OSH system at national level - Luxembourg

Occupational safety and health legislative framework

In the private sector, occupational safety and health are regulated by the law of 17 June 1994 on workers’ safety and health at work ^[1] and by the law of 17 June 1994 on occupational health services ^[2]. These two laws transpose into Luxembourg law Council Framework Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers ^[3]. During the codification of labour regulations in Luxembourg, in 2007, these two laws were introduced into Book III of the Labour Code: The protection, safety and health of workers ^[4], which regulates other matters such as young people’s work, night work and the employment of women who are pregnant, have recently given birth or are breast-feeding. Various Grand-Ducal regulations complement the provisions of the Labour Code. The majority of these transpose into Luxembourg law specific European directives on safety and health. The functioning of the workers’ information and consultation bodies is governed by Book IV of the Labour Code: Staff representation^[5].

In the public sector, workplace safety is organised by the amended law of 19 March 1988 (coordinated text of 5 August 1994)^[6] and by the Grand-Ducal regulation of 13 June 1979 on safety instructions (coordinated text of 3 November 1995)^[7]. This latter transposes into Luxembourg law the European directives on occupational safety and health for the public sector.

In addition to the provisions of the Labour Code and those of the Grand-Ducal regulations, the Inspectorate of Labour and Mines (Inspection du Travail et des Mines, ITM)^[8] issues safety requirements which private-sector employers are required to adhere to. Since 2011, the requirements issued by the Accident Insurance Association (Association d’Assurance Accident, AAA)^[9] no longer have binding status, but retain their value as recommendations.

Main legislative acts:

• Law of 17 June 1994 on workers’ safety and health at work ^[10]
• Law of 17 June 1994 on occupational health services^[11]
• Grand-Ducal regulation of 9 June 2006 determining the sufficient number of designated workers, categorising the companies in which the employer himself may assume the function of designated worker, on the capacities of designated workers, and on the training of designated workers.^[12]
• Grand-Ducal regulation of 27 June 2008 on the minimum requirements for safety and health to be implemented on temporary or mobile construction sites.^[13]
• Grand-Ducal regulation of 9 June 2006 on the appropriate training for safety and health coordination activities on temporary or mobile construction sites.^[14]
• Amended law of 19 March 1988 on safety in the public sector (coordinated text of 5 August 1994)^[15]
• Amended Grand-Ducal regulation of 13 June 1979 on safety instructions in the public sector (coordinated text of 3 November 1995)^[16]

National strategy and programmes

Luxembourg has not developed a national strategy or programme as such. However, in 2008, in partnership with Belgium and the Netherlands, Luxembourg signed the Benelux charter on safety and health 2008-2012, in which the countries concerned undertake to maintain good working conditions based on the following principles:

• Subscribe to the main objective of the Community strategy 2007-2012 on safety and health at work, i.e. reduce the overall rate of accidents at work;
• Invite the social partners to assume responsibility for making safety and health at work a reality;
• Encourage companies to minimise the risks to their personnel’s safety and health;
• Regard safety and health as performance parameters in the same way as the parameters of cost, quality, productivity, the environment, social responsibility and customer service;
• Regard risk assessment as a key element of prevention policy;
• Take the view that the goal of excellence will only be achieved with the involvement of all the actors concerned;
• The pursuit of the goals in the strategic note requires attention to the need to reduce the administrative workload.

Social dialogue

Luxembourg is distinguished by its tripartite (government, employers and employees) institutionalised system of social dialogue.

The two most emblematic social dialogue bodies in Luxembourg are the Tripartite Coordination Committee (Comité de Coordination Tripartite) ^[17] and the Economic and Social Council (Conseil Economique et Social, CES ^[18].

