Designated worker and the employer

The designated worker is the employer’s assistant for workplace risks prevention.

 

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Definition according to the labor code

 

Article L. 311-2 from the labor code defines the term "designated worker" as:

"Any employee designated by the employer to handle protection and prevention activities concerning occupational risks in the company and/or establishment."

 

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Is there an obligation for every employer to name a designated worker?

 

Yes, every employer is required to appoint a designated worker to assist in preventing and protecting employees from professional risks.

• In companies with less than 50 employees, the employer himself can assume the role, provided they meet the requirements outlined in the Grand Duchy’s Regulation of 9 June 2006 regarding designated workers. This includes:
  • Time,
  • Training,
  • Professional experience,
  • Required qualifications.

 

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When must employers name a designated worker?

 

The obligation to name a designated worker has existed since the partial transposition of Directive 89/391/EEC into national law on 17 June 1994, focusing on the health and safety of employees in the workplace.

 

Employers were granted a transitional period during the publication of the Grand Duchy’s Regulation on 9 June 2006 to train their designated workers.

 

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Training deadlines

 

Article 11.1 of the Grand Duchy’s Regulation of 9 June 2006 granted:

• A 60-month period, starting from the publication of the different cycles of training programs in the Mémorial A – N° 160 on 24 August 2007.

 

This means that, as of 24 August 2012, every company must have at least one trained designated worker (or more, depending on specific cases).