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Occupational Safety and Health (OSH)

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Tunisia - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: Occupational safety and health at the workplace is regulated by many different legislative documents, including the labor code, special legislations on governmental institutions, specific legislations related to particular hazards in addition to specific legislation on accidents, occupational diseases, and medical services at work. The laws are detailed and specific.
  • Code du Travail.
  • Imprimerie Officielle de la République Tunisienne
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  No data available.
- 2.2 Definition of worker
  Summary/citation: The worker represents a party that provides for another party (the employer) personal services under the direction and control of the employer, in return for remuneration.
  • Code du Travail. (§ 6)
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    - 2.2.1.1 Migrant workers
      Summary/citation: Special provisions address migrant workers.
      • Code du Travail. (§§ 258-271)
    - 2.2.1.2 Domestic workers
      No data available.
    - 2.2.1.3 Home workers
      Summary/citation: The labor law applies to private employment.
      • Code du Travail. (§ 1)
    - 2.2.1.4 Self-employed persons
      Summary/citation: The labor law applies to private employment.
      • Code du Travail. (§ 1)
- 2.3 Definition of employer
  Summary/citation: The employer represents a party that directs and controls another party (the employee) in the provision of services upon payment of remuneration.
  • Code du Travail. (§ 6)
- 2.4 Exclusion of branches of economic activity
  Sometimes.
  - 2.4.1 Agriculture
    Summary/citation: Included.
    • Code du Travail. (§ 1)
  - 2.4.2 Construction
    Summary/citation: Included.
    • Code du Travail. (§ 1)
    Related CEACR Comments
    • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2014
    • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2020
  - 2.4.3 Services
    Summary/citation: Included.
    • Code du Travail. (§ 1)
  - 2.4.4 Public sector
    Summary/citation: Specific provisions for public servants are contained in Law No. 83-112 of 12 December 1983 and Law No. 85-78 of 5 August 1985.
    • Code du Travail. (§ 1)
  - 2.4.5 Other
    Summary/citation: People working at sea are covered by the Code of Maritime Labour promulgated in 1967.
- 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
    Summary/citation: An occupational disease list is included in the relevant decree dated 10 January, 1995.
    • Decision of 5 June 2003 in relation to the list of occupational diseases
  - 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 is responsible for the management of occupational safety and health matters.
  • Order No. 269 of 14 February 1996 in relation to the organization of the Ministry of Social Affairs (§§ 1,30)
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: The objectives of the "Directorate of Occupational Safety and Health Inspection" include:
    (1) to ensure the enforcement of legal provisions in relation to occupational safety and health;
    (2) to participate in the improvement of provisions related to occupational safety and health;
    (3) to maintain records about the physiological health of workers; (4) to participate in the medical examination of workers, and to offer them advice/consultations in relation to occupational safety and health.
    