According to a report published by Eurofound ^[19], the Luxembourg social dialogue model has the advantage of securing peaceful labour relations within the country because it has the capacity to react very quickly and to rapidly mobilise the actors when a problem arises. But this advantage shows also a weakness namely that this highly reactive and informal method (the country is small and leaders know each other and meet regularly) lacks transparency and clarity – basically, it is difficult to see and understand how decisions are made. The functioning of the Tripartite Coordination Committee illustrates this point: the law defines who sits on the committee, but not how decisions are made there.

Although safety and health at work are not excluded from discussion in these two bodies (for example, the CES ^[20] has considered the topic of psychosocial risks at work), their role in this area is limited. Another tripartite body, the Standing Committee on Labour and Employment (Comité Permanent du Travail et de l’Emploi)^[21], has specific competences relating to the issue of working conditions.

The legislators have also established five professional chambers (three for the employers and two for the employees): the Chamber of Salaried Workers (Chambre des Salariés)^[22], the Chamber of Civil Servants and Public-Sector Workers (Chambre des fonctionnaires et des employés publics)^[23], the Chamber of Agriculture (Chambre d’Agriculture) ^[24], the Chamber of Commerce (Chambre de Commerce) ^[25], and the Chamber of Trades (Chambre des Métiers)^[26]. These play a specific role, in particular in the development of the legislative framework in Luxembourg: the professional chambers have an established advisory role on drafts and proposals for regulatory texts. Membership of the professional chambers is compulsory for both employers and workers, unlike representation by the trade unions and employers’ associations, which is voluntary.

Social dialogue at national level

Two consultative bodies play a key role in the social dialogue on OSH related aspects.

1. The Standing Committee on Labour and Employment (Comité Permanent du Travail et de l’Emploi) ^[27] has been established under the supervision of the minister responsible for labour. The committee is responsible for the regular examination of the situation with regard to employment and unemployment, and with regard to working conditions and workers’ safety and health. It consists of four government representatives, four representatives of the organisations representing the workers and four representatives of the organisations representing the employers.

The committee’s role is to oversee the situation and developments in it, and in particular the application of the legislation on the protection of workers’ safety and health, labour law, and relations between the Inspectorate of Labour and Mines (Inspection du Travail et des Mines, ITM) ^[28] and the employers and workers. The committee also collaborates on the development of the provisions for the protection of workers’ physical and mental health, on the development of an information and skills network for employers and workers, and on the stimulation of social dialogue between the employer and the workers’ representatives within companies. The committee also has the competence to make recommendations to the relevant ministers on the adjustment of the action and functioning of the administrative bodies for which they are responsible, including the Inspectorate of Labour and Mines (Labour Code, Book VI, Title V) ^[29]

1. 1. The Higher Council on Health and Safety at Work (Conseil supérieur de la santé et de la sécurité au travail) ^[30] exercises a consultative role towards the ministers for health, labour and social security. The opinions it issues relate in particular to the action priorities with regard to workers’ health in line with the specific needs of different sectors of the economy and the specific characteristics of workstations (frequency of medical checkups for workers, sector-specific training in health and hygiene at work, list of standards on exposure to nuisances, etc.).

The main social partners are:

The Union of Luxembourg Companies (Union des Entreprises Luxembourgeoises, UEL)^[31] is the umbrella organisation for Luxembourg’s employers. It represents all private-sector companies with the exception of those in the primary sector.

Three organisations representing the workers have national representativeness in Luxembourg:

• the Confederation of Christian Trade Unions of Luxembourg (Lëtzebuerger Chrëschtleche Gewerkschafts-Bond, LCGB)^[32],
• the Independent Trade Union Confederation of Luxembourg (Onofhängege Gewerkschaftsbond Lëtzebuerg, OGBL)^[33],
• the General Confederation of the Public Sector (Confédération Générale de la Fonction Publique, CGFP)^[34].

Social dialogue at sectoral level

Agreements are made in major sectors of Luxembourg’s economy, such as the construction sector or the banking sector. Some of these collective agreements are made mandatory by Grand-Ducal regulation for all companies in the sector concerned, and are published on the website of the Inspectorate of Labour and Mines (Inspection du Travail et des Mines, ITM)^[35]. However, the sectoral level is not the main level of collective bargaining. Most collective labour agreements are negotiated at company level.

