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Occupational Safety and Health (OSH)
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Haiti - 2015

Themes

  1. Description of national OSH regulatory framework
  2. Scope, coverage and exclusions
  3. Institutions and programmes relating to OSH administration and/or enforcement
  4. Employers’ duties and responsibilities to protect the safety and health of workers and others
  5. Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
  6. Employers’ duty to ensure availability of expertise and competence in health and safety
  7. Workers' rights and duties
  8. Consultation, collaboration and co-operation with workers and their representatives
  9. Specific hazards or risks
  10. Recording, notification and investigation of accidents/incidents and diseases
  11. OSH inspection and enforcement of OSH legislation

  • 1 Description of national OSH regulatory framework

    • 1.1 Description of OSH regulatory framework

      Summary/citation: The Labour Code (Décret du 24 Février 1984 portant Code du travail actualisé) contains provisions in relation to occupation safety and health.

      In the system of Haiti, the President is the Head of State (Constitution, Article 134). The Prime Minister is appointed by the President. (Constitution, Article 137).

      "The Executive power is vested in:
      a. The President of the Republic, who is the Head of State.
      b. The Government, which is headed by a Prime Minister."
      (Constitution, Article 133)

      "Legislative power shall be vested in two (2) representative Houses. One (1) House of Deputies and one (1) Senate, comprising the Legislature or Parliament." (Constitution, Article 88)

      The law making process
      "Laws may be initiated by each of the two (2) Houses as well as by the Executive Branch."
      (Constitution, Article 111.1)
      "If a disagreement occurs with regard to any other law, a decision on it will be postponed until the following session. If, at that session, and even in the case of replacement of the Houses no agreement is reached on the law when it is introduced again, each House shall appoint, by taking a vote on a list of an equal number of members, a parliamentary committee to decide on the final text that will be submitted to the two (2) Assemblies, beginning with the one that originally voted on the law. If these additional deliberations produce no result, the Bill or proposed law will be withdrawn."
      (Constitution, Article 111.4)
      "In the event of disagreement between the Legislature and the Executive Branch, the disagreement shall, at the request of one of the parties, be referred to the Conciliation Committee provided for in article 206 below."
      (Constitution, Article 111.5)
      "If the Committee fails to reach a decision it shall draw up a report of nonconciliation, which it shall remit to the two (2) high parties and inform the Supreme Court thereof."
      (Constitution, Article 111.6)
      "Within two weeks of receipt of this report, the disagreement shall be referred to the Supreme Court. Sitting as a full court, the Court shall hand down its decision forthwith, setting all other matters aside. Its decision shall be final and is binding on the high parties. If, meanwhile, the high parties reach agreement, the terms of the agreement shall as a matter of course terminate the procedure under way."
      (Constitution, Article 111.7)
      "All bills must be voted on article by article."
      (Constitution, Article 119)
      "Each House has the right to amend and to divide articles and amendments proposed. Amendments voted on by one House may be part of a bill only after it has been voted on by the other House in the same forme and in identical terms. No bill shall become a law until it has been voted on in the same form by the two (2) Houses."
      (Constitution, Article 120)
      "Any bill may be withdrawn from discussion so long as it has not been finally voted upon."
      (Constitution, Article 120.2)
      "Any bill passed by the Legislature shall be immediately forwarded to the President of the Republic, who, before promulgation it, has the right to make objections to it in all or in part."
      (Constitution, Article 121)
      "In such cases, the President of the Republic send back the bill with his objections to the House where it was originally passed, If the bill is amended by that house, it is sent to the other Houses with the objections." (Constitution, Article 121.1)
      "If the bill thus amended is voted on by the second House, it will be sent back to the President of the Republic for promulgation." (Constitution, Article 121.2)
      "If the objection are rejected by the House that originally passed the bill, it shall be returned to the other House with the objections." (Constitution, Article 121.3)
      "If the second House also votes to reject it, the bill is sent back to the President of the Republic, who must then promulgate it." (Constitution, Article 121.4)

      • Occupational safety and health country profile: Haiti

      • Loi n° CL-05-2009-006 du 6 mai 2009 modifiant l'article 257 du Code du travail relatif au travail domestique.

      • Loi de 2003 relative à l'interdiction et à l'élimination de toutes formes d'abus, de violences, de mauvais traitements ou traitements inhumains contre les enfants.

      • Constitution de la République d'Haïti.

      • Décret du 24 février 1984 portant code du travail actualisé.

  • 2 Scope, coverage and exclusions

    • 2.1 Health and safety covers physical and psychological health

      Summary/citation: "The Labour Code aims at:
      - harmonizing the relations of capital and labor;
      - ensuring the well-being of workers by promoting an increase of his/her level of life regarding physical, moral, spiritual and material matters."

      • Décret du 24 février 1984 portant code du travail actualisé. (Art. 1)

    • 2.2 Definition of worker

      No data available.

      • 2.2.1 Coverage of particular categories of workers

        No data available.

    • 2.3 Definition of employer

      No data available.

    • 2.4 Exclusion of branches of economic activity

      Sometimes.