    Additional functions also include: (1) observing medical services at the workplace, including those specific to victims of occupational accidents/diseases;
    (2) observing the status of occupational safety and health in different environments, and to participate in the investigation of work accidents and diseases;
    (3) participating in research in relation to occupational safety and health.
    • Order No. 269 of 14 February 1996 in relation to the organization of the Ministry of Social Affairs (§ 30)
  - 3.1.2 Chairperson and composition
    Summary/citation: This directorate consists of two "sub-directorates":
    1. The sub-directorate for the inspection of medical services at the workplace includes the department responsible for the observation of medical services at work, and the department responsible for observing the aid offered for victims of occupational accidents and diseases.
    2. The sub-directorate for observing occupational safety and health: includes the department responsible for observing work safety, and that responsible for observing the maintenance of a health environment at the workplace.
    • Order No. 269 of 14 February 1996 in relation to the organization of the Ministry of Social Affairs (§ 30)
- 3.2 National OSH research programme or institute
  Summary/citation: A special OSH institute is to be formed which is responsible for setting OSH programs and research.
  • Law No. 9 of 1996 in relation to the creation of the OSH institute (§ 2)
  - 3.2.1 Objectives, roles and/or functions
    Summary/citation: The OSH institute is responsible for the following functions:
    -To conduct OSH research;
    -To conduct awareness raising in relation to OSH, and also to use the media for that purpose;
    -To offer technical assistance in the field;
    -To conduct constant training in relation to OSH.
    • Law No. 9 of 1996 in relation to the creation of the OSH institute (§ 2)
  - 3.2.2 Governance board constitution and chairmanship
    Summary/citation: The law specifies the composition of the OSH institute.
    • Décret no 2000-705 du 5 avril 2000, fixant l'organisation administrative et financière de l'institut de santé et de sécurité au travail et les modalités de son fonctionnement. (§§ 1-4)
  - 3.2.3 Source of funding
    Summary / Citation: The law describes financial matters related to the OSH institute. The main sources of funding include funds from the government, the income of the OSH institute and its activities, donations, and other sources of funding.
    • Décret no 2000-705 du 5 avril 2000, fixant l'organisation administrative et financière de l'institut de santé et de sécurité au travail et les modalités de son fonctionnement. (§§ 17-22)
- 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: Every employer shall take the necessary measures appropriate for the protection of workers and for risk prevention, including:
  1- Ensuring the protection of the health of workers at the workplace;
  2- Guaranteeing conditions that provide suitable working environment.
  • Code du Travail. (§ 152(2))
- 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
  Summary / Citation: Medical services at the workplace must conduct medical examinations for workers upon engagement and on a regular basis in order to ensure their protection from hazards at the workplace. Medical examinations shall occur at least once a year.
  Restrictions / obligations: If the number of workers is five hundred or above, then the employer must create a special section/department that provides medical services. Establishments with less than five hundred workers must either create such departments in collaboration with other establishments, or to set up their own.
  • Code du Travail. (§ 153)
  - 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: The employer is required to hire an OSH officer who is responsible for monitoring the workplace to identify sources of danger and notify the employer about it in order to prevent risks and hazards.
  • Code du Travail. (§ 154(5))
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: Employers must provide protective equipment to workers and train them on the proper use of these equipments.
  • Code du Travail. (§ 152(2))
  Related CEACR Comments
  • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2014
  • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2020
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2015
- 4.7 Duty to ensure the usage of personal protective equipment
  Summary / Citation: The employer is required to hire an OSH officer who is responsible for ensuring the implementation of laws, regulations and conventions related to safety, and ensuring that workers use protective equipment.
  
  • Code du Travail. (§ 154(5))
- 4.8 Duty to provide first-aid and welfare facilities
  Yes.
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: The medical services at work shall be equipped with first aid kits.
    • Decision of the Minister of Social Affairs and Tunisians Abroad of 27 October 2003 in relation to regulating the system of medical departments at the workplace (§ 10)
  - 4.8.2 Sanitary installations
    Summary / Citation: The law requires workplaces to provide suitable and adequate sanitary facilities for male and female staff to use.
    • Décret n° 68-328 fixant les règles générales d'hygiène dans les entreprises soumises au Code du travail [loi n° 66-27 du 30 avril 1966, SL. 1966-Tun. 1]. (§ 12)
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2015
  - 4.8.3 Drinking water
    Summary / Citation: The employer must provide drinking water at the workplace.
    • Décret n° 68-328 fixant les règles générales d'hygiène dans les entreprises soumises au Code du travail [loi n° 66-27 du 30 avril 1966, SL. 1966-Tun. 1]. (§ 1)
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2015
  - 4.8.4 Rest and eating areas
    Summary / Citation: An eating area with tables and benches should be provided.
    • Décret n° 68-328 fixant les règles générales d'hygiène dans les entreprises soumises au Code du travail [loi n° 66-27 du 30 avril 1966, SL. 1966-Tun. 1]. (§ 14)
5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
- 5.1 Elements of an OSH management system
  Sometimes.
  - 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety
    Summary/citation: One of the responsibilities of the sub-committee on OSH include:
    - Preparing drafts of regulations and requirements relating to the health and safety in the company;
    - Creating programs on occupational risk prevention in the establishment and monitoring the implementation of these programs.
    Restrictions / obligations: The establishment should include at least forty permanent workers.
    • Code du Travail. (§ 161)
  - 5.1.2 Appointment of a person for health and safety
    No data available.
  - 5.1.3 Written risk assessment
    Summary/citation: The medical department at work is responsible for preparing a special report where occupational risks are recorded and workers are exposed to such risks. The occupational safety and health inspectors can have access to this written assessment.
    • Décret no 2000-1985 du 12 septembre 2000 portant organisation et fonctionnement des services de médecine du travail. (§ 5)
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: Every employer must provide measures for prevention at both individual and collective levels and ensure that workers adopt these measures.
    