Social dialogue at enterprise level

In Luxembourg, there is no specific consultation body on issues of occupational safety and health. These subjects, like others of more general relevance to the functioning of the company, fall within the competence of the personnel delegation in companies with at least 15 workers^[36]. However, the regulations on the representation of workers stipulate that a safety and health delegate whose powers are specified by the Labour Code^[37] should be appointed by the personnel delegation.

The personnel delegation

The establishment, functioning and competences of the personnel delegation are governed by the law of 23rd July 2015 establishing personnel delegations. The provisions of the law are integrated into the Labour Code in Articles L.421-1 and following^[38]

Companies regularly employing 15 or more workers over at least 12 months must establish a personnel delegation. The personnel delegation members are elected in social elections organised in companies every five years.

The personnel delegation of companies employing 150 workers at least the first day of the month the electoral procedure starts, has decision-making powers in certain areas, while in others it functions as an information and consultation body. With regard to issues relating to the introduction or modification of measures concerning workers’ health and safety, the personnel delegation has decision-making powers.

The personnel delegation of companies employing less than 150 workers functions mainly as an information and consultation body.

The safety and health delegate

The safety and health delegate is appointed by the personnel delegation, either from the members of the delegation or from other workers in the establishment. The delegate is concerned exclusively with aspects of safety and health in the workplace. To this end, he/she has the right to intercede with the employer and ask the employer to take preventive measures aimed at eliminating sources of danger and limiting the risks to workers. The powers, roles and rights of the safety and health delegate primarily derive from Article L.414-14 of the Labour Code, but also from the other provisions concerning workers’ safety and health at work (Articles L.311-1 and following of the Labour Code)^[39].

The safety and health delegate has the roles of:

• checking safety conditions in the company by means of tours of inspection accompanied by the employer or his representative;
• recording his/her findings regarding safety conditions in a register.

The safety and health delegate must be informed and consulted by the employer with regard to:

• the assessment of occupational safety and health risks;
• the protective measures to be taken and, if necessary, the safety equipment to be used;
• work accident and occupational disease declarations;
• any action that may have a significant impact on safety and health;
• the appointment of the designated workers to be in charge of activities for protection against and the prevention of occupational risks in the company and/or establishment;
• the measures taken or required with regard to first aid, fire prevention and the evacuation of the workers;
• the measures intended to organise the necessary relations with external services (first aid, emergency medical assistance, fire service);
• the company’s use of external competences to organise protection and prevention activities;
• the provision of appropriate training to each worker in the interests of his/her health and safety;
• the assessment of the risks that the company's activities may have for the environment, provided that the health or working conditions of workers are concerned;
• the measures taken to protect the environment, provided that the health or working conditions of workers are concerned.

OSH infrastructure

OSH infrastructure scheme

National competent bodies

OSH authorities and Inspection services

Occupational safety and health fall within the competence of the Ministry of Labour and Employment^[40] and the Ministry of Health^[41]. The Ministry of Labour is in charge of the execution of the national policy on employment and labour, and coordinates actions relating to labour law and working conditions as well as industrial relations. The Occupational Health Division of the Ministry of Health^[42] is in charge of organising, coordinating and overseeing the functioning of the occupational health services. It is also an appeal body for employers and workers in cases where the opinion of an occupational doctor is disputed. The Inspectorate of Labour and Mines (Inspection du Travail et des Mines, ITM)^[43] has the task of inspecting labour relations, working conditions and workers’ occupational health and safety in the private sector. The ITM is in charge in particular of ensuring that the provisions of the law and of agreements regard working conditions are applied, and of providing information and technical advice to employers and workers regarding the most effective means of adhering to the legal provisions.

The ITM is also responsible for preventing and settling any labour disputes that do not fall within the competence of the National Conciliation Office (Office national de Conciliation)^[44].

