Santé et Sécurité
Devoirs de l'employeur
An employer is required to protect the health and safety of workers at the workplace in accordance with the provisions of Labour Code. Workers have the right to the type of work and working environment which is safe and without risk to health.
Employers have to ensure the health and safety of worker by implementing measures including prevention of occupational risks; provision of information and training; and provision of necessary organization and means. Employers are required to undertake a risk assessment at the workplace; take necessary measures to avoid risks; reduce risks at the source of its occurrence; adapting the work to the individual with regard to choice of design, work equipment & production methods, and assess the risks that cannot be avoided.
An employer is under obligation to organize a labour protection system which includes internal supervision of the working environment, including evaluation of the working environment risks; establishment of an organizational structure of the labour protection; and consultation with employees in order to involve them in improvement of labour protection.
sources: §312(1-7) of Labour Code 2006, last amended in 2016
Équipements de protection gratuits
Personal Protective Equipment is regulated under Labour Code. Employer has to determine the protective measures to be taken and if necessary the protective equipment to be used. It is the duty of a worker to make correct use of personal protective equipment available to them and, after use, return it to its place. A safety officer has to be consulted about protective equipment to be used.
Personal Protective Equipment must be appropriate for the risks involved, respond to existing conditions at the workplace, take account of ergonomic requirements and worker's health, and fit the worker correctly after necessary adjustment. The conditions for the use of PPE are determined according to the severity of risk, frequency of exposure, characteristics of the workstation of each worker and performance of PPE. PPE is intended for personal use. If a PPE is used by several people, appropriate measure must be taken to avoid any negative health and hygiene effects to different users.
Employer should provide the PPE to workers free of charge and provide relevant services for maintenance, repair and replacement of the PPE. Employer should inform workers of the risks against which the wearing of PPE protects. Employer also has to provide training in wearing of personal protective equipment.
sources: §312(5), 313(1) & 414(2 & 4) of Labour Code 2006, last amended in 2016; Règlement grand-ducal du 4 novembre 1994 concernant les prescriptions minimales de sécurité et de santé pour l'utilisation par les travailleurs au travail d'équipements de protection individuelle
The Labour Code requires employers to provide training to the workers on OSH related issues.
Training for safety and health at work forms an integral part of the induction of workers. Employers are required to train workers in safe and healthy working practices. An employer is under obligation to arrange for the employee to receive occupational health and safety instructions and training corresponding to the employee’s position and occupation before an employee commences work or changes jobs. Such instruction or training is repeated if the work equipment or technology is changed or upgraded. The instruction and training of employees is adapted to changes in working environment risks and repeated periodically.
An employer has to ensure the commencement of additional training for the trusted representatives in the field of labour protection within one month following the election thereof. The additional training for the trusted representatives in the field of labour protection is carried out during working hours. The employer has to cover the expenditures associated with the additional training and training should be conducted during working hours. The labour protection instruction and training should be understandable to employees and suitable for their professional preparedness.
sources: §312(8) of Labour Code 2006, last amended in 2016
Système d'inspection du travail
The Ministry of Labour and Employment is the authority responsible for labour and employment affairs. The Inspectorate of Labour and Mines (ITM) is responsible for enforcing legislation relating to working conditions and occupational safety and health. The Labour Inspectors of ITM oversees the implementation of collective bargaining agreements. Labour Inspection system is regulated under the Act of 21 December 2007 on the reform of Inspectorate of Labour and Mines.