      • 2.4.1 Agriculture

        Summary/citation: "The working facilities are divided into three categories:
        a) agricultural institutions;
        b) industrial plants;
        c) commercial establishments."
        (Art. 91, Chapter I)
        "Agricultural establishments are those where production operations of agricultural products are carried out. They mainly include:
        a) forestry care, reforestation, improvement of forest, slaughter, cutting and transport of wood, wood debarking, forest harvesting of latex, manufacturing charcoal;
        b) agricultural holdings for production, harvesting, storage and transportation of plants and fruit ;
        c) farms for the production, harvesting and transport of flowers and vegetables ;
        d) farms of dairy products, livestock for transport or for food;
        e) livestock farms bees to produce honey and wax ."
        (Art. 92, Chapter I)

        "The provisions of this Chapter shall apply to agricultural farms and livestock enterprises, except those exclusively presenting a family character."
        (Art. 374, Chapter XI)

        Remarks / comments: More information is available in Chapter XI.

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 91 and 374)

      • 2.4.2 Construction

        No data available.

      • 2.4.3 Services

        No data available.

      • 2.4.4 Public sector

        Summary/citation: "The status of the public service is regulated by the provisions of the Law of the 6 September 1982 on the standardization of structures, standards, procedures and general principles of public administration, the Law of the 19 September 1982 on the general status of the civil service, the Decree of 26 November 1982 creating and organizing the General Commission for the administration and the public service and the Decree of 13 October 1983 laying down the procedures and modalities for appointing Officers with a career in public service."

        • Décret du 24 février 1984 portant code du travail actualisé. (Art. 389)

      • 2.4.5 Other

        No data available.

    • 2.5 Definition of occupational accident

      No data available.

    • 2.6 Definition of occupational disease

      No data available.

      • 2.6.1 List of occupational diseases

        No data available.

      • 2.6.2 Mechanism for compensating other diseases as occupational ones

        No data available.

  • 3 Institutions and programmes relating to OSH administration and/or enforcement

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: The Ministry of Social Affairs and Labour (Ministère des Affaires Sociales et du Travail) is the competent national authority for safety and health at work.

      Remarks / comments: More information is available on the Ministry of Social Affairs and Labour (Ministère des Affaires Sociales et du Travail) website: http://mast.gouv.ht/

      The "Office d'Assurance Accidents du Travail, Maladie et Maternité" (OFATMA) plays also an important role with regards to safety and health at work. More information is available on the OFATMA website: http://www.ofatma.gouv.ht/index.php

      • 3.1.1 Objectives, roles and/or functions

        No data available.

      • 3.1.2 Chairperson and composition

        No data available.

    • 3.2 National OSH research programme or institute

      No data available.

      • 3.2.1 Objectives, roles and/or functions

        No data available.

      • 3.2.2 Governance board constitution and chairmanship

        No data available.

      • 3.2.3 Source of funding

        No data available.

    • 3.3 National OSH programme

      No data available.

      • 3.3.1 Consultation on the national OSH programme

        No data available.

  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

    • 4.1 Duty to ensure the health and safety of employees

      Summary/citation: "The employer's obligations are as follows :
      a) determine by internal regulations the conditions of work and to provide them to workers;
      b) make available to the worker appropriate working premises as well as machines and tools with appropriate hygiene, safety and good operation conditions; (...)"

      • Décret du 24 février 1984 portant code du travail actualisé. (Art. 31)

    • 4.2 Duty to protect the health and safety of people other than their own employees

      No data available.

    • 4.3 Collaboration among two or more employers at the same workplace

      No data available.

    • 4.4 Surveillance of workers’ health in relation to work

      No data available.

      • 4.4.1 Specific hazards for which surveillance is required

        No data available.

    • 4.5 Surveillance of the working environment and working practices

      Summary / Citation: Employer Obligations
      "The employer's obligations are as follows :
      a) determine by internal regulations the conditions of work and to provide them to workers;
      b) make available to the worker appropriate working premises as well as machines and tools with appropriate hygiene, safety and good operation conditions; (...)"

      • Décret du 24 février 1984 portant code du travail actualisé. (Art. 31)

    • 4.6 Duty to provide personal protective equipment

      Summary / Citation: "When special risks related to work require the use of clothing or protective equipment, they should be supplied, cleaned and maintained by the employer at no cost to the worker who uses them."
      (Art. 440)

      "Whenever it is necessary, the employer shall make available to his/her workers a sufficient number of masks for the protection respiratory organs, protection goggles and seat belts as appropriate, and any other required safety equipment. Workers are required to use the equipment made ​​available to them and employers need to ensure that the equipment is used wisely by those concerned."
      (Art. 441)

      "Workers performing hazardous work and, in general, all workers driving machines must wear appropriate clothing."
      (Art. 447)

      "Workers using electricity will be warned of the dangers they are exposed to and provided with insulators and other means of protection."
      (Art. 450)

      • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 440 - 450)

    • 4.7 Duty to ensure the usage of personal protective equipment

      Summary / Citation: "Whenever it is necessary, the employer shall make available to his/her workers a sufficient number of masks for the protection respiratory organs, protection goggles and seat belts as appropriate, and any other required safety equipment. Workers are required to use the equipment made ​​available to them and employers need to ensure that the equipment is used wisely by those concerned."

      • Décret du 24 février 1984 portant code du travail actualisé. (Art. 441)

    • 4.8 Duty to provide first-aid and welfare facilities

      Sometimes.

      • 4.8.1 Arrangements for first-aid

        Summary / Citation: "A first aid kit with sufficient medical and pharmaceutical equipment shall exist in each establishment and shall be placed in an easily accessible place."

