Employers must protect the health and safety of their employees in all work-related situations.

They must namely evaluate the risks in the workplace and use the practical guide (guide pratique) to establish an inventory of hazardous jobs.

Owing to the evaluation of risks related to certain positions, the employer may subsequently:

• organise medical supervision;
• establish the necessary procedures for the prevention of occupational risks and accidents at work.

Who is concerned

The inventory of jobs that pose a risk to the employees' health and safety involves:

• the employer and/or their safety officer (also "designated worker" - travailleur désigné), who identifies and evaluates the risk in the workplace;
• the occupational health practitioner who assists the employer during the procedure;
• the safety representative, as well as the employees who are involved in the protection of health and safety of employees (first-aid officers, coordinators, etc.), who must be informed about the level of risk in the workplace.

How to proceed

Understanding the meaning of hazardous job

The employer must consider the following as being hazardous jobs:

• positions exposing employees to a risk of occupational illness;
• positions exposing employees to a specific risk of occupational accident in the workplace;
• positions exposing employees to physical, biological and carcinogenic agents likely to affect their health;
• positions involving an activity likely to put in serious danger the health and safety of other workers or third parties;
• positions involving the control of an installation or machinery which, in case of failure, may put in serious danger the health and safety of other workers or third parties;
• night work.

Déclaration d'inventaire des risques (risk inventory declaration)

When hazardous jobs are identified, the employer must forward this information to the Occupational Health Department every 3 years in the form of an up-to-date inventory of hazardous jobs in the establishment.

To this purpose, the employer or any appointed person (preferably the designated worker) must complete a Risk inventory declaration as "head of inventory". The form is currently only available in French!

1. Saisie par le responsable de l'inventaire

Nom, identification et activité de l'entreprise: this field must contain the name, the registration number and the NACE code of the business.

Siège social de l'entreprise: the head of inventory must indicate the business' registered office address. Adresses of construction sites or annexes of the business do not need to be indicated.

Nombre de salariés de l'entreprise: this field is for the number of staff.
The duration of the employment contracts (permanent, fixed-term or interim) as well as the workers' working hours (full time or part time) can be disregarded.
However, every worker who is part of the staff at the time the declaration is sent must be counted.
Example: an employee on notice must be counted but an employee on full-time parental leave must not be counted.

Service de santé au travail de l'entreprise: every employer must:

• be affiliated with an occupational health service; or
• set up their own internal occupational health service.

Responsable de l'inventaire pour l'entreprise: this field usually contains the name of the designated worker, or failing this, the name of the employer. A head of inventory must be appointed in writing by the employer.

2. Pièces justificatives requises

The head of inventory must add one or more annexes to the declaration, depending on the workplaces concerned.

3. Validation par le responsable de l'inventaire

Before the declaration can be completed, the head of inventory must verify that the declaration is correctly filled in and that all the necessary annexe(s) have been added.

4. Signature du responsable de l'inventaire (signature by the head of inventory)

Electronic signature: if the head of inventory has a LuxTrust card, they can sign the declaration electronically.
The LuxTrust card can be in their name or in the company's name. A LuxTrust card in any other person's name may not be used.

Handwritten signature: in this case, the head of inventory must sign the declaration manually (even if they have no signatory powers in the business).

5. Transmission (electronic or standard mail)

Via LuxTrust: if the head of inventory has signed the declaration electronically, they must send it electronically, i.e. by email to sipori@ms.etat.lu.

By post or fax: if the head of inventory has manually signed the declaration, they may send it by post or fax to the Occupational Health Department together with the annexe(s) which must also be signed manually.

Annexe : inventaire des risques d'un poste de travail (inventory of risks in the workplace)

The annexe must be added to the Risk inventory declaration.

It is necessary to complete one annexe per workplace/position.

The head of inventory must identify the risks which are likely to impact the health and/or safety of employees.

