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Occupational risk assessment

One of the basic duties of the employer is to carry out and periodically reassess the risk assessment.

What does the legislation say ?

In Luxembourg

The employer has an obligation of result (and not only of means) in terms of health and safety at work

If book III of the Labor Code, in particular article L312.3, defines the missions of the Designated Worker (who has become a Designated Employee), the Grand-Ducal Regulation of June 9, 2006 determines the number of Designated Workers and their levels of training depending on the company’s size and industry.

The Labor Code requires the employer to carry out an assessment of occupational risks. This is a mission that is in principle devolved to the Designated Worker (or Employee).

This obligation can be seen as a simple administrative constraint or as a tool for improving safety, hygiene and working conditions with repercussions in many areas, including productivity.

Whatever your situation, we will be able to provide you with the appropriate response.

How does it work ?

The evaluation process

Presentation of the approach

Presentation of the approach to (middle) Management and other stakeholders (Staff Representative Bodies).

Identify the positions

It is then necessary to identify the positions, the missions attached to this position as well as the activities necessary to carry out each of the missions. This step can be an opportunity to formulate function definitions.

The 4 levels

The risk assessment is broken down into 4 levels:

1) We work on workstations to observe and interview employees.
2) We also observe the work environment.
3) We take notes,
4) We can also take pictures or films (with agreement of the company).

The 3 criteria

Each risk is assessed according to 3 criteria:

- the potential severity,
- employee exposure and
- the probability of occurrence.

The probability takes into account the preventive measures already in force in the company at the time of the assessment. This assessment enables management to deal with the most significant risks as a matter of priority.

Presentation

We present this first version. The interlocutors have the opportunity to make comments. After having received all the arguments, the Management decides as responsible according to the Labor Code.

Drafting

Drafting the risk assessment and the associated action plan

After these different steps, come the awareness of your employees and the transfer of skills. We explain all this in an article that we invite you to read.

What does the legislation say ?

In France

Justice considers that the employer’s obligation of safety is a reinforced obligation of means. Consequently, he “does not disregard the legal obligation imposing on him to take the necessary measures to ensure the safety and protect the physical and mental health of the workers the employer who justifies having taken all the measures provided for by articles L. 4121- 1 and L. 4121-2 of the Labor Code”. (Court of Cassation, Social Chamber, November 25, 2015, “Air France”, appeal no. 14-24444; Court of Cassation, Social Chamber, April 5, 2019, appeal no. 18-17.442).

Since July 1, 2012 (entry into force of law no. 2011-867 of July 20, 2011 relating to the organization of occupational medicine), the Labor Code (art. L. 4644-1 and R. 4644- 1) obliges the employer to appoint one or more competent employees to take care of the company’s occupational risk protection and prevention activities (PPRP).

Of course, the employer does not always have the skills in-house, especially when the company is small (< 50 employees).

Thus, if the skills in the company are not available, the employer must call, after the opinion of the social and economic committee (CSE), on external skills including Interveners in the Prevention of Occupational Risks (IPRP) duly registered with the competent administrative authority (DREETS) with expertise in the field of occupational risk prevention and the improvement of working conditions.

Qualifications

Daniel SCHMIDT is registered as IPRP with DREETS Grand-Est. He can bring you his expertise whether for specific needs, a short-term mission (replacement of an employee on parental leave), coaching a beginner or for a longer period.

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