        • Décret du 24 février 1984 portant code du travail actualisé. (Art. 480)

      • 4.8.2 Sanitary installations

        Summary / Citation: "All appropriate measures shall be taken by the employer in accordance with the Department of the General Labour Inspectorate, for the general conditions prevailing in workplaces allow to provide sufficient protection of health of workers, particularly for:
        5. adequate sanitation and proper facilities for washing, and drinking water, they shall be available in adequate places, in sufficient amounts and in satisfactory conditions; (...)"
        (Art. 439)

        "Every factory, every workshop should have a sufficient number of toilets, flush lavatory facilities established separately for each sex." (Art. 469)

        "The number of lavatories must be at least of one per twenty-five male persons and by at least one per fifteen female persons, busy at work simultaneously."
        (Art. 470)

        "Waste containers with a lid must be installed in all toilet facilities for women."
        (Art. 471)

        "Sanitary conveniences shall not communicate directly with the workplace." (Art. 472)

        "All industrial plants must have sufficient installations for the staff to ensure personal hygiene." (Art. 473)

        "These facilities shall be:
        a) separated from workplaces;
        b) conveniently placed for the employees to whom they are intended;
        c) maintained in good hygienic conditions."
        (Art. 474)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 439 - 474)

      • 4.8.3 Drinking water

        Summary / Citation: "All appropriate measures shall be taken by the employer in accordance with the Department of the General Labour Inspectorate, for the general conditions prevailing in workplaces allow to provide sufficient protection of health of workers, particularly for:
        5. adequate sanitation and proper facilities for washing, and drinking water, they shall be available in adequate places, in sufficient amounts and in satisfactory conditions; (...)"

        • Décret du 24 février 1984 portant code du travail actualisé. (Art. 439)

      • 4.8.4 Rest and eating areas

        Summary / Citation: "All appropriate measures shall be taken by the employer in accordance with the Department of the General Labour Inspectorate, for the general conditions prevailing in workplaces allow to provide sufficient protection of health of workers, particularly for:
        6 ° when workers should change clothes at the beginning and end of work, changing rooms or other suitable facilities are available to them ;
        7. when no worker are allow to consume foods or drinks at the workplace, suitable facilities shall be made ​​available to take their meals, unless appropriate measures have been taken so they can take them elsewhere; (...)
        (Art. 439)

        "It is forbidden for employers or industrial companies commercial to allow their workers to sleep or eat in the same places where work is carried out. Employers must arrange special premises, as for sleep and for the meal."
        (Art. 458)

        "Canteens serving appropriate meals and when not possible, mess rooms must be established and must function in companies or in proximity thereof, where suitable, given the number of
        workers employed by the company, the demand for these canteens and their chances of use, as well as the absence of other appropriate services for obtaining meals and any other special circumstances. It is possible to create common canteens from different companies as much as appropriate."
        (Art. 459)

        "In companies where there are no other facilities for workers who need temporary rest during working hours, a rest room must be installed in a suitable place, given the nature of labour and all other terms and conditions related thereto. In particular, rest rooms must be installed to meet the needs of workers, workers engaged in particularly arduous work or special work requiring temporary rest during working hours, and for workers working in teams during breaks."
        (Art. 460)

        "Appropriate measures should be taken to encourage, within or in proximity to the company, the organization of recreation facilities for workers employed, in cases of such resources are not already made available by special institutions or by the community and when representatives of the workers report a real need of these facilities."
        (Art. 461)

        "In localities where there are insufficient facilities for purchasing food, refreshments and appropriate meals, measures should be taken to make such services available to workers. Workers must in no case be obliged to use the food services available to them. These services must operate without profit for the employer."
        (Art. 462)

        "Establishments where workers have contaminated skin by toxic, infectious or irritating substances, or by oil, grease or even dust must make available to their staff at least one shower-bath for six employees or fraction of six employees simultaneously ceasing work."
        (Art. 475)

        "Shower-bath facilities should be thoroughly cleaned and disinfected at least once a day, fed with water in sufficient manner and maintained in good working condition."
        (Art. 476)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 439 - 476)

  • 5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

    • 5.1 Elements of an OSH management system

      No data available.

      • 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

        No data available.

      • 5.1.2 Appointment of a person for health and safety

        No data available.

      • 5.1.3 Written risk assessment

        No data available.

      • 5.1.4 Safe operating work systems and procedures

        No data available.

      • 5.1.5 Training and information on risks

        No data available.

      • 5.1.6 Review or assessment of the results of preventive measures

        No data available.

      • 5.1.7 Consultation with workers in health and safety

        No data available.

    • 5.2 Obligation to implement a specific OSH management system or standard

      No data available.

  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

    • 6.1 OSH competence

      Yes.

      • 6.1.1 Requirement to access expert advice and/or support in health and safety

        Summary / Citation: Medical service
        Article 477. Employers of agricultural, commercial, industrial and all companies of any nature whatsoever occupying at least twenty employees should ensure the service of one or more physicians, whose role will be to avoid any deterioration of the health of workers and the risk of contagion in maintaining industrial hygiene conditions or provide first aid in case of emergency.
        These doctors will be assisted by one or more nurses following the size of the company."
        (Art. 477)

        "The doctors will provide their services to the company in the following way:
        - once a week for a company employing at least twenty employees;
        - twice a week for company employing at least one hundred employees;
        - three times per week for a company employing at least two hundred employees.
        Enterprises with over two hundred employees will have a permanent medical service with at least one clinic."
        (Art. 478)

        "Companies referred to in this chapter shall ensure full time services of educated nurses as follows:
        - a nurse for each company employing fifty to two hundred employees;
        - two nurses for each company employing two hundred to five hundred employees;
        - over five hundred employees, an additional nurse per two hundred employees."
        (Art. 479)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 477 - 479)

        • 6.1.1.1 Qualifications of experts or professional services

          No data available.