    Medical services are to be provided at the workplace. These services assume an essentially preventive role with respect to OSH.
    Responsibilities include the review and monitoring of workers' health, the performance of physical examinations at the time of hiring and during employment and protection from occupational risks.
    Restrictions / obligations: If the number of workers is five hundred or above, then the employer must create a special section/department that provides medical services. Establishments with less than five hundred workers must either create such departments in collaboration with other establishments, or to set up their own.
    • Code du Travail. (§ 152(2))
  - 5.1.5 Training and information on risks
    Summary/citation: Every employer shall take the necessary measures to inform and educate workers about the risks of their profession. They shall also train workers on the use of protective equipment.
    • Code du Travail. (§ 152(2))
  - 5.1.6 Review or assessment of the results of preventive measures
    Summary/citation: The medical department at the workplace is required to monitor occupational safety and health measures and to work on the improvement of those measures.
    • Decision of the Minister of Social Affairs and Tunisians Abroad of 27 October 2003 in relation to regulating the system of medical departments at the workplace (§ 2)
  - 5.1.7 Consultation with workers in health and safety
    Remarks / comments: Consultations with employees on OSH matters occur indirectly throught the OSH subcommittee at the workplace.
- 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
  Sometimes.
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    No data available.
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
- 6.2 Appointment of an OSH practitioner
  Summary/citation: The employer is required to hire an OSH officer who is responsible for the following matters:
  1- Ensure the implementation of laws, regulations and conventions related to safety;
  2- Supervise the implementation of safety programs;
  3- Monitor the workplace to identify sources of danger and warn in order to prevent the occurrence of risks and ensure the use of means of prevention;
  4- Identify the causes of accidents and present proposals to prevent and to ensure the safety of workers in the company;
  5- Ensure that workers use protective equipment;
  6- Conduct awareness and dissemination of preventive education among workers.
  
  • Code du Travail. (§§ 154(5))
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    Summary/citation: Legal provisions request the assignment of OSH officers in different types of establishments.
    • Décret no 2000-1989 du 12 septembre 2000 fixant les catégories d'entreprises tenues de désigner un responsable de sécurité du travail et les conditions devant être remplies par celui-ci. (§§ 1-6)
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  Summary / Citation: The worker is under a duty to comply with the requirements for health and safety at work and not to commit any act or failure that may prevent the implementation of these requirements. This includes the following:
  - Execute the instructions relating to the protection of his/her health and safety and that of employees working with him/her;
  - Use prevention means at their disposal and to ensure their conservation;
  - Participate in training courses and awareness activities with respect to health and safety at work;
  - Inform immediately their supervisor of any identified problems likely to cause danger to health and safety at work;
  - Submit to medical examinations are prescribed.
  • Code du Travail. (§ 152(3))
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: The worker is under a duty to comply with the requirements for health and safety at work and not to commit any act or failure that may impede the implementation of these requirements. This includes compliance with the instructions relating to the protection of his/her health and safety and that of employees working with him/her in the company;
  • Code du Travail. (§ 152(3))
- 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
  Summary / Citation: The employer is required to hire an OSH officer who is responsible for the following matters:
  - Ensure the implementation of laws, regulations and conventions related to safety;
  - Supervise the implementation of safety programs;
  
