Each delegation names a safety representative from their members or other employees. This representative is responsible for monitoring and controlling the workplace. (Art. L. 414-2 of the Labour Code)
Responsibilities of the Safety Representative
The safety representative records the result of his/her findings, countersigned by the head of department, in a special register that will be kept in the office of the establishment, where the delegation members, as well as the inspection and supervisory staff of the ITM can view it.
The safety representative, along with the head of the establishment or his/her representative, can perform an inspection tour every week.
For construction sites or other temporary work sites, or establishments with fewer than one hundred and fifty employees, inspection tours can only be performed with the prior consent of the head of the establishment, or his/her representative.
The head of the division that is being inspected during the tour and the head of the maintenance department will both attend the inspection tour.
IMPORTANT: Administrative departments can only have a maximum of two inspection tours per year.
The safety representative cannot suffer a loss of pay for absences from work resulting from inspection tours or assistance granted to the inspection and supervisory staff of the ITM
Full and alternate members of the different staff delegations, the equality representative and the safety representative cannot be dismissed during their mandate. (Art. L. 415-11 of the Labour Code)
Consultation and Information of the Safety Representative
The employer shall consult and inform the safety representative about:
- the evaluation of health and safety risks in the workplace
- the protective measures required and the protection equipment to use
- declarations to be made to the Inspectorate of Labour and Mines pursuant to Article L. 614-11 of the Labour Code (Accidents in the workplace),
- any action that may have substantial effects on health and safety
- the appointment of safety officers
- measures taken in terms of first aid, fire-fighting, and evacuation of employees,
- measures to establish the necessary relations with external services, in particular in terms of first aid, urgent medical assistance, rescue and fire-fighting,
- the use of external competencies outside the company to organise protection and prevention activities
The safety representatives have the right to ask the employer to take appropriate measures and make suggestions to this effect, in order to mitigate any risks to the employees, or eliminate a source of danger.
Safety Representative and Safety Officer
The Safety Officer is the direct partner of the Safety Representative on the employer side.
The Safety Representative and the Safety Officer are preferably different people.
The Safety Officer must inform the Safety Representative of the risk evaluation and protection measures.
The Safety Officer must consult the Safety representative for all matters that may have substantial effects on health and safety, on accidents at work that occurred in the company and on the design and organisation of safety training for employees.
Training
The Safety Representative has the right to an appropriate training programme that cannot be at the expense of the employee or his/her representatives.
Training programmes include: basic training and specific courses adapted to the specific requirements of the various sectors and economic activity.
Basic training cannot exceed a duration of 8 hours, and includes the following topics:
- introduction to the legal framework of health and safety in the workplace
- ergonomics
- a practical approach to the study of risks and risk prevention,
- organisational principles for health and safety in the workplace
- evaluation of the occupational safety and health situation in a company and/or establishment.
Safety representatives are authorised to take part in one basic and one specific training course. Furthermore, every five years, the safety representative is entitled to a knowledge refresher course.
In cooperation with the Inspectorate of Labour and Mines, the Chambre of Employees and the Luxembourg Life Long Learning Center have created training courses for Safety Representatives.