    • 6.2 Appointment of an OSH practitioner

      No data available.

      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        No data available.

  • 7 Workers' rights and duties

    • 7.1 Duty to take reasonable steps to protect their own safety and health

      Summary / Citation: "The duties of the worker are:
      a) to comply with the schedule in the establishment and to collaborate by respecting the legal or regulatory provisions with regards to labour;
      b) to perform the work with care, skill and diligence, as stipulated in the contract;
      c) keep the Director informed of defects that could have been seen in raw materials or tools, and would be likely to cause damage to the company;
      h) performing all other obligations that would be specifically set forth in contract. (...)"
      (Art. 30)

      "Whenever it is necessary, the employer shall make available to his/her workers a sufficient number of masks for the protection of respiratory organs, protection goggles and seat belts as appropriate, and any other required safety equipment. Workers are required to use the equipment made ​​available to them and employers need to ensure that the equipment is used wisely by those concerned."
      (Art. 441)

      • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 30 and 441)

    • 7.2 Duty to take reasonable steps to protect the safety and health of others

      No data available.

    • 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

      No data available.

    • 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

      No data available.

    • 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

      No data available.

    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: "The duties of the worker are:
      a) to comply with the schedule in the establishment and to collaborate by respecting the legal or regulatory provisions with regards to labour;
      b) to perform the work with care, skill and diligence, as stipulated in the contract;
      c) keep the Director informed of defects that could have been seen in raw materials or tools, and would be likely to cause damage to the company;
      h) performing all other obligations that would be specifically set forth in contract. (...)"
      (Art. 30)

      "Whenever it is necessary, the employer shall make available to his/her workers a sufficient number of masks for the protection respiratory organs, protection goggles and seat belts as appropriate, and any other required safety equipment. Workers are required to use the equipment made ​​available to them and employers need to ensure that the equipment is used wisely by those concerned."
      (Art. 441)

      • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 30 and 441)

    • 7.7 Right to enquire about risks and preventive measures

      No data available.

    • 7.8 Right to remove themselves from a dangerous situation

      No data available.

    • 7.9 Right to be reassigned to non-hazard work

      Summary / Citation: "If the worker who suffers a work accident cannot perform his previous work but can perform another, the employer shall assigned him to another work, according to his/her possibilities, and may for that purpose make the changes needed on his/her staff."
      (Art. 453)

      • Décret du 24 février 1984 portant code du travail actualisé. (Art. 453)

      • 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

        No data available.

  • 8 Consultation, collaboration and co-operation with workers and their representatives

    • 8.1 National OSH committee, commission, council or similar body

      No data available.

      • 8.1.1 Objectives, roles and/or functions

        No data available.

      • 8.1.2 Constitution and chairmanship modalities

        No data available.

    • 8.2 Employers’ duty to consult workers on risks

      No data available.

    • 8.3 Workers’ right to select their representatives for health and safety matters

      No data available.

      • 8.3.1 Workforce size conditions for workers’ representation in health and safety

        No data available.

      • 8.3.2 Conditions of eligibility to represent workers in health and safety

        No data available.

    • 8.4 OSH representatives’ functions, rights and powers

      No data available.

      • 8.4.1 Right to inspect the workplace

        No data available.

      • 8.4.2 Right to access OSH information

        No data available.

      • 8.4.3 Right to be present at interviews

        No data available.

      • 8.4.4 Right to receive professional assistance from OSH experts

        No data available.

      • 8.4.5 Right to accompany inspectors

        No data available.

      • 8.4.6 Right to use facilities

        No data available.

      • 8.4.7 Right to have time off work with pay to perform duties

        No data available.

      • 8.4.8 Right to issue remedial notices

        No data available.

      • 8.4.9 Right to resolve OSH issues in consultation with employers

        No data available.

      • 8.4.10 Right to direct that dangerous work cease

        No data available.

    • 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

      No data available.

      • 8.5.1 Right to enter the workplace

        No data available.

      • 8.5.2 Right to investigate suspected non-compliance with OSH legislation

        No data available.

      • 8.5.3 Right to consult with workers

        No data available.

      • 8.5.4 Right to advise workers

        No data available.

      • 8.5.5 Right to initiate enforcement action

        No data available.

    • 8.6 Joint OSH Committee

      No data available.

      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        No data available.

      • 8.6.2 Conditions for establishing a joint OSH committee

        No data available.

      • 8.6.3 Objectives, roles and/or functions of joint OSH committees

        No data available.

      • 8.6.4 Keeping record of the work of joint OSH committees

        No data available.

      • 8.6.5 Sharing the minutes of joint OSH committees meetings

        No data available.

    • 8.7 Mandatory training for members of joint OSH committee(s)

      No data available.

    • 8.8 Protection against reprisals

      No data available.

    • 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

      No data available.

  • 9 Specific hazards or risks

    • 9.1 Biological hazards

      No data available.

    • 9.2 Chemical hazards

      No data available.

