Actions to prevent occupational risks

The employer must take measures to prevent occupational risks in the following areas:

• Risks of falls from a height (for example, prohibiting the use of a ladder as a work station at a height and setting up a light individual rolling platform)
• Risks of contact with an operating element on a machine (e.g. prohibiting the use of a drill with a column if the protector of the mandrel is defective)
• Psychosocial risks such as work overload, aggression, and internal and/or external violence
• Chemical hazards (e.g. prohibiting the use of hazardous chemicals by employees who have not been trained and informed about the toxicity of the products)
• Provisions on exposure to certain occupational risk factors (laboriousness). For example, manual handling of loads, mechanical vibrations, noise, certain working rhythms.

Information and training measures

The employer must implement information and training measures for the following employees:

• New hires
• Employees who change jobs
• Temporary workers
• Employees returning to work after the visit to the occupational doctor

Organization and appropriate means

Prevention must be integrated into the general functioning of the company in order to safeguard the health and safety of workers.

The employer may, for example:

• Modify working hours in the context of atmospheric conditions (heat wave) with the aim of reducing the risk of accidents at the workplace
• Put in place personal protective equipment and require the wearing of helmets, gloves, non-slip safety shoes on a building site

Risk assessment in the company

The employer must avoid risks.

If this is not possible, it must assess the risks and implement preventive measures.

Risk assessment is defined as the identification of dangers and risks for the health and safety of workers, in all aspects related to work.

The danger is the capability of a material, substance or method of work that can cause a harmful event.

The risk is the association of a hazard with a worker.

For example, an electrical room is dangerous, but if no one can access it, there is no risk of electrocution.

Given the nature of the company's business, the employer must assess the risks that cannot be avoided by:

• Choice of manufacturing processes, work equipment, chemical substances or preparations
• Development or reorganization of workplaces or facilities
• Defining Workstations

Single Occupational Risk Assessment Document (DUERP)

The results of this assessment are inserted into a document called Single Risk Assessment Document (DUERP). This document is mandatory in all companies.

Implementation of actions

Following this assessment, the employer must implement preventive actions (e.g. safety training).

It must add working and production methods that guarantee a better level of health and safety protection (for example, reducing duplication of work).

General and specific instructions

The rules and regulations where it exists (company with a workforce of 50 or more employees) must lay down safety instructions.

In other cases, it is the employer or his representative who gives them.

The employee must, in accordance with the general and specific instructions, take care, depending on the training received, of health and safety and that of his colleagues.

Time limit for transmission of information to the labor inspectorate

When an employee is the victim of an accident at work which has caused his death, the employer must inform him accordingly the competent labor inspectorate for the place where the accident occurred.

He must make that statement immediately and no later than 12 hours after the death of the employee.

If the employer becomes aware of the death of the employee after this period, it shall inform the labor inspectorate within 12 hours from the time of knowledge of the death.

Content of the information to be transmitted

The information forwarded to the labor inspectorate shall include the following:

• Name or business name, postal and e-mail addresses and telephone details of the company or establishment which employs the worker at the time of the accident and the company or establishment in which the accident occurred, if different of the employing company or establishment
• Surname, first name and date of birth of the victim
• Date, time, place and circumstances of the accident
• Identities and contact details of witnesses, if necessary

Civil penalty

In the event of danger, even if it does not lead to an accident or illness, the employee may take note of the break the employment contract.

The employee may to refer the matter to the labor council in an attempt to obtain redress for the allegations which gave rise to the taking of the record.

The employer has a enhanced security of means obligation accident at work and must justify having taken sufficient measures to protect workers from an occupational disease and/or an occupational disease.

In the event of failure to comply with this obligation, the employer shall be liable to financial compensation for damage before the social pole of the court of law for an inexcusable mistake.

Criminal and/or administrative sanctions

Exposing an employee to an identified risk, without taking the necessary preventive measures, is a breach ofenhanced security of means obligation of the employer.

Failure to do so may result in a criminal conviction in the correctional court.

The departmental director responsible for employment, labor and solidarity (DDETS or DDETS-PP, ex-Direct) may issue administrative sanctions against the employer.