To this purpose, it is necessary to answer the questions in the general questionnaire (page 6 in the practical guide). Depending on the answers provided, the head of inventory will be able to identify the types of risk to cover and also to detect if the business is concerned by the following risks:

• chemical risks;
• risks of inhalation of toxic or allergenic dust;
• carcinogenic agents;
• infectious or parasitic agents;
• physical risks or rheumatic disorders;
• agents or activities that may cause skin disorders;
• specific risks of occupational accidents;
• activities likely to put in serious danger the health and safety of employees or third parties;
• positions involving the control of an installation or machinery which, in case of failure, may put in serious danger the health and safety of other workers or third parties;
• night work;
• various other hazardous workplaces as determined by the occupational health practitioner.

Each of these risks will be detailled on the following pages in the practical guide.

1. Saisie par le responsable de l'inventaire

Dénomination standardisée: this field offers a scroll down menu with more than 400 different professions.

Dénomination autre: the head of inventory can freely complete or adapt the description of the profession which corresponds best to the actual position in the company.

Nombre de salariés concernés: this field is for the number of staff which actually fill the position described.
The duration of the various existing work contracts (permanent, fixed-term, interim) as well as the workers' working hours (full time or part time) are to be disregarded.
However, every worker who is part of the staff at the time the declaration is sent must be counted.
Example: an interim worker must be taken into account but an employee on maternity leave must not.

Réglementation REACH: when a work position falls under the Reach regulation, i.e. when it has to do with chemical substances and/or has a relation to classification, labelling or packaging of chemical substances and preparations, the head of inventory must check the corresponding box.

Explication des codes: there are 2 categories of risk which must be indicated in the form:

• the frequency of risk exposure:
  • code 1: annual exposure;
  • code 2: monthly exposure;
  • code 3: weekly exposure;
  • code 4: daily exposure;
• the risk levels:
  • code 1: if the exposure is insignificant, i.e. there is no intervention needed to eliminate the risk;
  • code 2: if the exposure is acceptable, i.e. the risk level has been reduced to the lowest possible level.
    E.g. work with chemicals, good local aspiration and ventilation;
  • code 3: if the exposure is moderate, i.e. efforts need to be made to reduce the risk but the necessary corrective measures will need to be precisely evaluated and only incur limited costs.
    E.g. work in a permanently noisy and loud environment, handling of heavy goods and repetitive movements, etc.
  • code 4: if the exposure is substantial, i.e. corrective measures to minimize risks are urgent and will require important works.
    E.g. work with large quantities of toxic chemical substances, availability of individual protective measures but collective protective measures are non-existent.
  • code 5: if the exposure is intolerable, i.e. work can not be undertaken or continued until the risk has been lowered.
    E.g. work at a height without individual or collective protective measures, work with large quantities of toxic chemical substances without individual or collective protective measures.

Risques recensés pour les salariés (déclaration obligatoire lorsque les risques sont identifiés): this table must be completed in the event where the risks have been duly identified and listed.
A drop-down menu offers several categories of risk (e.g. skin conditions, infectious agents, physical agents, etc.) which must be selected individually by the head of inventory depending on the category, the frequency and level of risk. With regard to loud workplaces, the head of inventory can add a noise map (if available).

Risques recensés pour les salariés (déclaration facultative lorsque les risques sont évoqués): this table should be completed with the risks that are not on the list of occupational illnesses subject to a mandatory declaration.
E.g. psychosocial disorder, stress, mobbing, burnout.

A drop-down menu offers several categories of risk which must be selected individually by the head of inventory depending on the category, the frequency and level of risk.

Autres risques éventuels: the table needs to be completed if there are any other risks which are specific to the establishment.
E.g. presence of toxic nanoparticles.

2. Validation par le responsable de l'inventaire

Before the annexe is completed, the head of inventory must make sure all data has been entered correctly.

3. Signature du responsable de l'inventaire

Electronic signature: if the head of inventory has a LuxTrust card, they can sign the declaration electronically.
The LuxTrust card can be in their name or in the company's name. A LuxTrust card in any other person's name may not be used.

Handwritten signature: in this case, the head of inventory must sign the declaration manually (even if they have no signatory powers in the business).

Processing the declaration

After the declaration has been processed by the Occupational Health Department, the head of inventory will receive by post a status report concerning their declaration. The report will state that:

• the inventory is declared compliant and the head of inventory receives a certificate of conformity which is valid for 3 years; or
• the inventory is not compliant and the report indicates the elements that must be corrected by the head of inventory as soon as possible.

Forms / Online services

Who to contact