The employer's obligations for workplace safety begin before the first employee enters the premises. The Labor Code requires clear rules for technical safety, hygiene, and signage in the workplace, a risk assessment document for each workplace, and the provision of information and training to employees upon hiring, and periodic medical examinations at the employer's expense when the work presents special risks.
This page shows each obligation, the section it is based on, the document that proves it, and the corresponding fine.
Read also: Workplace Health and Safety: The Complete Guide
The head of the Health Insurance and Protection Code lays it out in six consecutive articles.
| Obligation | Content | Article |
|---|---|---|
| Technical Safety Regulations | Clearly defined to prevent accidents and occupational diseases. | 39, point 1 |
| Hygiene and protective measures | After consulting with employees, against specific risks. | 40, point 1 |
| Signage | Signs clearly visible in every hazardous workplace. | 40, point 1 |
| Medical visits | Periodically, before and during employment, at the employer's expense. | 40, point 2 |
| Prior authorization | Permission from the labor inspector before putting into operation | 41, point 1 |
| Documents in the enterprise | Risk assessment, site plan, list of materials, accident reports | 42 |
| Information and qualification | For workplace risks, from the moment of hiring and whenever conditions change. | 43 |
Each of them has material evidence. Without that evidence, the obligation is considered unfulfilled even when it has in fact been performed.
Article 39 goes beyond prevention and specifies who pays for the damage when something goes wrong.
When an accident or occupational disease is the result of the employer's gross negligence, the employer pays the difference between the damages and the compensation the employee receives from social security. This is point 2 of Article 39.
Point 3 is the most serious. When the employer has not registered the employee for social security, he bears all expenses incurred by the employee as a result of the accident or occupational disease, as well as all damages arising from the failure to register.
Warning: There is no ceiling here and no insurance to cover it. An undeclared employee who suffers an accident shifts the entire cost to the employer, from medical expenses to lost wages. That's why declaring employees before work begins isn't a tax issue, but a safety issue.
Read also: Employee declaration and deadlines
Article 40 divides it into three directions.
The employer ensures the hygiene of the workplace. After consulting with employees, he takes protective measures against specific hazards arising from toxic substances, machinery, the transport of heavy loads, air pollution, noise and vibrations, as well as risks in construction, mining, and the chemical industry. In every workplace with risks to life and health, clearly distinguishable signs are posted.
When the nature of the work presents special risks, the employer arranges, at his own expense, periodic occupational medical visits and additional examinations before hiring and during the employment relationship, in accordance with the advice of the company physician.
Special measures for health insurance and protection are determined by a decision of the Council of Ministers, so each sector has more detailed rules than those in the Code.
Article 41 requires permission from the labor inspector before putting the enterprise or any part of it into operation, before opening the workplace, and for any significant change in working methods, the products used, machines, and equipment.
The procedure has an element that is rarely recognized. If, within 30 days of submitting the documentation, the inspector has not objected in writing and with justification, the employer implements his project.
The protective measures imposed by the inspector shall not entail disproportionate costs in relation to the purpose of the activity.
Article 42 is the most practical of them all, because it names the documents one by one.
The word "always" in the text of the section means that these are not prepared when an inspection is announced. They remain at the enterprise and are presented to the inspector whenever requested.
Read also: Documents required for a workplace inspection
Article 43 divides it into three related obligations.
The employer informs employees about the risks associated with the job and qualifies them to comply with health, safety, and hygiene requirements. This information and training is provided upon hiring and repeated as needed, especially when working conditions change. Employees exposed to risks are informed of the necessity of implementing technical safety and hygiene measures.
For its part, Article 44 requires the employee to implement the prescribed measures and to notify the employer when difficulties arise in doing so. Only qualified persons may operate machinery and transport, mechanical, or electrical equipment.
Sections 45 through 48 set forth the physical requirements. The workplace is adapted to the nature of the tasks; its surface area and volume are sufficient to allow work to be performed safely and without obstructing circulation, and the installation of machinery does not occupy the work areas.
The walls, floors, and ceilings are kept in good and clean condition, with repairs carried out whenever necessary. The employer takes measures against air pollution, chemical substances, radioactivity, noise, and vibrations.
Article 45, paragraph 4, adds an obligation that is often overlooked. As far as possible, the rules for the use of spaces by persons with disabilities are respected.
Read also: Special categories and additional protection
This is the section where security differs from every other chapter of the Code. Most of its articles fall under the most serious category of Article 202.
| Sections | Amount of the fine | Minimum salary: 50,000 LEK |
|---|---|---|
| 39 first paragraph, 40, 41, 43, 44 second paragraph | Up to 50 times the minimum wage | Up to 2,500,000 LEK |
| 42, documents in the enterprise | Up to 30 times the minimum wage | Up to 1,500,000 LEK |
| 44 first paragraph | Up to 20 times the minimum wage | Up to 1,000,000 LEK |
Fines are expressed as a multiple, so they automatically increase whenever the rate increases. Minimum wage. Each violation is punished separately, and when the violation is repeated or affects multiple employees, the total shall not exceed five times the maximum fine.
Read also: Inspectorate Fines and How to Appeal Them
This template has been prepared by AlProfit Consult to demonstrate the application of Article 43. It is the simplest and most requested document in an audit.
Record of Information and Qualification for Workplace Safety
Subject: company name, NUIS
Place of work: unit or ward
Security Officer: Name and Function
For each session, it is recorded.
Date of development
Topic, risks addressed, and protective measures
Base, Article 43 or the relevant secondary legislation
Duration
The name of the person who developed it
For each participant, it is recorded.
Full Name
Job position
Date of employment
Type: initial information or review
Employee's signature
The reason for the repetition
Change in working conditions, new equipment, incident that occurred, or periodic repetition.
Last updated date
Employer's signature
Read also: Internal Regulations and Safety Rules
Yes. Article 42 requires a risk assessment document for every workplace, accompanied by preventive measures, and it is always kept at the company.
The employer, at his own expense, when the nature of the work presents special risks, in accordance with Article 40, paragraph 2.
During hiring and thereafter as needed, especially when working conditions change, in accordance with Article 43, paragraph 2.
At least three years, pursuant to Article 42(a).
Yes. Article 41 also requires permission from the labor inspector for any significant change to machinery, equipment, or working methods.
The employer bears all of the employee's expenses and all damages arising from failure to register, in accordance with Article 39, paragraph 3.
Up to 50 times the monthly minimum wage under Articles 39, 40, 41, and 43, i.e., up to 2,500,000 LEK with a minimum wage of 50,000 LEK.
Yes. Article 44 requires it to implement the measures set forth and to notify the employer when it encounters difficulties in implementing them.
