According to Order No. 039/MTPS/IMT of November 1984 fixing the general measures of hygiene and safety in the places of work, the employer is directly responsible for the application of all the
prevention, hygiene, and safety measures intended to ensure the protection of the health of the workers he uses.
When several employers use workers simultaneously in the same workplace, they must work together to ensure that all workers are protected as effectively as possible.
Nevertheless, each employer remains responsible for any damage caused by his activities.
Any employer who uses manufacturing processes involving special risks or likely to cause occupational diseases is required to make a declaration before the start of the said work by registered letter addressed to the Minister of Labour and Social Security (through the
hierarchy).
The declaration must indicate the nature of the risks and the protection and prevention measures are taken to protect workers from the nuisances resulting from their activities.
In the event of serious risks, the local Labour Inspector will carry out an investigation to ensure that all measures have been taken.
The employer is obliged to provide and maintain the premises, installations and tools appropriate to the work to be performed in such a way to ensure that the workers are adequately protected against
accidents at work and any damage to health.
Likewise, the employer is obliged to provide the workers, taking into account their activities, with the supply, maintenance, and timely renewal of individual and collective means of protection recognized as effective.
Depending on the nature of the work, the appropriate protective equipment shall consist of:
(a) Respirators when the nature of the industry or work to be performed does not permit sufficient removal of gases, vapors, dust or other noxious fumes;
(b) Goggles or face shields to protect the worker from solid, liquid or gaseous projections likely to cause injury;
(c) Goggles and other protective devices against radiation of all kinds which are harmful to the eyes;
(d) Protection against all dangerous projections and the possible fall of objects;
(e) Gloves, gauntlets, muffs, headgear, caps, and special footwear, for the appropriate protection of workers against dangerous splashes, fumes and contacts;
(f) Special clothing and/or equipment for the protection of workers in the performance of dangerous or simply dirty tasks;
g) Any other apparatus, device, or accessory suitable for protecting the worker against the risks related to his activity.
The employer is obliged to provide the workers with all the information concerning the risks involved in their respective occupations and the measures to be taken to avoid them, including the use of protective systems, when they are hired, or when a new work process is introduced.
In addition, permanent information is provided to the workers in possible collaboration with the competent services of the Ministry of Labour and Social Security, the National Social Insurance Fund, the most represented employers’ or workers’ trade unions, and any other organization concerned with health and safety issues.
Any establishment carrying out an activity classified in risk group A, according to the regulations in force on occupational accidents and diseases, and employing more than ten workers, must keep one or more registers, known as technical control registers, which will be mentioned, with the date and signature of the technicians proposed to carry out these controls, tests, verifications, and periodic
maintenance operations of the equipment, machines, safety devices and protection means.
This provision is mandatory for companies and establishments carrying out an activity classified in risk groups B and C, regardless of the several workers employed.
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