Health and Safety

Employer Cares

In accordance with the Labour Code, it is obligatory on the employer to ensure the health, safety and welfare of persons at the workplace and to keep the workplace safe and clean.

General OSH/environment measures are set by implementing the Decree, and establishments must comply with the branch requirements before employing workers. Occupational safety and health measures shall not impose any cost on workers. The canteen must be kept in perfect cleanliness, with adequate comfort and ventilation, and food must meet hygiene/cleanliness conditions.

Safety of a worker is ensured by monitoring, maintenance and systematic verification of machinery, equipment and materials to decrease the risk of accidents. Measures should be taken to protect and maintain physical and geographical work environments.

Hygiene and safety conditions in the workplace are monitored by the occupational health services to prevent any deterioration of the workers' health.
The inter-ministerial commission is responsible for monitoring the conditions on hygiene, safety and environment before the opening of the enterprise and to give its opinion on the compliance with health, safety and environment regulations. A Decree issued by the National Labour Council establishes the organisation and functioning of this Commission and the departments to be represented there. The employer must also carry out periodic risk assessments and prepare a single Risk Assessment Document (DUER), together with an annual Prevention Action Plan. In danger threatening health/safety, the worker may exercise a right of alert and temporary withdrawal until the employer remedies the risk; the employer cannot require return while a serious and imminent peril persists. The employer must adhere to an approved occupational health service and affiliate all workers. Affiliation must be done within 15 days after starting work.

Source: § 163–165, 173, 174, 179, 181, 189 of the Labour Code, Law No. 2024-014

Free Protection

In accordance with the provisions of the Labour Code, it is the responsibility of the employer to provide free protective equipment, including clothing, to the worker collectively or individually to protect them against different dangers inherent in the workplace, especially. The employer must maintain equipment in good condition, perform necessary repairs or replacements, and ensure its proper use by workers.

Source: § 165, 174 of the Labour Code Law, No. 2024-014

Training

In accordance with the Labour Code, it is the responsibility of an employer to provide instruction, training and supervision as is necessary to ensure the health and safety at work of their employees. The law requires that each worker receive appropriate free training on occupational safety and health, covering general workplace risks, preventive measures, and the risks of violence and harassment. Additionally, specialised training must be provided to workers and their representatives who are responsible for promoting safety and health at work. Health surveillance must be free, cause no loss of earnings, and occur as far as possible during working hours. Failure to comply with these obligations may result in penalties, including fines.

Source: § 13,169, 180 & 364 of the Labour Code, Law No. 2024-014

Labour Inspection System

The Labour Code provides for an independent and powerful labour inspection system in the country.

Labour Inspectors, under the authority of the Ministry of Labour and Employment, ensure the implementation of laws and regulations related to conditions of work and protection of workers in the exercise of their function, such as provisions on working hours, wages, safety, hygiene and well-being, the employment of children and adolescents, as well as provisions of a collective agreement. It is the responsibility of the inspector to provide information and technical advice to employers and workers on the most effective means of complying with the legal provisions in force and to bring to the attention of the competent authority defects or abuses, which are not specifically covered by existing laws and regulations.

Labour code authorises the labour and Social Law inspectors to enter the workplace at any time during the day or night without previous notice to carry out examination, test or inquiry; interview anyone; ask for or take a copy of any prescribed book/register, record or other document; and take or remove samples. The labour inspector may also ask the employer to display notices according to legal provisions.

Labour inspectors are also authorised to prescribe measures to eliminate defects observed in plant, layout or work methods they may have reasonable cause to believe constitute a threat to the health or safety of workers. Workers/representatives must be actively involved in risk evaluation and prevention choices (Art. 170). A Safety and Health Committee (CSST) is mandatory in enterprises with 50+ workers, with details set by Decree.

Source: § 170, 171, 303-318 of the Labour Code, Law No. 2024-014