Reunion's health and safety laws are primarily enshrined within the French Labour Code (Code du travail). The Ministry of Labour (Ministère du Travail) oversees labor legislation, including health and safety regulations. The Regional Health Agency (Agence régionale de santé - ARS) is responsible for public health matters. Health, Safety, and Working Conditions Committees (CHSCT) are mandatory for companies with 50 or more employees and play a key role in workplace risk analysis and prevention.

Core Health and Safety Legislation

The fundamental pieces of legislation within the Labour Code (Code du travail) outline the employer's general obligation to ensure the safety and health of workers in all work environment aspects. Key Articles include L4121-1, which details the employer's duty to take necessary measures to protect worker health and safety, and L4121-2, which outlines the employer's responsibility to implement risk assessment and prevention measures.

Key Health & Safety Obligations for Employers

Employers must conduct a thorough risk assessment of workplace hazards and develop a written prevention plan (Document Unique d'Evaluation des Risques). This must be updated regularly. They must also provide employees with adequate health and safety training specific to their job risks. Workers need clear information on hazards and safety procedures. Employers are also required to supply necessary Personal Protective Equipment (PPE) to workers at no cost and ensure its appropriate use. They must arrange for suitable medical surveillance for employees exposed to specific risks, maintain appropriate first aid facilities, and have trained first responders on-site.

Worker Rights and Responsibilities

Workers have the right to stop work if they believe there is serious and imminent danger (Article L4131-1 of the Labour Code). They and their representatives have the right to be involved in risk assessment and decision-making about safety measures. Workers have a duty to follow established safety procedures and report any hazards or accidents promptly.

Specific Health and Safety Topics

Employers must comply with regulations on labeling, storing, and handling hazardous chemicals, as outlined in the Labour Code and relevant EU directives. Regulations address the prevention of musculoskeletal disorders due to poor workstation design, manual handling, and repetitive tasks. Employers must take measures to prevent and address risks such as workplace stress, harassment, and violence. The construction sector has specific regulations for fall prevention, scaffolding safety, and work at height.

Employers hold the primary responsibility for identifying and mitigating workplace hazards to ensure employee safety. The risk assessment methodology in Reunion follows the French model, focusing on systematic identification, analysis, and prioritization of hazards. Employers must create a document outlining identified risks and preventive measures. Once risks are identified, the hierarchy of controls is applied, which includes elimination of hazards at the source, substitution with less hazardous options, engineering controls to isolate workers from hazards, administrative controls, and personal protective equipment (PPE) as a last resort.

Information, Training, and Consultation

Employers must provide workers with clear and comprehensive instructions on workplace hazards, safe work practices, and the use of safety equipment. Training must be specific to the worker's tasks, equipment used, and identified risks. Periodic refresher training is also essential. Reunion labor law emphasizes employee involvement. Workers and their representatives must be consulted on risk assessments, safety measures, and workplace health promotion initiatives. Health, Safety, and Working Conditions Committees (CHSCT) play a crucial role in this process.

Health Surveillance and Monitoring

Companies must engage the services of an occupational health provider. These services conduct medical examinations and assess worker fitness for specific tasks. Workers exposed to particular hazards (noise, chemicals, etc.) may require enhanced medical monitoring, as per relevant regulations.

Specific Areas of Focus

Reunion follows strict European Union regulations on the use of chemicals, including the REACH Regulation and the CLP Regulation. Employers must take measures to limit noise exposure and provide hearing protection where necessary, adhering to noise exposure limits established by French and EU regulations. There's increasing attention to stress prevention, burnout, and workplace violence in Reunion. Employers are expected to assess and address psychosocial risk factors.

Workplace inspections are a crucial part of maintaining a safe and healthy work environment. They involve a thorough examination of the workplace to identify potential hazards and ensure compliance with safety regulations.

Key Inspection Bodies

There are several bodies involved in workplace inspections. The Labor Inspectorate is the primary agency responsible for enforcing labor laws. Regional Health Agencies may conduct inspections focusing on specific health risks in the workplace. Social Security Bodies like CARSAT can participate in inspections related to occupational accident prevention and risk assessment.

Types of Inspections

Inspections can be routine, targeted, or follow-up. Routine inspections may be scheduled based on industry risk profiles or past inspection history. Targeted inspections are triggered by complaints, reports of accidents, or suspicion of serious safety violations. Follow-up inspections are conducted to verify compliance with improvement notices or orders issued after previous inspections.

Inspection Procedures

The inspection process typically involves a notice, an opening meeting, a workplace walk-through, consultation of documents, a closing meeting, and an inspection report. While inspectors can conduct unannounced inspections under certain circumstances, employers are often given advance notice.

Inspection Criteria

Inspectors assess compliance with a broad range of health and safety regulations. Key areas of focus include risk assessment and prevention measures, workplace conditions, chemical safety, ergonomics and work organization, worker training and information, and personal protective equipment (PPE).

Follow-up Actions

After the inspection, follow-up actions may include improvement notices for minor violations, formal orders for serious breaches, administrative fines for non-compliance, and criminal prosecution in cases of severe negligence or deliberate violation.

Workplace accidents are a serious matter and require immediate attention from both employers and employees. Employers are obligated to declare all workplace accidents that result in injury, regardless of severity, to the relevant social security body. This declaration must be made promptly, and for serious accidents or those resulting in work absence, a formal declaration must be submitted within 24 hours.

Accident Reporting

Employees who suffer a workplace accident are also encouraged to report the incident to the employer. Employers are required to maintain a register to record details of even minor workplace injuries.

Accident Investigation

Employers have a responsibility to investigate the causes of workplace accidents to prevent recurrence. Worker representatives or the Health, Safety, and Working Conditions Committee have the right to participate in the investigation process. Serious accidents may warrant investigations by the Labor Inspectorate or other relevant authorities.

Compensation Claims

Injured workers are entitled to benefits through social security, primarily funded by employers. These benefits can cover medical treatment costs related to the workplace accident. Workers unable to work due to the injury receive a daily allowance for a specified duration. In case of lasting impairment, workers may receive a disability pension. Compensation is also available for occupational diseases recognized on the official lists.

Specific Procedures

The employer completes a specific form with details of the accident, injured worker, and medical consequences. The injured worker must obtain a medical certificate from their doctor describing the nature of injuries and any work restrictions. The social security body reviews the claim and determines eligibility and benefit levels. Employers can contest a claim in limited and specific circumstances.

The procedures and benefits related to workplace accidents can be complex. It's advised to contact the relevant social security bodies and consult legal professionals for specific cases.