In terms of its structure, the ITM has a functional organizational chart since April 2015. At the operational level, the management is supported by various departments: Training and General Services (Formations et Services Généraux), Help Call Center Establishments submitted to authorizations (Etablissements soumis à Autorisations), Accidents, Investigations and Counseling (Accidents, Enquêtes et Conseils), Inspections, investigations and controls (Inspections, Enquêtes et Contrôles ) and International affairs.

The Help Call Center acts as a competence center in terms of labour law and safety and health at work, including the duration of the working hours (overtime, Sunday and plans of work organization), collective agreements, labour elections, social elections, etc. at the level of the Jurisprudence, FAQs, and as training center for trainee inspectors. Since March 2015, the Help Call Center has been strengthened by staff responsible for the reception of ITM clients at the regional desks located in Diekirch, Esch-sur-Alzette, Wiltz (since April 2016) and Strassen, in order to allow the receipt of complaints and the communication of information to employees and employers and thus to guarantee the proximity to the latter by releasing the labour inspectors, whose most crucial priority must be to exercise the field surveillance.

OSH services

At the company level

Occupational health and safety services

The employer is required to designate one or more workers to take charge of activities for protection against and the prevention of occupational risks in the company or establishment (designated workers)^[45].

If there is insufficient capacity in the company or establishment to organise the OSH activities, the employer must make use of competences (individuals or services) outside the company or establishment.

In companies with fewer than 50 workers, the employer himself may assume the function of designated worker if he satisfies the regulatory provisions regarding available time, appropriate training, professional experience and prior qualifications required.

The designated worker must have qualifications and experience that are suited to the category to which the company belongs. The regulations [Art. 7] define 7 categories of company (A, B, C, D, E, F, G) as well as sub-categories in companies of type C, D, E, F and G. The categories are determined by the number of workers employed. For company categories E, F and G, an activity sector criterion is added [Table 1] .

As a function of this classification, the legislation [Art. 4] determines the knowledge, competences and minimum working time that the designated worker needs in order to complete his/her tasks, i.e.:

• undertaking and organising the general oversight of compliance with the legal provisions with regard to workers’ safety and health,
• defining a health and safety strategy for the company,
• assessing accident risks and preventive measures,
• monitoring implemented working methods and resources,
• managing the safety registers and maintaining the maintenance logs,
• devising, updating and communicating the safety, alert, alarm, intervention and evacuation plans,
• organising evacuation exercises, maintaining relations with the Inspectorate of Labour and Mines, the occupational health service, etc.

Occupational health services

All employers regularly employing more than 5,000 employees are required to organise an OSH service within the company. This requirement is extended to any employer regularly employing more than 3,000 employees, at least 100 of whom are in at risk posts as defined by the Labour Code^[46].

Employers that do not cover this criterion have three possibilities open to them:

• they may voluntarily organise an OSH service within the company,
• they may join an association of companies organising an intercompany OSH service for all members of the association,
• they may join a national OSH service.

The OSH services are in charge of:

• identifying health risks in the workplace;
• helping avoid these risks, in particular by combating them at source;
• assessing the risks that cannot be avoided;
• monitoring factors in the working environment that are likely to affect workers’ health;
• giving advice on workstation planning, in particular with regard to workplace layout and choice of work equipment, and the use of substances or chemical preparations that pose a danger to employees’ health;
• promoting the adaptation of work to individuals (workstation design, choice of work and production methods, etc.), in particular with a view to relieving monotonous work and machine-paced work and reducing its effects on the health;
• monitoring workers’ health in the light of the work they do, and to this end performing the medical examinations stipulated by the regulations;
• giving advice to employer and employee about hygiene, ergonomics, health education and vocational rehabilitation;
• cooperating with the joint committee or, in its absence, the personnel delegation;
• organising first aid.

The role of the health services is essentially preventive in nature. Every service must have at least one occupational doctor who is employed full-time.

