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Compliance and Risk Management in Mayotte: A Guide

Mayotte, an overseas department and region of France, adheres to French labor law, health regulations, and standards, with compliance and risk management playing a crucial role in ensuring workplace safety. This article provides an overview of the key principles, specific regulations, legal enforcement, and occupational health and safety standards in Mayotte.

Key Principles

  • Employers in Mayotte are responsible for ensuring the health and safety of their workers.
  • Employees have the right to work in safe conditions and participate in health and safety matters through worker representatives.
  • Companies with over 50 employees must establish a Safety and Health Committee (CHSCT) to address workplace safety and health issues.

Specific Regulations

Mayotte has regulations in place to control: + The use of chemicals + Biological risks + Noise levels + Repetitive movements + Manual handling + Workstation design Workplaces must meet specific safety standards regarding: + Construction + Fire prevention + Electrical safety + First aid equipment

Sector-Specific Regulations

Industries such as construction and agriculture have specific regulations covering: + Work at heights + Scaffolding + Electrical safety + Pesticide use + Machinery safety + Animal handling

  • The Labour Inspectorate 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
    • Criminal sanctions in cases of serious negligence

Occupational Health and Safety Standards

OHS standards in Mayotte are governed by the French Labour Code, covering: + Risk assessment and prevention + Workplace conditions + Chemical safety + Training and information + Occupational health services Employers must provide general guidance on OHS to workers, while employees have the right to participate in the development of OHS policies.

Inspection Process

The inspection process includes: + An opening meeting + A workplace walk-through + Interviews + A closing meeting + An inspection report Inspectors identify themselves and explain the purpose and scope of the inspection, observing work activities, equipment, facilities, and reviewing documentation.

Follow-Up Actions

Follow-up actions may include: + Enforcing compliance + Dealing with serious violations + Providing technical support Inspectors may issue: + Warnings + Improvement notices + Administrative fines to compel corrective actions

Workplace Accidents

  • 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.
  • Investigations aim to determine the causes of workplace accidents and prevent similar future incidents.

Compensation Claims

Injured workers are covered by a social security system that provides compensation for workplace injuries and occupational illnesses. The claim process involves: + Seeking immediate medical attention + Reporting the accident + Submitting a claim to the Health Insurance Fund + Evaluating the claim to determine the level of compensation