      • 9.2.1 Handling, storage, labelling and use

        No data available.

      • 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

        No data available.

      • 9.2.3 Pesticides

        No data available.

    • 9.3 Ergonomic hazards

      No data available.

    • 9.4 Physical hazards

      Sometimes.

      • 9.4.1 Ionising radiation

        No data available.

      • 9.4.2 Vibration and noise

        Summary / Citation: "All appropriate measures shall be taken by the employer in accordance with the Department of the General Labour Inspectorate, for the general conditions prevailing in workplaces allowing to provide sufficient protection of health of workers, particularly for:
        8. noises and vibrations harmful to the health of workers shall be eliminated or reduced as much as possible. (...)"

        • Décret du 24 février 1984 portant code du travail actualisé. (Art. 439)

      • 9.4.3 Working at height

        No data available.

      • 9.4.4 Working in confined spaces

        No data available.

      • 9.4.5 Risks arising from poor maintenance of workplace facilities

        No data available.

      • 9.4.6 Exposure to extreme temperatures

        No data available.

      • 9.4.7 Fire risks

        No data available.

      • 9.4.8 Tobacco

        No data available.

      • 9.4.9 Asbestos

        No data available.

      • 9.4.10 Risks related to nanotechnology

        No data available.

      • 9.4.11 Contraction of HIV in the workplace

        No data available.

    • 9.5 Psychosocial hazards

      No data available.

      • 9.5.1 Psychosocial risks

        No data available.

      • 9.5.2 Occupational violence

        No data available.

    • 9.6 Other hazardous substances

      Summary / Citation: "Are unhealthy works, facilities or industries whose nature can give rise to conditions that may threaten or impair the health of workers, due to the materials used, developed or produced or made solid, liquid or gaseous.
      Are dangerous works, facilities or industries that damage or may affect immediately and in serious way the lives of workers, either due to their nature or because of the materials used, developed or produced, or because of the liquid or gaseous residues, or due to the storage of toxic, corrosive, flammable or explosive, whatever the form of this storage is.
      Special regulations prepared by the General Labour Inspectorate will determine which works are unhealthy or dangerous and dictate all measures to which such forms of activities should be subjected."
      (Art. 438)

      "All appropriate measures shall be taken by the employer in accordance with the Department of the General Labour Inspectorate, for the general conditions prevailing in workplaces allow to provide sufficient protection of health of workers, particularly for:
      9. hazardous substances are safely stored. (...)"
      (Art. 439)

      • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 438 and 439)

    • 9.7 Machineries

      Sometimes.

      • 9.7.1 Risks related to machinery and tools

        Summary / Citation: "The cleaning of machinery in motion is prohibited. If other hazardous mechanisms, security measures deemed necessary shall be adopted in each case."
        (Art. 445)

        "Before using a machine, the worker who uses it will ensure that its operation is safe and if there is any danger, he shall immediately notify the employer so that s/he can make the necessary modifications or repairs to put the machine in perfect working order. If the employer fails to fulfill this obligation, the worker shall inform the authority or the nearest police, who may suspend the use of this machine and notify the Labour Directorate. If the machine is in perfect working order before the Labour Directorate has taken the appropriate decisions, the employer shall notify the authority that ordered the suspension of the use of the machine. This authority, after ascertaining that machine operation presents no danger, will allow its return to service. An act will be drawn as the order of suspension as the return to service, under the responsibility of the authority making the notification. The act will be signed by that authority and the employer, and if s/he can not or will not sign, a witness will replace him."
        (Art. 448)

        "Before starting up a machine, workers shall be notified by a signal agreed in advance and known by all."
        (Art. 449)

        "Workers using electricity will be warned of the dangers they are exposed to and provided with insulators and other means of protection."
        (Art. 450)

        "The Directorate of Labour shall issue appropriate regulations determining mechanical means of prevention of occupational accidents to be used in different industries. Meanwhile, it will require factories, workshops or laboratories to implement the preventive measures they deem necessary for the health and safety of the workers."
        (Art. 451)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 445 - 451)

      • 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

        No data available.

      • 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

        No data available.

      • 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

        No data available.

      • 9.7.5 Maintenance of machinery and equipment

        No data available.

        • 9.7.5.1 List of equipment where applicable

          No data available.

    • 9.8 Provisions to protect workers in specific condition of vulnerability

      Yes.

      • 9.8.1 Protection of pregnancy at work

        Summary / Citation: "Maternity will be subject to special protection, whose purpose is to ensure that every child shall be born in satisfactory conditions, both for him and for his mother."
        (Art. 9)

        "Any pregnant woman is entitled, on production of a medical certificate stating the presumed date of childbirth, to a maternity leave during which she will be paid as if she continued working."
        (Art. 320)

        "The employer is required to keep her position during her maternity leave or sick leave she may received due to work disability or illness resulting from the pregnancy."
        (Art. 326)

        "If because of her pregnancy or her recent childbirth, the work run by a woman is harmful to her health and if this fact is certified by a medical certificate, the employer is obliged to give her the opportunity to change work within the same company. If this change of work is impossible, the woman is entitled to a leave without pay which may not exceed ninety days, without prejudice to the provisions related to maternity leave."
        (Art. 328)

        "During the period of apparent pregnancy, the woman is entitled to two rest periods per day of at least half an hour each, in addition to the rest taken for the meal."
        (Art. 329)

