The designated worker is the employer’s assistant in term of risks prevention in the workplace.
The article L. 311-2. from the labor code defined by the designation «designated employee» as : « tout salarié désigné par l’employeur pour s’occuper des activités de protection et des activités de prévention des risques professionnels de l’entreprise et/ou de l’établissement »
Is there an obligation for any employer to name a designated worker whatever is the size of the company ?
Yes, any employer has to name a designated worker to help him in his prevention and protected missions from employee’s professional risks. In companies with less than 50 employees the employer can be himself the designated worker on condition that the criterion fulfill the Grand Duchy’s regulation from the 9th of June 2006 concerning the « designated workers » (time, training, professional experience and prerequisites qualification)
When should the employers have to name a designated worker ?
The designated worker’s nomination is predicted since the partial transposition of the directive 89/391/CEE in law of the 17th of June 1994 concerning the health and security of employees in their workplace.
Obligations in terms of security and health, as the obligation to name a designated worker or that the employer has to be himself the designated worker date from a long time.
It is during the publication of the Grand Duchy’s regulation of the 9th of June 2006 that the employers have at their disposal a period to train the designated worker.
The article11. 1. from the Grand Duchy’s regulation of the 09th of June 2006 gave 60 months from the publication of the different cycle of training program (memorial A –– N° 160 du 24 août 2007) so that any designated worker has followed the training.
Cela veut dire que toute entreprise doit avoir un travailleur désigné (ou des travailleurs désignés selon les cas) formé pour depuis le 24 août 2012.
That means any company must have a trained designated worker (or workers designated depending on the cases) since 24th of August 2012.