  • Code du Travail. (§ 154(5))
- 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety
  Summary / Citation: The worker is under the duty to comply with the requirements for health and safety at work and not to commit any act or failure that may prevent the implementation of these requirements. This includes the following:
  - Execute the instructions relating to the protection of his/her health and safety and that of employees working with him/her;
  - Use prevention means at their disposal and to ensure their conservation;
  - Participate in training courses and awareness activities with respect to health and safety at work;
  - Inform immediately their supervisor of any identified problems likely to cause danger to health and safety at work;
  - Submit to medical examinations are prescribed.
  • Code du Travail. (§ 152(3))
- 7.6 Duty to comply with OSH-related requirements
  Summary / Citation: The worker is under the duty to comply with the requirements for health and safety at work and not to commit any act or failure that may prevent the implementation of these requirements. This includes the following:
  - Execute the instructions relating to the protection of his/her health and safety and that of employees working with him/her;
  - Use prevention means at their disposal and to ensure their conservation;
  - Participate in training courses and awareness activities with respect to health and safety at work;
  - Inform immediately their supervisor of any identified problems likely to cause danger to health and safety at work;
  - Submit to medical examinations are prescribed.
  • Code du Travail. (§ 152(3))
- 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
  No data available.
  - 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
  Summary / Citation: A National Committee on Occupational Safety and Health is to be created, which primarily has an advisory role.
  • Décret no 96-1001 du 20 mai 1996 relatif au Conseil national de la prévention des risques professionnels. (§ 1)
  - 8.1.1 Objectives, roles and/or functions
    Summary / Citation: The objectives of the National OSH Commitee are:
    1. Recommend measures that support the national policy on occupational safety and health;
    2. Offer recommendations on occupational safety and health matters, when requested by the Ministry of Social Affairs;
    3. Organize the activities of different institutions working on occupational safety and health.
    • Décret no 96-1001 du 20 mai 1996 relatif au Conseil national de la prévention des risques professionnels. (§ 1)
  - 8.1.2 Constitution and chairmanship modalities
    Summary / Citation: The chairperson of the National OSH Committee is the Minister of Social Affairs. The members are representatives of other ministries, employers and workers among others. The total number of members is forty-eight.
    • Décret n° 2007-2383 du 24 septembre 2007, portant modification du décret n° 96-1001 du 20 mai 1996 relatif au Conseil national de la prévention des risques professionnels. (§ 2)
- 8.2 Employers’ duty to consult workers on risks
  Summary / Citation: A sub-committee on occupational safety and health shall be established at the workplace. This committee shall include representatives of workers.
  Restrictions / obligations: The law requires the establishment of a sub-committee on occupational safety at workplaces where at least 40 permanent workers are engaged.
  • Code du Travail. (§§ 157,161)
- 8.3 Workers’ right to select their representatives for health and safety matters
  Summary / Citation: A sub-committee on occupational safety and health shall be established at the workplace. This committee shall include representatives of workers.
  Restrictions / obligations: The law requires the establishment of a sub-committee on occupational safety at workplaces where at least 40 permanent workers are engaged.
  • Code du Travail. (§§ 157,161)
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    Summary / Citation: The law requires the establishment of a sub-committee on occupational safety at workplaces where at least forty permanent workers are engaged.
    • Code du Travail. (§§ 157,161)
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    No data available.
- 8.4 OSH representatives’ functions, rights and powers
  Sometimes.
  - 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
    Summary / Citation: The time required for representatives to conduct their work or attend meetings shall be paid.
    • Code du Travail. (§ 165)
  - 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
  Summary / Citation: A specific sub-committee on occupational saefty and health is to be created at the workplace.
  Restrictions / obligations: The law requires the establishment of a sub-committee on occupational safety at workplaces where at least forty permanent workers are engaged.
  • Code du Travail. (§§ 157,161)
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: Two representatives of workers are to be included within this sub-committee; these representatives are to be chosen by staff representatives.
    Restrictions / obligations: The law requires the establishment of a sub-committee on occupational safety at workplaces where at least forty permanent workers are engaged.
    • Code du Travail. (§§ 157,161)
  - 8.6.2 Conditions for establishing a joint OSH committee
    Summary / Citation: The law requires the establishment of a sub-committee on occupational safety at workplaces where at least forty permanent workers are engaged.
    • Code du Travail. (§§ 157,161)
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    Summary / Citation: The responsibilities of this sub-committee on OSH include:
    - Preparing drafts of regulations and requirements relating to the health and safety in the company;
    - Providing information, awareness and training in the field of health and safety;
    - Creating programs on occupational risk prevention in the establishment and monitor the implementation of these programs;
    - Carrying out investigations on occupational accident or serious diseases and proposing the necessary measures to control their causes.
    • Code du Travail. (§§ 157,161)
  - 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
  Sometimes.
  - 9.2.1 Handling, storage, labelling and use
    Yes.
