The designated worker: a true assistant to the employer for workplace health and safety prevention

SSTL, as an external prevention service, is able to support designated workers in fulfilling their obligations. Do not hesitate to contact us for more information.

 

Since the mid-20th century, a global movement for improving working conditions has taken root and expanded over time. The prevention of occupational risks has not only become a legal obligation but also offers economic and social advantages for companies, making it a cornerstone of corporate strategies.

 

Employer obligations

 

First of all, it is important to note that the employer is obliged to take all necessary measures to protect the health and safety of their employees. These measures include information, training, occupational risk prevention, and the implementation of safety systems. As the person in charge, the employer is solely responsible for the safety and well-being of employees under their authority. This responsibility involves an obligation of results, with violations punishable by fines or sanctions.

 

Additionally, implementing effective protective measures is in the employer's best interest since the financial consequences of workplace accidents can be significant. Investing in creating a safe and healthy work environment contributes to employee well-being, reducing absenteeism, turnover, and improving overall productivity.

 

Luxembourg legislation

 

Luxembourg law stipulates that every company must have a designated worker. In businesses with fewer than fifty employees, the employer may take on this role if they meet the legal requirements. For companies with more than fifty employees, the employer must appoint one or more designated workers after consulting with the staff delegation.

 

The role of the designated worker

 

The designated worker assists the employer in preventing and protecting against occupational risks within the company. The number of designated workers required is determined by calculating the minimum time needed for these tasks, based on the number of employees and at-risk positions, according to a set formula provided by legislation. If a company operates multiple sites, each site with more than 200 employees must have its own designated worker.

 

Requirements for the role

 

To carry out their tasks effectively, designated workers must meet specific requirements:

1. Training: Designated workers must meet minimum qualification criteria based on their company’s classification (there are 7 groups, sometimes subdivided, that determine basic training requirements and professional experience). In larger companies, training requirements, work experience, and ongoing education hours increase accordingly. The employer must ensure regular continuing education.

 

2. Capability: Designated workers must have the ability to oversee and organize compliance with workplace safety and health regulations.

 

The designated worker's role is defined by the employer and communicated to all staff in the company. If the in-house skills are insufficient to organize prevention and protection activities, employers must seek external expertise, such as external prevention services or occupational health specialists.

 

Conclusion

 

The designated worker is the employer’s right-hand person for workplace health and safety. They play a key role as a liaison with employees, regulatory bodies, public institutions, external prevention services, and subcontractors. The success of their mission lies in a solid prevention strategy and clearly defined responsibilities across all hierarchical levels within the company. To achieve this, the company must acknowledge the significance of this role and formalize the designated worker’s interactions with all staff.