        "It is forbidden:
        a) to make differences between married women and single women, as to the extent of their rights and obligations and about the actual conditions of work;
        b) to dismiss workers for the sole reason of pregnancy or breastfeeding.
        Any dismissal of a worker being in this situation must be notified beforehand to the Labour Directorate in order to obtain authorization;
        c) to require pregnant women to perform during the three months before delivery, work requiring excessive physical effort."
        (Art. 330)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 9 and 320-330)

      • 9.8.2 Protection of lactating women at work

        Summary / Citation: "It is forbidden:
        a) to make differences between married women and single women, as to the extent of their rights and obligations and about the actual conditions of work;
        b) to dismiss workers for the sole reason of pregnancy or breastfeeding.
        Any dismissal of a worker being in this situation must be notified beforehand to the Labour Directorate in order to obtain authorization;
        c) to require pregnant women to perform during the three months before delivery, work requiring excessive physical effort."
        (Art. 330)

        "Any mother breastfeeding her child may have for this purpose in the workplace, and twice a day, half an hour taken on her working day or, if preferred, a fifteen minute interval every three hours. These moments of rest are paid."
        (Art. 331)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 330 and 331)

      • 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

        Summary / Citation: CHAPTER VII: Work of Women

        "Women have the same rights and the same obligations as men under the scope of labour legislation, without exceptions other than those established in this chapter."
        (Art. 316)

        "For work of equal value, women receive equal pay to male workers."
        (Art. 317)

        "If the nature of the work requires that the woman changes clothes to carry out her work, the employer will establish a local to this effect at her disposal."
        (Art. 318)

        "Any workplace where women are occupied must have enough seats. These seats will be placed within the reach of workers so that they can be used whenever the nature of the work they perform will require it."
        (Art. 319)

        "Any pregnant woman is entitled, on production of a medical certificate stating the presumed date of childbirth, to a maternity leave during which she will be paid as if she continued working."
        (Art. 320)

        "It is forbidden:
        a) to make differences between married women and single women, as to the extent of their rights and obligations and about the actual conditions of work;
        b) to dismiss workers for the sole reason of pregnancy or breastfeeding.
        Any dismissal of a worker being in this situation must be notified beforehand to the Labour Directorate in order to obtain authorization;
        c) to require pregnant women to perform during the three months before delivery, work requiring excessive physical effort."
        (Art. 330)

        • Décret du 24 février 1984 portant code du travail actualisé. (Chapter VII)

        Related CEACR Comments
        • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2010

      • 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

        Summary / Citation: "Minors who have reached the age at which they are allowed to work in the industrial, agricultural and commercial establishments are subject to special protection. Every child has the right to appropriate occupational training and compulsory primary education."
        (Art. 10)

        "The working hours of the apprentice who has not yet reached the age of sixteen years shall not exceed twenty-five hours a week. All work is prohibited for the apprentice during legal unemployment days, at nights, that is from 6 pm to 6 am. The owner is required to give the apprentice a semi-annual leave of at least fifteen days."
        (Art. 82)

        CHAPTER VIII: Labour of Minors
        "Minors have the same rights and the same obligations as majors within the scope of labour legislation, without exceptions other than those established in this code."
        (Art. 332)

        "Minors may not be employed in unhealthy, arduous or dangerous occupations from a physical or moral point of view, or lend their services in places where alcoholic beverages are debited."
        (Art. 333)

        "Minors under eighteen years of age are not allowed to work at night in industrial, public or private companies, or their dependencies. To the effects of this article, the term "night" means a period of at least twelve consecutive hours. For minors under sixteen years, this period will include the interval between 10 pm and 6 am, and for minors of sixteen years of age and less than eighteen years this period shall include an interval of at least seven consecutive hours falling between 10 pm and 7 am morning."
        (Art. 334)

        "Minors under the age of fifteen years may not work in industrial, agricultural or commercial undertakings."
        (Art. 335)

        "Minors under the age of eighteen years shall not work in a company if they have not been declared fit for the job at which they will be employed following a thorough medical examination.
        The medical examination must be performed by a doctor approved by the competent authority and must be attested by a medical certificate.
        The ability of these minors with regard to the work they are performing shall be subject to a medical supervision until they have attained the age of eighteen years. These medical examinations shall be at no cost to them. Appropriate measures must be taken by the Labour Directorate for the physical reorientation or rehabilitation and vocational training for young persons to whom medical examination has revealed inaptitudes, abnormalities or deficiencies."
        (Art. 336)

        "Any minor between fifteen and eighteen years must obtain prior to his/her beginning of work in an agricultural, industrial or commercial undertaking, an employment certificate or permit issued free of charge by the Labour Directorate."
        (Art. 337)

        "The employment permit for minors will be in written in three copies, one will be given to each party and the other kept in the Labour Directorate. The copy
        delivered to the employer will have to remain in his possession during the time that the young worker will be in his/her service, and will be returned to the Labour Directorate when the minor ceases to work and when he reaches the age of eighteen years."
        (Art. 338)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 10, 82 and Chapter VIII)

        Related CEACR Comments
        • Minimum Age Convention, 1973 (No. 138) Direct Request 2021

  • 10 Recording, notification and investigation of accidents/incidents and diseases

    • 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

      No data available.

      • 10.1.1 Work-related accidents

        No data available.

      • 10.1.2 Near miss incidents

        No data available.

