.

Inspection Bodies and Legal Framework

The Labour Inspectorate (Inspection du Travail) and Occupational Health Services are the primary bodies responsible for workplace inspections in French Guiana. They operate under the French Guiana Regional Directorate for Business, Competition, Consumption, Labour and Employment (DIECCTE). The key regulations they enforce include the French Labour Code (Code du Travail) and local decrees and regulations specific to French Guiana.

Inspection Criteria

Inspectors assess a wide range of workplace conditions, including physical hazards, chemical hazards, biological hazards, ergonomic hazards, psychosocial hazards, and compliance with labor regulations.

Inspection Frequency

The frequency of inspections depends on the size of the company, the industry sector, and the history of accidents or complaints. Larger businesses, high-risk sectors, and workplaces with a history of issues may be inspected more frequently.

Inspection Procedures

Inspection procedures may include an opening interview, a walkthrough inspection, interviews with workers and management, a document review, a closing interview, and a detailed inspection report.

Follow-Up Actions

Employers are required to address violations within specified time frames. Non-compliance can lead to significant financial penalties, and serious violations may result in temporary or permanent closure of the workplace.

In French Guiana, employers are legally obligated to report workplace accidents to the Caisse Générale de Sécurité Sociale (CGSS) - French Guiana Social Security Fund within 48 hours of the accident occurring. They must also report to the Inspectorate of Labor as soon as possible, particularly for serious accidents or fatalities. The reporting to CGSS is usually done by the employer through a formal declaration of a work accident ("Déclaration d'accident du travail"), while reporting to the Inspectorate of Labor can be done by phone, email, or in person, followed by a written report.

Investigation Processes

The employer is primarily responsible for investigating workplace accidents with the objectives of determining the causes of the accident and identifying preventive measures to avoid recurrence. The Comité Social et Économique (CSE) - Social and Economic Committee must be involved in the investigation for serious accidents, and may launch its own inquiries if necessary. Employee Representatives can also play a role in the investigation process.

External investigations can be conducted by the Inspectorate of Labor, particularly in the case of severe accidents or possible legal violations. Judicial Authorities may initiate investigations if criminal conduct is suspected.

Compensation Claims

The CGSS is responsible for processing and managing work-related injury and illness compensation claims. Injured employees are entitled to reimbursement of medical expenses related to the workplace accident. Temporary Disability Benefits are provided if the employee is unable to work during their recovery period, as determined by medical certification. Permanent Disability Benefits are paid if a workplace accident results in a long-term or permanent disability. The level of benefits is based on the degree of disability as defined in the Social Security Code. Employees may appeal CGSS decisions related to compensation or pursue further legal action in labor courts.

Labor laws and regulations in French Guiana, an overseas department of France, closely mirror those of mainland France. Employers must provide a safe and healthy work environment and are liable for accidents that occur due to negligence or failure to comply with safety standards.