The Importance of Complying with Occupational Health and Safety Regulations and Registering the Joint Committee on Occupational Health and Safety (CMSST)
The Joint Committee on Occupational Health and Safety (CMSST) is a mixed body composed of employer and employee representatives in equal proportion. Its main function is the preventive management of workers’ health and safety, in order to maintain the productive process and ensure the continuity of the company’s operations and processes.
According to Regulation No. 522-06: “ALL companies in ALL sectors with 15 or more employees must form a Joint Committee on Occupational Health and Safety. Those with fewer employees must appoint a Health and Safety Coordinator with similar functions to those of the Joint Committee.”
Regulation 522-06, dated October 17, 2006, on Occupational Health and Safety, governs the conditions under which productive activities must be carried out nationwide. Its purpose is to prevent accidents and health damages arising from work, related to work activity, or occurring during work, while minimizing the causes of risks inherent to the work environment.
To this end, companies must create an Occupational Health and Safety Program, which must be developed by an expert advisor, updated, and submitted every three (3) years to the Ministry of Labor. Each branch, subsidiary, or jurisdiction must have a committee or coordinator, as applicable.
The functions of the CMSST include:
- Prevention Planning
- Training
- Information Dissemination
- Inspection
- Health Promotion
- Management Oversight
- Investigation of Accidents and Occupational Illnesses
- Accountability to Workers
- Accountability to the Ministry of Labor
Regarding its structure, in accordance with Regulation No. 522-06, the number of people who make up the committee depends on the size of the workplace and the locations where work is carried out. It is essential that the committee is advised by a workplace risk prevention technician.
The CMSST follows a hierarchical structure that includes a President and a Secretary, along with as many members as deemed necessary based on the company’s size.
The employer’s representatives must be appointed by management, while the employee representatives must be designated by the union (if one exists) or elected by the employees themselves.
According to recommendations from the Ministry of Labor, the CMSST advisor must meet the following profile:
- As an advisor, they must be the external expert who carries out a diagnosis (an external perspective) of Occupational Health and Safety (OHS) and provides recommendations.
- As a mentor (internal to the system), they should be an employee of the company who supports the implementation of the recommendations.
- As a coach, they combine a global vision, leadership to drive change, strategic analysis, and support for new tactics. This occurs within an integrated, coherent, and continuous system. Each coaching action contributes to the daily development of the CMSST members’ competencies, aligned with performance measurement of the Occupational Health and Safety Management System (OHSMS).
Once the committee is established, meetings must be held monthly, with participants being notified in advance. A meeting minute must be prepared for each session and sent to the General Directorate of Hygiene and Industrial Safety at the Ministry of Labor, including all discussions held during the meeting.
Additionally, after registering the CMSST, the company must hire an external advisor to design the Occupational Health and Safety Program according to the company’s specific activities. This program must be submitted to the Ministry of Labor for approval, and the CMSST is responsible for monitoring its implementation and compliance.
Compliance with Occupational Health and Safety regulations, as well as the formation and registration of the Joint Committee on Occupational Health and Safety (CMSST), is not optional but a legal obligation for all companies across all industries. Failure to comply with the provisions set out in Regulation No. 522-06 can lead to serious legal consequences, including the filing of justified resignations by employees.
This means that, in the event an employee decides to terminate their employment due to the company’s failure to implement mandatory occupational safety and health measures, the company could be ordered to pay severance benefits, acquired rights, compensation for damages, and up to six months of back pay. Additionally, the company may also face labor-related criminal penalties. Therefore, we strongly urge all companies to strictly comply with these obligations to avoid legal sanctions and to ensure a safe and healthy work environment for all.
If you would like more information or need legal advice on this matter, don’t hesitate to connect with a member of our Labor Law Department to address your concerns. We are here to help you navigate these changes and protect your labor rights. Thank you for reading, and until next time!