      • 10.1.3 Occupational diseases

        No data available.

    • 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

      No data available.

      Related CEACR Comments
      • Labour Inspection Convention, 1947 (No. 81) Observation 2021
      • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      No data available.

    • 11.2 OSH inspectors’ powers

      Sometimes.

      • 11.2.1 Power to enter workplaces

        Summary / Citation: "Labour inspectors, with a duly sealed ID card and signed by the Secretary of State for Social Affairs and their managers, have the following powers:
        - To enter freely and without previous notice at any hour of the day or night, in work establishments within their jurisdiction;
        - To interview either alone or in the presence of witnesses, the employer or the staff of the company on all matters relating to the implementation of the Labour Code;
        - To require the production of any books, records and documents whose content is prescribed by the laws relating to working conditions, to verify and ensure compliance with the legal requirements, to take copies or make extracts;
        - To enforce the posting of notices under the labor laws;
        - To take or remove for purposes of analysis, samples of materials or substances used or handled;
        - To order that immediate executory measures shall be taken in cases of imminent danger to the health and safety of workers. (...)"
        (Art. 413)

        "The inspector may be required to conduct investigations or to perform inspections outside office hours when necessary, including to monitor the implementation of legal provisions relating to night employment, the legal closing time and work on Sundays and public holidays. A turnover will be established within the inspectors."
        (Art. 428)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 413 and 428)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2021
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021

      • 11.2.2 Power to inspect and carry out any examination, test or enquiry

        Summary / Citation: "Within the Labour Department, labor inspectorate shall perform the following functions:
        - Ensure the implementation of laws regarding working conditions and the protection of workers in the exercise of their profession and provide necessary information and technical advice to employers and workers on the most effective ways about the observance of such laws;
        - Visit the work centers and places where there are occupied persons earning a salary;
        - Conduct surveys designed to ascertain the contraventions and report after the inspections are carried out;
        - Collect all statistical data on the work during the investigations or inspection visits;
        - Receive reports of occupational accidents that are regularly provided by OFATMA;
        - Check the hygiene and safety in the workplaces and make recommendations for the improvement of working conditions."
        (Art. 411)

        "Labour inspectors, with a duly sealed ID card and signed by the Secretary of State for Social Affairs and their managers, have the following powers:
        - To enter freely and without previous notice at any hour of the day or night, in work establishments within their jurisdiction;
        - To interview either alone or in the presence of witnesses, the employer or the staff of the company on all matters relating to the implementation of the Labour Code;
        - To require the production of any books, records and documents whose content is prescribed by the laws relating to working conditions, to verify and ensure compliance with the legal requirements, to take copies or make extracts;
        - To enforce the posting of notices under the labor laws;
        - To take or remove for purposes of analysis, samples of materials or substances used or handled;
        - To order that immediate executory measures shall be taken in cases of imminent danger to the health and safety of workers."
        (Art. 413)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 411 and 413)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2021
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021

      • 11.2.3 Power to investigate

        No data available.

      • 11.2.4 Duty to provide advice on OSH

        Summary / Citation: "Within the Labour Department, labor inspectorate shall perform the following functions:
        - Ensure the implementation of laws regarding working conditions and the protection of workers in the exercise of their profession and provide necessary information and technical advice to employers and workers on the most effective ways about the observance of such laws; (...)"

        • Décret du 24 février 1984 portant code du travail actualisé. (Art. 411)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2021
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021

    • 11.3 OSH inspectors’ enforcement powers

      Sometimes.

      • 11.3.1 Power to issue orders or notices

        No data available.

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2021
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021

      • 11.3.2 Power to impose financial penalties

        No data available.

      • 11.3.3 Power to revoke or suspend licenses or authorisations

        No data available.

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2021
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021

      • 11.3.4 Power to require the cessation of dangerous work

        Summary / Citation: "Labour inspectors, with a duly sealed ID card and signed by the Secretary of State for Social Affairs and their managers, have the following powers:
        - to order that immediate executory measures shall be taken in cases of imminent danger to the health and safety of workers.(...)"

        • Décret du 24 février 1984 portant code du travail actualisé. (Art. 413)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2021
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021

      • 11.3.5 Power to initiate prosecutions

        No data available.

      • 11.3.6 Power to conduct prosecutions

        No data available.

      • 11.3.7 Other enforcement powers

        Summary / Citation: "Within the Labour Department, labor inspectorate shall perform the following functions:
        - Ensure the implementation of laws regarding working conditions and the protection of workers in the exercise of their profession and provide necessary information and technical advice to employers and workers on the most effective ways about the observance of such laws;
        - Visit the work centers and places where there are occupied persons earning a salary;
        - Conduct surveys designed to ascertain the contraventions and report after the inspections are carried out;
        - Collect all statistical data on the work during the investigations or inspection visits;
        - Receive reports of occupational accidents that are regularly provided by OFATMA;
        - Check the hygiene and safety in the workplaces and make recommendations for the improvement of working conditions."
        (Art. 411)

        "Labour inspectors can organize conferences, establish mixed committees or other committees to discuss issues concerning the application of labour laws and social security with the representatives of professional associations of employers and workers."
        (Art. 415)

        "The Service of the General Labour Inspectorate may, if necessary, request the assistance or collaboration of health officers or any other technicians of public services in order to take action on the hygiene of the workplace and worker safety."
        (Art. 420)

        "The labour inspector's functions in the workplace include:
        - to check, by examinations and investigations that he carries out personally, if the relevant legal provisions are applied and, if not, to take all appropriate measures to ensure compliance;
        - to help workers and company management, through consultations and appropriate technical advice, to understand the legal requirements and observance.
        During the investigation, the inspector will interview workers and employers separately regarding working conditions;
        - to study the working conditions and report to the chief inspector and bring to the knowledge of the central authority defects or abuses that are specifically covered by legal provisions;
        - to perform the tasks entrusted to them in accordance with the prescribed methods for all the service and report to their superiors."
        (Art. 429)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 411, 415, 420 and 429)

    • 11.4 Application of sanctions by courts

      Sometimes.

