Health and Safety
What does the law say about health and safety at work?
In general, the law states that employers must maintain a work environment that ensures the health and safety of workers. All establishments and work places must always be kept clean and must maintain standards of hygiene and sanitation. Machinery, mechanisms, transmission apparatus, tools, and equipment should be installed in the best possible arrangement and managed in a way to guarantee the safety of workers.Moreover, employers shall provide safety equipment to employees who work in places that may be dangerous, specifically to protect workers’ hands, feet, head, eyes, ears, and nose.
What is said in collective agreements about health and safety?
Collective agreements echo the same conditions as set by the labor law related to health and safety at the work place. It specifies that the workplace must be kept clean and sanitary. Some collective bargaining agreements further specify that in the event of an occupational accident, the employer must send the injured worker to the hospital immediately. For garment factories, another important clause adds that employer must install fans or ventilation systems to ensure good airing for workers.
What are the specific regulations for women?
The law does not give any specific or special treatment to women in regards to health and safety at the work place in general; however, it does have special provision for women who are pregnant. The law does require that employers provide separate toilets for men and women employees, and the toilets for women employees must be a western-style toilet if the enterprise has more than 100 women employees.
According to the labor law, who can visit and inspect the health and safety in establishments?
The Labor Inspectors and Labor Controllers have the right to visit establishments and inspect the health, working conditions and safety of the establishment.
What does the law say about health service at the workplace?
All enterprises employing at least fifty workers shall have a permanent infirmary on the premises of the establishment, workshop, or work site. This infirmary shall be run by a physician assisted by one or more male or female nurses, based on the number of workers. During working hours, both day and night, there shall always be at least one male or female nurse present. Expense incurred in organizing and operating this infirmary is the responsibility of the employer.
What is the work-related accident?
An accident is considered to be work related, regardless of the cause, if it happens to a worker working or during the working hours, whether or not the worker was at fault. This law applies to regular workers, temporary workers and apprentices. Equally, accident happening to the worker during the direct commute from his/her residence to the work place and home is also considered to be a work-related accident as long as the trip was not interrupted nor a detour made for a personal or non-work-related reason.
Does the employer give the compensation to the victim?
The victim or his/her beneficiaries are entitled to compensation from the employer in the event of work-related accidents inflicting on him and resulting in temporary incapacitation. However, this compensation can be paid on condition that the accident caused incapacitation for longer than 4 days. If the work related accidents lead to a temporary incapacitation of four days or less, the victims is entitled to his/her regular wage. The victim who intentionally causes an accident shall receive no compensation.
Compensation for fatal accidents or for accidents causing permanent disability is paid to the victim or his/her beneficiaries as an annuity. Supplementary compensation is granted to a victim who requires constant care from another person. Compensation shall be paid no later than the fifth days after the accidents.
Beside compensation, what else do the victims of work-related accidents get?
Victims of work-related accidents shall be entitled to medical assistance (benefits in kind, medical treatment and medicine as well as hospitalization) and to all surgical assistance deemed necessary after the accident.
A general insurance system obligatory for work-related accidents was been set up in 2008. This system shall be managed under the insurance of the National Social Security Fund.