Within the scope of their responsibilities, Article L. 312-3 of the Labor Code requires employers, regardless of the number of employees and the company's activity, to appoint one or more employees meeting the criteria defined in Article 5 of the Grand Ducal Regulation of June 9, 2006, concerning designated employees responsible for protection and prevention activities related to occupational risks in the company, hereinafter referred to as designated employees.
For companies with fewer than 50 employees, the employer may assume the role of the designated employee, provided they meet the conditions set forth in Article 3 of the Grand Ducal Regulation of June 9, 2006.
If the company's internal competencies are insufficient to organize these protection and prevention activities related to occupational risks, the employer must seek assistance from external professionals (Article L. 312-3 (3) of the Labor Code).
The safety and health delegate, or in their absence, the employees, must be consulted beforehand and in due time by the employer regarding the appointment of one or more designated employees or, alternatively, the engagement of external professionals to handle protection and prevention activities (Article L. 312-7 (2) of the Labor Code).