An occupational health service may simultaneously take on the roles of the occupational health and safety service provided it meets the requirements in terms of knowledge, competence and available time.Occupational (external) OSH services

If a company does not create its own health service^[47], it is required to join an intercompany health service or the Multisectoral Health Service (Service de Santé Multisectoriel)^[48].

As well as the Multisectoral Health Service, which is a public institution supervised by the Minister of Health, there are two other important health services: firstly the Industrial Occupational Health Service (Service de Santé de l’Industrie)^[49], for companies belonging to the Business Federation Luxembourg (FEDIL)^[50] and to the Federation of Luxembourg Building and Civil Engineering Enterprises (Fédération des Entreprises Luxembourgeoises de la Construction et du Génie Civil), and secondly the Association for Occupational Health in the Financial Sector (Association pour la Santé au Travail du Secteur Financier)^[51].

The roles of the ‘external’ health services are the same as those assigned to internal health services within companies, i.e. advising or assisting the employer in its measures with regard to health, ergonomics, hygiene and safety at work. In particular, the service is required to:
*arrange medical examinations when employees are recruited;

• arrange periodical medical examinations;
• assist the employer in compiling the survey of at-risk positions;
• train the workers and their representatives in safety;
• organise first aid.

Compensation and insurance bodies

Accident Insurance Association

The Accident Insurance Association (Association d’Assurance Accident, AAA)^[52] is a public institution responsible for the prevention and payment of compensation for work accidents and occupational diseases.

The organisation is overseen by the Ministry of Social Security^[53] and is run by a management committee consisting of an official appointed by the government to chair the committee, eight employers’ delegates and eight employees’ delegates.

The AAA provides insurance and pays compensation in the event of accident or illness for workers in both the private and public sector.

The organisation has a Prevention Service and a Payment Service (compensation). The reform of accident insurance^[54], in 2010, put an end to the compulsory prevention regulations introduced specifically by the organisation in addition to the legislation on safety and health; these regulations were replaced by recommendations.

The role of the AAA’s prevention service is to:

• analyse the causes of work-related accidents and illnesses;
• monitor the legal and regulatory requirements with regard to OSH;
• devise prevention recommendations;
• inform, advise and raise the awareness of employers,
• propose financial incentives to employers (no claims bonus system, financial support for the management of occupational health and safety in companies).

Other OSH bodies

Prevention Institutes

There is no institute as such whose activities are exclusively dedicated to prevention in the field of occupational health and safety. The development of information campaigns, educational materials or prevention tools is initiated by various actors (competent bodies, the social partners) on an isolated or a joint basis depending on the circumstances.

Professional associations

The Luxembourg Association of Safety and Health Coordinators
The goal of the Luxembourg Association of Safety and Health Coordinators (Association des Coordinateurs Sécurité et Santé Luxembourg, ACSSL)^[55] is to:

• bring together safety and health coordinators in an association;
• define the profession’s ethical and professional rules;
• form study groups of relevance to the profession;
• represent and defend the interests of the profession in the Grand Duchy of Luxembourg and abroad;
• collaborate with or join any companies, associations or institutions in Luxembourg or abroad with similar, complementary or related goals;
• offer its good offices to settle disputes and other controversial issues that are submitted to it;
• perform any activities directly or indirectly related to its goal and tending to further its attainment.

The Luxembourg Association of Designated Workers

The main goal of the Luxembourg Association of Designated Workers (Association des Travailleurs Désignés Luxembourg, ATDL)^[56] is the exchanging of experience between members. The Association also gives its members help when they need it. The ATDL makes proposals to the authorities regarding adjustments to the function of the designated worker in order to help legislators compile future laws and Grand-Ducal regulations regarding the function of designated workers.

Education, training and awareness raising

Legally required training for OSH specialists

Training of designated workers

The Grand-Ducal regulation of 9 June 2006 ^[57] determines the capabilities and training of designated workers according to company categories. The ministerial decree of 18 July 2007 ^[58] determines the curricula of training programmes for designated workers as stipulated by Art. 7 of this Grand-Ducal regulation.

