Appointing and training safety officers
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In order to ensure the occupational health and safety of his employees, each employer must appoint at least one safety officer (designated worker - travailleur désigné) among his staff.
The safety officer will be entrusted with all activities regarding the prevention and protection of occupational risks in the business.
He/she must fulfil certain conditions in terms of qualification, training and experience within 12 months following his/her appointment. The number of safety officers to be appointed and the time they must be given to carry out their task depends:
- on the number of staff in the business;
- on the number of hazardous jobs;
- on the size and sector of the business.
Who is concerned
All employers can freely appoint their safety officers among their staff. It is preferable to ensure that safety officers are not appointed against their own will.
The employer can:
- either appoint one or more safety officers among his staff;
- or fill the position himself if he employs less than 50 staff provided he meets the conditions of qualification and experience;
When a safety officer resigns, the employer must fill the position within 2 months. As long as the employer has not yet appointed a new safety officer or if the appointed safety officer does not yet meet the conditions required, the employer is allowed to fill the position himself for a maximum time of 12 months.
Prerequisites
Preliminary steps
Before appointing a safety officer, the employer must inform the staff delegation or the joint works committee, where applicable.
It should be noted that joint works committees (also "joint works councils") will cease to exist after social elections that take place after 1 January 2016. As from these elections, the tasks and duties assigned to joint works committees will be transferred to the staff delegations in companies which had at least 150 staff during the 12 months preceding the first day of the posting of the announcement of elections.
Until these elections, the joint works committees currently in place will continue to carry out their tasks.
How to proceed
Number of safety officers to be appointed
Calculating the amount of time granted to each safety officer
The number of safety officers to be appointed depends on the group or subgroup to which the business belongs, and which is determined by:
- the number of staff in the company;
- the business's sector of activity.
These groups or subgroups determine the minimum time that employers must allocate to safety officer(s) to let them implement protective and preventive measures against occupational risks within the business and/or company.
In the case where some employees hold hazardous positions, the safety officer(s) is (are) given more time to fulfil his (their) task.
When an employer has determined the total amount of time which must be allocated to the safety officer(s), he can calculate the number of safety officers to be appointed.
Group |
Subgroup |
Number of staff |
Time allocated per employee (T) |
Additional time allocated per hazardous position (Tr) |
---|---|---|---|---|
Group A |
|
1 - 15 |
70 s/d |
70 s/d |
Group B |
|
16 - 49 |
70 s/d |
70 s/d |
Group C |
C1 |
50 - 99 |
50 s/d |
70 s/d |
C2 |
100 - 249 |
45 s/d |
50 s/d |
|
C3 |
250 - 449 |
40 s/d |
45 s/d |
|
C4 |
450 - 649 |
35 s/d |
40 s/d |
|
C5 |
650 - 949 |
30 s/d |
35 s/d |
|
C6 |
950 - 1,299 |
25 s/d |
30 s/d |
|
C7 |
1,300 - 1,599 |
25 s/d |
25 s/d |
|
Group D |
D1 |
1,600 - 1,999 |
25 s/d |
20 s/d |
D2 |
2,000 or more |
25 s/d |
15 s/d |
|
Group E
|
E1 |
950 - 1,299 |
30 s/d |
35 s/d |
E2 |
1,300 - 1,599 |
25 s/d |
30 s/d |
|
E3 |
1,600 - 1,999 |
25 s/d |
25 s/d |
|
E4 |
2,000 or more |
25 s/d |
20 s/d |
|
Group F
|
F1 |
650 - 949 |
35 s/d |
40 s/d |
F2 |
950 - 1,299 |
30 s/d |
35 s/d |
|
F3 |
1,300 - 1,599 |
25 s/d |
30 s/d |
|
F4 |
1,600 - 1,999 |
25 s/d |
25 s/d |
|
F5 |
2,000 or more |
25 s/d |
20 s/d |
|
Group G
|
G1 |
450 - 649 |
40 s/d |
45 s/d |
G2 |
650 - 949 |
35 s/d |
40 s/d |
|
G3 |
950 - 1,299 |
30 s/d |
35 s/d |
|
G4 |
|
25 s/d |
30 s/d |
|
G5 |
1,600 - 1,999 |
25 s/d |
25 s/d |
|
G6 |
2,000 or more |
25 s/d |
20 s/d |
Calculation of the number of safety officers to be appointed
In order to calculate the number of safety officers needed, the employer must:
- multiply the time allocated per employee (T) by the total number of staff in the company (S);
- where applicable, multiply the additional time allocated per hazardous workplace (Tr) by the total number of hazardous workplaces in the company (Sr);
- add together the sums of the 2 previous calculations to get the minimum average time in seconds which must be allocated to the safety officer to carry out his task;
- divide by 60 to obtain the minimum average time (TMM) in minutes per day.
