The Designated Worker (Almost) 20 Years Later!

As the Grand-Ducal Regulation of June 9, 2006, determining the sufficient number of designated workers and their training approaches its twentieth anniversary, it is timely to recall its main obligations. This regulation is a central element of Luxembourg’s occupational health and safety prevention framework.

 

Objective of the Regulation The regulation was introduced to ensure the presence of one or more designated workers in every company, tasked with handling occupational risk prevention. Their role is to assist the employer in implementing measures that guarantee a safe and healthy work environment for employees.

 

Employer Obligations The regulation imposes several key obligations on employers, including: • Designation of designated workers: The employer must appoint one or more designated workers based on the company's size and specific activity-related risks. • Mandatory training: Designated workers must undergo appropriate training to perform their duties effectively. • Resources and support: The employer must ensure that these workers have the necessary time and resources to carry out their tasks. • Collaboration with institutions: Companies must cooperate with the Labour and Mines Inspectorate (ITM) and other prevention bodies.

 

Roles of Designated Workers

 

Designated workers have several key responsibilities within the company, defined by the employer: • Identify and assess occupational risks. • Propose preventive measures and improvements to working conditions. • Ensure the implementation of safety and prevention plans. • Raise awareness and inform employees about best practices in workplace health and safety.

 

Assessment and Future Outlook

 

Since 2011, we have been supporting our clients in their compliance efforts and have observed a growing awareness on their part. The concept of the Designated Worker is now well understood, unlike in 2011 when many companies, particularly in the service sector, were still unaware of its implications. For example, this sector now takes psychosocial risks very seriously, which have also been subject to new employer obligations since 2023.

 

Using External Expertise

 

Calling on external experts can facilitate the understanding of legal aspects and the resulting obligations, enabling better implementation of prevention measures.