    • Arrêté du ministre de l'Intérieur du 16 octobre 2000 fixant les modalités du chargement, du transport et du déchargement des matières explosives utilisées à des fins civiles, les normes des moyens de leur transport et les règles de sécurité.
  - 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
    Yes.
    • Law No. 41 of 10 June 1996 in relation to the disposal of wastes
- 9.3 Ergonomic hazards
  Yes.
  • Arrêté du ministre des affaires sociales du 5 mai 1988 déterminant le poids maximum des charges pouvant être transportées par un seul travailleur.
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Yes.
    • Loi no 81-51 relative à la protection contre les dangers des sources des rayonnements ionisants.
  - 9.4.2 Vibration and noise
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2015
  - 9.4.3 Working at height
    No data available.
    Related CEACR Comments
    • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2014
    • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2020
  - 9.4.4 Working in confined spaces
    No data available.
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2015
  - 9.4.6 Exposure to extreme temperatures
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2015
  - 9.4.7 Fire risks
    No data available.
  - 9.4.8 Tobacco
    Summary / Citation: There are specific areas where smoking is prohibited.
    • Order No. 2248 of 16 Nov 1998 in relation to public places where smoking is prohibited
  - 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
    Yes.
    • Act No. 921-71 of 27 July 1992 on communicable diseases.
- 9.5 Psychosocial hazards
  Sometimes.
  - 9.5.1 Psychosocial risks
    No data available.
  - 9.5.2 Occupational violence
    Summary / Citation: Serious misconduct described as "engaging during work or at the workplace in acts of violence or threats against any fellow worker or person not belonging to the enterprise" would justify dismissal of the employee.
    • Code du Travail. (§ 14)
- 9.6 Other hazardous substances
  Yes.
  • Décret n° 2001-143 du 5 janvier 2001 fixant les règles de sécurité applicables au chargement, au déchargement et à la manutention des marchandises dangereuses dans les ports maritimes du commerce.
- 9.7 Machineries
  Sometimes.
  - 9.7.1 Risks related to machinery and tools
    Summary / Citation: Every employer shall take the necessary measures in order to protect workers from the dangers inherent in machinery, equipment and products used.
    • Code du Travail. (§ 152(2))
  - 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: Pregnant workers shall not work under radiation exposure. Women at reproductive age may be exposed to uniform levels but not to exceptional levels of radiation, as far as practicable.
    • Order No. 43 of 28 March 1986 in relation to protection from ionizing radiation (§§ 15,20,32)
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: A special room for breastfeeding shall be fitted in any establishment employing at least fifty women.
    • Code du Travail. (§ 64)
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: Specific provisions exist with respect to night work for women. Also, employers engaging female workers must ensure the maintenance of decency and compliance with public decency.
    • Code du Travail. (§§ 65-74,76)
    Related CEACR Comments
    • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2004
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: Children under the age of eighteen years may not be employed in all types of work governed by the labour law. Also, those below the age of eighteen can not be employed in work where the work circumstances/nature expose children's health, safety or morals to danger.
    Restrictions / obligations: Exceptions exist for which employment of children below the age of sixteen years is allowed under the law:
    -Article 53-2: work in general education schools, vocational/technical and other training institutions. The minimum age of work is fourteen in light of specific programs described.
    -Article 54: establishments under the authority of the father, mother or guardian provided that the employment of children has no negative effect on their physical and mental health, development and education.
    -Article 55: the minimum age is reduced to thirteen years in the case of agricultural work described within this article (essentially the work shall not be harmful to the health and normal development of children and not affect their academic/vocational abilities).
    Also: Book 2, Chapter 3 titled "Night work for women and children" addresses employment of children.
    • Code du Travail. (§§ 53,58)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2019
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
  Sometimes.
  - 10.1.1 Work-related accidents
    Summary / Citation: The occupational physician must keep a medical record for each worker. Also, two reports shall be issued for each examination, one for the worker being examined, and the other for the employer. Furthermore, a yearly report shall be submitted by the occupational physicians including information about accidents.
    • Décret no 2000-1985 du 12 septembre 2000 portant organisation et fonctionnement des services de médecine du travail. (§§ 10,11)
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    Summary / Citation: The occupational physician must keep a medical record for each worker. Also, two reports shall be issued for each examination, one for the worker being examined, and the other for the employer. Furthermore, a yearly report shall be submitted by the occupational physicians including information about diseases.
    • Décret no 2000-1985 du 12 septembre 2000 portant organisation et fonctionnement des services de médecine du travail. (§§ 10,11)
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: The employer must notify, within three working days, the Social Security Institute, the police/security center that is closest to the worksite, and the specialized inspectorate about any occupational accident/disease that occurred to any of the workers.
  • Loi no 94-28 du 21 février 1994 portant régime de réparation des préjudices résultant des accidents du travail et des maladies professionnelles telle que modifiée et complétée par la loi no 95-103 du 27 novembre 1995 (Codification). (§ 63)
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: Labour inspectors are responsible for ensuring the implementation of legislation on occupational safety and health in coordination with medical inspectors.
  