Employers must use the following formula:
[(S x T) + (Sr x Tr)] / 60 = TMM
The result obtained should be compared with the table below in order to determine the number of safety officers to be appointed:
Time (minutes/day) |
Number of safety officers to be appointed |
---|---|
1 mn/d to 480 mn/d |
1 |
481 mn/d to 960 mn/d |
2 |
961 mn/d to 1,440 mn/d |
3 |
1,441 mn/d to 1,920 mn/d |
4 |
as from 1,921 mn/d |
5 |
Example: a company with 150 employees and 10 hazardous workplaces belongs to group C, and more specifically to subgroup C2:
The employer must allocate the following amounts of time to the safety officer to carry out his task:
- 45 s/d per employee
- 50 s/d per hazardous workplace
- [(150 x 45) + (10 x 50)] = 7,250 s/d
- 7,250 / 60 = 121 mn/d to be allocated to the safety officer(s)
In this case, the employer must appoint one safety officer.
Whenever a business carries out their tasks on several operating sites, the employer must appoint one safety officer for each site with more than 200 employees.
Training and responsibility of safety officers
Mandatory training and experience
The employer must ensure that each safety officer meets the requirements in terms of qualification, training and experience needed to carry out the task within 12 months following their appointment.
The requirements with regard to qualification and training vary depending on the group or subgroup the business belongs to:
Group |
Mandatory |
Qualification and training |
---|---|---|
A |
Minimum 1 year in |
|
B |
Minimum 2 years in |
|
C1, C2, C3, |
Minimum 3 years in |
|
C4 |
Minimum 3 years in |
|
D, E, F, and G |
Minimum 2 years in |
|
Depending on the area of activity, training classes for safety officers are organised by:
- the House of Training;
- the Chamber of Skilled Trades and Crafts;
- the Institute for Training in the Construction Industry (Institut de formation sectoriel du bâtiment - IFSB).
If the safety officer does not meet the training requirements, the employer must:
- register the person for adequate training (at the business's expenses);
- grant training leave to the person concerned.
Role and responsibility of safety officers
A safety officer must:
- enforce existing legal provisions and regulations with regard to the safety and health of the workforce, including the employees under a fixed-term employment contract or who have been assigned within the framework of a temporary loan of labour;
- act as the employer's representative and define the business strategy in terms of the development of safety and health for its employees;
- oversee the work procedures and resources deployed, the assessment and risk studies as well as the means put in place to prevent accidents;
- carry out regular safety inspections;
- keep the safety inspection register and maintenance books;
- develop, maintain and communicate safety and health plans, as well as warning, alarm, intervention and evacuation procedures;
- prepare, organise and conduct evacuation drills;
- assess the business's or establishment's situation in terms of occupational safety and health;
- maintain good relations with the Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM), the supervisory bodies, the occupational health service where the business is registered, the supervisory bodies for occupational health and safety as well as the emergency services in case of accident and fire.
The employer must keep the safety officer(s) informed about:
- each new employee under a fixed-term employment contract;
- each assigned employee within the framework of a temporary loan of labour;
- each element known or suspected to impact the occupational health and safety within the business/company.
The safety officer is not automatically granted a delegation of power by the employer. The employer may however delegate certain powers to the safety officer(s), namely with regard to:
- the elimination of occupational risks;
- the set up of a risk prevention plan;
- the provision of the means required for the prevention of occupational risks.
