The project owner who, in accordance with the Grand-Ducal Regulation of 27 June 2008, must appoint one or more health and safety coordinators, may:
- either use third parties who, under their own responsibility, perform this function;
- or perform this function itself if it holds the required accreditation, issued by the Minister responsible for Labour. (Article 3)
When the health and safety coordinator is an employee of the project owner bound to it by an employment contract, the coordination duty is the subject of a written document allowing for the individualisation of each operation.
The project owner is exempt from appointing a health and safety coordinator in the event of an emergency deriving from a case of force majeure. The project owner must inform the Inspectorate of Labour and Mines without delay. This notification must include a statement of the reasons for the force majeure. (Article 3)
The appointment of the project health and safety coordinator(s) must precede the phase of preparation of the implementation plans in order to allow the coordinator(s) to provide input on the architectural decisions made by the project owner and the main contractor(s) during the preliminary design phase. (Article 8)
When the project owner appoints one or more work site health and safety coordinator(s) separate from the one appointed for the project preparation phase, this appointment must be made at the latest before the start of the establishment of contacts with businesses (Article 10)
The appointment of project health and safety coordinators and work site health and safety coordinators will be the subject of a contractual agreement between the project owner and the said coordinators. This agreement will specify, in particular:
- the tasks that the coordinators are required to perform in accordance with Articles 9 and 11 of the aforementioned Grand-Ducal Regulation;
- the start and end dates of the duty of the coordinator(s);
- the obligations of the project owner and the main contractor(s).
If the project owner has appointed one or more health and safety coordinators to carry out the duties referred to in Articles 9 and 11 of the aforementioned Grand-Ducal Regulation, this will not relieve the project owner of its responsibilities in this area. (Article 13)