  • Code du Travail. (§ 174)
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: Labour inspectors have the power to enter freely and without previous notice at any hour of the day or night at any workplace liable to inspection control.
    • Code du Travail. (§ 174)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2011
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: Labour inspectors have the right to examine workers and take samples of materials and products used and handled for analysis. These samples may include gases, vapours and other substances diluted in the atmosphere of the workplace.
    Restrictions / obligations: The employer or his representative has to be notified that these samples are taken for analysis.
    • Code du Travail. (§ 174)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2011
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.2.3 Power to investigate
    No data available.
  - 11.2.4 Duty to provide advice on OSH
    Summary / Citation: The medical inspectors are responsible for providing employers and workers with the information and technical advice on the most effective ways for the application of the legislation on health and safety at work.
    • Code du Travail. (§ 291)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2011
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: Inspectors may give notices to the employer to make the necessary changes to ensure the strict enforcement of laws, regulations or agreements concerning health and safety (the employer has a period of a minimum of 4 days).
    • Code du Travail. (§ 174)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2011
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 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 2011
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: The inspector has the right to stop work at the enterprise (partially or totally) in the case of danger.
    • Code du Travail. (§ 175)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2011
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 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
    No data available.
- 11.4 Application of sanctions by courts
  Sometimes.
  - 11.4.1 Financial penalties for legal persons
    Summary / Citation: The law foresees a fine of 24-60 dinars [14.6USD-36USD] for anyone who violates articles 153-157 of the labour code (which relate to occupational safety and health) as well as decrees that relate to the labour code (§ 234).
    
    The law foresees a fine of 144-720 dinars [87USD- 436USD] in case of contempt against an inspector (§ 240).
    • Code du Travail. (§§ 234, 240)
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: The law foresees a fine of 24-60 dinars [14.6USD-36USD] for anyone who violates articles 153-157 of the labour code (which relate to occupational safety and health) as well as decrees that relate to the labour code (§ 234).
    
    The law foresees a fine of 144-720 dinars [87USD- 436USD] in case of contempt against an inspector (§ 240).
    • Code du Travail. (§§ 234, 240)
  - 11.4.3 Non-financial sanctions
    Summary / Citation: In the case of a contravention of the provisions relating to health and the safety of workers, the judge may order measures of security or safety and set a deadline for their execution. If they have not been performed by the deadline, then the court may order the closure of the establishment.
    • Code du Travail. (§ 238)
  - 11.4.4 Criminal liability
    No data available.
  - 11.4.5 Terms of imprisonment for natural persons
    No data available.

Tunisia - 2013

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

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

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

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

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

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

4.4.1 Specific hazards for which surveillance is required

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

4.8.1 Arrangements for first-aid

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

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

5.1 Elements of an OSH management system

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

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

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

6.1 OSH competence

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

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

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

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

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

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

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

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

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

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

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

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