Who to contact
Chamber of Skilled Trades and Crafts
-
Chamber of Skilled Trades and Crafts
- Address:
-
2, circuit de la Foire Internationale
L-1016
Luxembourg
Luxembourg
B.P. 1604
- Phone:
- (+352) 42 67 67 1
- Fax:
- (+352) 42 67 87
- Email address:
- contact@cdm.lu
- Website:
- http://www.cdm.lu/
-
Chamber of Skilled Trades and Crafts Companies Exchange
- Address:
-
2, circuit de la Foire Internationale
L-1347
Luxembourg
B.P. 1604, L-1016
- Phone:
- (+352) 42 67 67 1
- Fax:
- (+352) 42 67 87
- Email address:
- bourse-entreprises@cdm.lu
- Website:
- http://www.cdm.lu
-
Chamber of Skilled Trades and Crafts Master Craftsman's Certificate
- Address:
- Luxembourg
- Phone:
- (+352) 42 67 67 540
- Fax:
- (+352) 43 60 67
- Email address:
- brevet@cdm.lu
-
Chamber of Skilled Trades and Crafts Contact Entreprise
- Address:
-
2, circuit de la foire internationale
L-1347
Luxembourg-Kirchberg
B.P. 1604, L-1016
- Email address:
- contact@cdm.lu
- Website:
- http://www.cdm.lu/
-
Chamber of Skilled Trades and Crafts Enterprise Europe Network (EEN)
- Address:
-
2, circuit de la foire internationale
L-1347
Luxembourg-Kirchberg
B.P. 1604, L-1016
- Phone:
- (+352 ) 42 67 67 366
- Fax:
- (+352) 42 67 87
- Email address:
- een@cdm.lu
- Website:
- http://www.enterprise-europe.lu/
-
Chamber of Skilled Trades and Crafts SME packages
- Address:
- 2, circuit de la Foire Internationale L-1347 Luxembourg
- Phone:
- (+352) 42 67 67 305
- Phone:
- (+352) 42 67 67 306
- Phone:
- (+352) 42 67 67 307
- Email address:
- ehandwierk@cdm.lu
- Website:
- http://www.cdm.lu
-
Chamber of Skilled Trades and Crafts eHandwierk services
- Address:
-
2, circuit de la foire internationale
L-1347
Luxembourg-Kirchberg
B.P. 1604, L-1016
- Phone:
- (+352) 42 67 67 505
- Email address:
- ehandwierk@cdm.lu
- Website:
- https://www.cdm.lu/
2 of 7 bodies shown
Institute for Training in the Construction Industry
-
Institute for Training in the Construction Industry
- Address:
- 5, zone d'activités économiques Krakelshaff L-3290 Bettembourg Luxembourg
- Phone:
- (+352) 26 59 56
- Fax:
- (+352) 26 59 07 44
- Website:
- http://www.ifsb.lu
House of Training
-
House of Training
- Address:
-
7, rue Alcide de Gasperi
L-2981 Luxembourg
Luxembourg
B.P. 13, L-2010 Luxembourg
- Phone:
- (+352) 46 50 16 1
- Fax:
- (+352) 46 50 19
- Email address:
- customer@houseoftraining.lu
- Website:
- https://www.houseoftraining.lu
Closed ⋅ Opens Monday at 8.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.00 to 12.00 , 13.15 to 17.15
- Tuesday:
- 8.00 to 12.00 , 13.15 to 17.15
- Wednesday:
- 8.00 to 12.00 , 13.15 to 17.15
- Thursday:
- 8.00 to 12.00 , 13.15 to 17.15
- Friday:
- 8.00 to 12.00 , 13.15 to 17.15
Related procedures and links
Procedures
Links
Further information
sur le site de l'Inspection du travail et des mines (ITM)
Legal references
- Code du travail, Livre III, Titre I, Chapitre I
-
Règlement grand-ducal du 9 juin 2006
- déterminant le nombre suffisant des travailleurs désignés ; - catégorisant les entreprises dans lesquelles l'employeur peut assumer lui-même la fonction de travailleur désigné ; - relatif aux capacités des travailleurs désignés ; - relatif à la formation des travailleurs désignés
-
Arrêté ministériel du 18 juillet 2007
déterminant les programmes des différents cycles de formation pour travailleurs désignés tels que prévus par l'article 7 du règlement grand-ducal du 9 juin 2006 relatif à la formation des travailleurs désignés
- Code du travail, Livre IV, Titre I
- Code du travail, Livre IV, Titre II
-
Loi modifiée du 23 juillet 2015
portant réforme du dialogue social à l'intérieur des entreprises et modifiant le Code du travail et la loi modifiée du 19 décembre 2002 concernant le Registre de Commerce et des Sociétés ainsi que la comptabilité et les comptes annuels des entreprises