Regardless of the category of company, the training of designated workers consists of a core training, a specific training in the light of the risks present in the company, and additional training, to be taken within a period of five years. The length of the training is adapted to the size and risk level of the company.

Table 1: Length of the training and type of certification

Source: Adopted from^[59]

All training courses cover the basic concepts (the role of the designated worker, safety and health legislation, the fundamentals of occupational health, work accidents and occupational diseases) and the learning of methods for the analysis and assessment of risks and the operational management of safety and health. The specific modules relate to particular risks such as electricity, working at a height, factors in the physical atmosphere, chemical and biological risks, ergonomics, etc.

The training of safety and health coordinators

The ministerial decree of 23 July 2018 determining the curricula of training programmes for safety and health coordinators^[60] as stipulated by Article 2 of the Grand-Ducal regulation of 9 June 2006 on appropriate training in the light of safety and health coordination activities on temporary or mobile construction sites^[61] specifies the subjects to be taught on courses and the number of hours to be spent on each one.

There are three levels of training for safety and health coordinators depending on the type of construction site (A, B or C).

Table 2: Training level and length

Source: Adopted from^[62]

The training cycles stipulated by the Grand-Ducal regulation of 9 June 2006^[63] must include at least the following three sections:

• Luxembourg legislation applicable to occupational safety and health in general, and to temporary or mobile construction sites in particular;
• general aspects of occupational safety and health;
• safety and health on temporary or mobile construction sites (Art. 2.2).

Applicants for positions as safety and health coordinators must also obtain an approval, issued by the Minister of Labour on the mandatory advice of the Advisory Committee on training and approval of safety and health coordinators on temporary or mobile construction sites.

Other vocational training

In addition to the training prescribed by regulation, training operators in Luxembourg offer individuals and companies training in occupational health and safety issues. In particular, both the occupational health services and the professional chambers have developed training covering various prevention fields such as ergonomics, the prevention of psychosocial risks, etc.

An Internet portal exists which is dedicated to continuing training in Luxembourg^[64].

Awareness raising networks

The Occupational Safety and Health Forum^[65] is an initiative of the Union of Luxembourg Companies (Union des Entreprises Luxembourgeoises, UEL)^[66] in collaboration with the Accident Insurance Association (Association d’Assurance Accident, AAA)^[67] among other bodies. It is a platform that is provided to companies wishing to share their experiences in the prevention of work accidents and occupational diseases and to find out about new prevention practices. Every year, the platform’s partners organise a series of lectures and award every two years a prevention prize to deserving companies.

The Inspectorate of Labour and Mines (Inspection du Travail et des Mines, ITM)^[68] is the Luxembourg focal point of the European Agency for Safety and Health at Work. As such, the ITM supports the Agency’s European campaigns in the territory of Luxembourg.

Specialized technical, medical and scientific institutions

Research institutes

There is no research institute specialising in occupational safety and health issues in Luxembourg. However, LISER (formerly CEPS/Instead^[69] is a public institution overseen by the Ministry of Culture, Higher Education and Research^[70] which is active in the field of research in the economic and social sciences. One of its fields of activity covers the subjects of labour relations and employment in the broad sense as well as the issues associated with the labour market.

Standardization bodies

The Luxembourg Institute for the Standardisation, Accreditation, Safety and Quality of Products and Services (Institut Luxembourgeois de la Normalisation et de l’Accréditation, de la Sécurité et Qualité des Produits et Services, ILNAS)^[71] is an administrative body under the supervision of the Minister responsible for the economy. It was created on the basis of the law of 20 May 2008^[72] and commenced its activities on 1 June 2008.

ILNAS fulfils the following roles among others:

• Standardisation,
• The accreditation of conformity assessment bodies,
• The monitoring of general product safety,
• The promotion of quality management.

Institutions and organisations

Source: Overview by the author