      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: "The refusal to comply with the written instructions of an inspector in function and the intentionally made false statements to an inspector in the exercise of his functions shall be punished by a fine of 1000 to 2000 gourdes (USD 21,19 to 42,38) or imprisonment ranging from fifteen days to three months, to be set by the Labour Court.
        In the case of insults, threats and abuse, fine will be imposed of 500 to 2,000 gourdes (USD 1,06 to 42,38) or imprisonment for six months to a year, to be set by the Labour Court.
        In the event of a repeated infringement, the two sentences will be imposed on perpetrators. The provisions of section IV, paragraphs 1 and II of the Law No 4 of the Criminal Code, concerning rebellions and outrages against authority or the police will also apply in favor of the labor inspector in the exercise of its functions."
        (Art. 423)

        "General provision: Any employer who contravenes the provisions of this title shall be liable to fine of 200 to 2,000 gourdes (USD 4,24 to 42,38) or imprisonment of fifteen days to three months, to be decided by the Labour Court.
        In case of recidivism, the penalty is doubled."
        (Art. 480)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 423 and 480)

      • 11.4.2 Financial penalties for natural persons

        Summary / Citation: "The refusal to comply with the written instructions of an inspector in function and the intentionally made false statements to an inspector in the exercise of his functions shall be punished by a fine of 1000 to 2000 gourdes (USD 21,19 to 42,38) or imprisonment ranging from fifteen days to three months, to be set by the Labour Court.
        In the case of insults, threats and abuse, fine will be imposed of 500 to 2,000 gourdes (USD 1,06 to 42,38) or imprisonment for six months to a year, to be set by the Labour Court.
        In the event of a repeated infringement, the two sentences will be imposed on perpetrators. The provisions of section IV, paragraphs 1 and II of the Law No 4 of the Criminal Code, concerning rebellions and outrages against authority or the police will also apply in favor of the labor inspector in the exercise of its functions."
        (Art. 423)
        "General provision: Any employer who contravenes the provisions of this title shall be liable to fine of 200 to 2,000 gourdes (USD 4,24 to 42,38) or imprisonment of fifteen days to three months, to be decided by the Labour Court.
        In case of recidivism, the penalty is doubled."
        (Art. 480)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 423 and 480)

      • 11.4.3 Non-financial sanctions

        No data available.

      • 11.4.4 Criminal liability

        Summary / Citation: "The refusal to comply with the written instructions of an inspector in function and the intentionally made false statements to an inspector in the exercise of his functions shall be punished by a fine of 1000 to 2000 gourdes (USD 21,19 to 42,38) or imprisonment ranging from fifteen days to three months, to be set by the Labour Court.
        In the case of insults, threats and abuse, fine will be imposed of 500 to 2,000 gourdes (USD 1,06 to 42,38) or imprisonment for six months to a year, to be set by the Labour Court.
        In the event of a repeated infringement, the two sentences will be imposed on perpetrators. The provisions of section IV, paragraphs 1 and II of the Law No 4 of the Criminal Code, concerning rebellions and outrages against authority or the police will also apply in favor of the labor inspector in the exercise of its functions."
        (Art. 423)
        "General provision: Any employer who contravenes the provisions of this title shall be liable to fine of 200 to 2,000 gourdes (USD 4,24 to 42,38) or imprisonment of fifteen days to three months, to be decided by the Labour Court.
        In case of recidivism, the penalty is doubled."
        (Art. 480)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 423 and 480)

      • 11.4.5 Terms of imprisonment for natural persons

        Summary / Citation: "The refusal to comply with the written instructions of an inspector in function and the intentionally false made statements to an inspector in the exercise of his functions shall be punished by a fine of 1000 to 2000 gourdes (USD 21,19 to 42,38) or imprisonment ranging from fifteen days to three months, to deliver by the Labour Court.
        In the case of insults, threats and abuse, it will be imposed a fine of 500 to 2,000 gourdes (USD 1,06 to 42,38) or imprisonment for six months to a year, to set by the Labour Court.
        In the event of a repeated infringment , the two sentences will be imposed on perpetrators. The provisions section IV , paragraphs 1 and II , of Law No 4 of the Criminal Code, concerning rebellions and outrages against in authority or the police will also apply in favor of the labor inspector in the exercise of its functions."
        (Art. 423)

        "General provision: Any employer who contravenes the provisions of this title shall be liable to fine of 200 to 2,000 gourdes (USD 4,24 to 42,38) or imprisonment of fifteen days to three months, to decide by the Labour Court.
        In case of recidivism, the penalty is doubled."
        (Art. 480)

        • Décret du 24 février 1984 portant code du travail actualisé. (Arts. 423 and 480)

References

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