PART SEVEN OCCUPATIONAL SAFETY AND HEALTH AND WORKING ENVIRONMENT
CHAPTER ONE PREVENTIVE MEASURES
92. Obligations of an Employer
An employer shall take the necessary measure to safe
guard adequately the health and safety of workers; it shall in particular:
1/ Comply with the occupational health and safety
requirements provided for in this Proclamation.
2/ Take appropriate steps to ensure that workers are
properly instructed and notified concerning the hazards of their respective
occupations; and assign safety officer; and establish an occupational health
and safety committee.
3/ Provide workers with protective equipment, clothing
and other materials and instruct them of their use.
4/ Register employment accidents and occupational
diseases and report same to the labour inspection service.
5/ Arrange, according to the nature of the work, at his
own expense for the medical examination of newly employed workers and for those
workers engaged in hazardous work, as may be necessary with the exception of
HIV/AIDS Unless and otherwise the country has obligation of international
treaty to do so.
6/ Ensure that the work place and premises of the
undertaking do not pose threats to the health and safety of workers.
7/ Take appropriate precautions to ensure that all the
processes of work in the undertaking shall not be a source or cause of
physical, chemical, biological, ergonomic and psychological hazards to the
health and safety of the workers.
8/ implement the instructions given by the Competent
Authority in accordance with this Proclamation;
93. Obligations of Worker
Any worker shall:
1/ Co-operate in the formulation of work rules to
safeguard the workers’ health and safety, and implement same;
2/ Inform forthwith to the employer any defect related
to the appliances used and incidents of injury to health and safety of workers
that he is aware of in the undertaking;
3/ Report to the employer any situation which he may
have reason to believe could present a hazard and which he cannot prevent on
his own, and any incident of injury to health which arises in the course of or
in connection with work;
4/Make proper use of all safety devices and other
appliances furnished for the protection of his health and safety or for the
protection of the health and safety of others;
5/ Observe all health and safety instructions issued by
the employer or by the Competent Authority.
94. Prohibited Acts
Now worker shall:
1/Interfere with, remove, displace, damage or destroy
any safety devices or other appliances furnished for his protection or the
protection of others; or
2/ Obstruct any method or process adopted with a view to
minimizing occupational hazard.
CHAPTER TWO OCCUPATIONAL INJURIES
SECTION ONE LIABILITY
95. General
1/For the purpose of this Proclamation, “occupational
injury” means an employment accident or occupational disease.
2/ Subject to the provisions of the relevant pension
law, the provisions of this Chapter shall apply where an employment injury is
sustained by a worker during or in connection with the performance of his work.
96. Liability Irrespective of Fault
1/ The employer shall be liable, irrespective of fault,
for employment injuries sustained b y his wo r k e r a n d s u c h l i a b i l
i t y sha ll b e d e t e r m i n e d in accordance with, the provisions of this
Chapter.
2/ The employer shall not be liable for any injury
intentionally caused by the worker upon himself. In particular, any injury
resulting from the following acts shall be deemed to be intentionally caused by
the worker:
a) Non-observance of express safety instructions given
by the employer or the provisions of accident prevention rules; or
b) Reporting to work in a state of intoxication caused
by taking alcoholic beverage or drug that prevents him from properly regulating
his body or understanding.
3/The provisions of Sub-Article (1) of this Article
shall not affect the right of a worker to claim damages in accordance with the
relevant law where an occupational injury is a result of fault on the part of
the employer.
97. Occupational Accident
For the purpose of this Proclamation “occupational
accident” means any organic injury or functional disorder sustained by a worker
as a result of any cause extraneous to the
injured worker or any effort he makes during or in
connection with the performance of his work sand includes:
1/ Any injury sustained by a worker while carrying out
his employer's order, even away from the work place or outside his normal hours
of work;
2/ Any injury sustained by a worker before or after his
work or during any interruption of work provided that he is present in the workplace
or the premises of the undertaking by reason of his duties;
3/ Any injury sustained by a worker while he is
travelling to or from a place of work in a transport service provided by the
under taking which is available for the common use of its workers or in a
vehicle hired and expressly destined by the under taking for the same purpose;
4/ Any injury sustained by a worker as a result of an
action of the employer or a third party during the performance of his work.
98. Occupational Disease
1/ For the purpose of this Proclamation an “occupational
disease” means any disorder:
a) The type of work performed by the worker; or
b) pathological condition whether caused by physical,
chemical or biological agents which arise as consequence of the surroundings in
which the worker is obliged to work during a certain period prior to the date
when the diseases become evident.
2/ Occupational disease shall not include endemic or
epidemic diseases which are prevalent and being contracted in the area where
the work is done, except in the case of workers exclusively engaged in
combating such diseases by reason of their occupation.
3/The Ministry shall, in consultation with the concerned
authority, issue directives which contain schedules listing diseases to be of
occupational origin. The said schedule shall be revised at least every five
years.
4/ The occurrence of any of the diseases listed in the
relevant schedule to any worker having been engaged in anyone of the
corresponding types of work specified therein, shall by itself, constitute
sufficient proof of the occupational nature of the disease.
5/ Notwithstanding Sub-Article (4) of this Article, any
proof shall be admitted to establish the occupational origin of a disease not
listed in the relevant schedule and of diseases listed when they manifest
themselves under conditions different from those establishing a presumption of
their occupational nature.
6/ In the absence of proof to the contrary, any disease
which occurs frequently only to persons employed in certain occupations shall
be presumed to be of an occupational origin where the worker suffering from
such a disease was engaged in such occupation and the existence of the disease
is ascertained by a medical practitioner.
7/The date on which an occupational disease became
evident, which is. the first date on which the worker became incapacitated or
the date of the first medical diagnosis of the disease or the date of the
injured worker’s death, shall be considered as the date on which an
occupational disease contracted.
8/Where a worker after being cured from an occupational
disease listed in the relevant schedule, re-contracts the disease as a result
of his being engaged in anyone of the corresponding work specified in the said
list, it shall be presumed that he has contracted afresh occupational disease.
SECTION TWO DEGREE OF DISABLEMENT
99. General
1/ "Occupational disablement" means any
employment injury as a consequence of which there is a decrease or loss of
capacity to work.
2/ Disablement shall have the following effects:
a) Temporary disablement;
b) Permanent partial disablement;
c) permanent total disablement; and
d) Death.
100. Temporary Disablement
Temporary disablement results from the reduction, for a
limited period of time, of the worker's capacity for work partially or totally.
101. Permanent Partial or Total Disablement
1/ “Permanent partialdisablement” means incurable e mp l
o y me n t injury decreasing the injured worker's capacity.
2/ “Permanent total disablement” means incurable
employment injury which prevents the injured worker from engaging in any kind
of gainful work.
3/ Injuries which, although not resulting in incapacity
for work, cause serious mutilation or disfigurement of the injured person shall,
for the purpose of compensation and other benefits, be considered as permanent
partial disablement.
102. Assessment of Disablement
1/ The degree of permanent total or partial disablement
shall be fixed in accordance with the assessment table of disablement
prescribed by directives issued by the Ministry.
2/ The degree of disablement shall be assessed by a
medical board in accordance with the assessment table provided for in Sub
Article (1) of this Article. The Board shall, as far as it is possible, determine
the extent of the degree of disablement within twelve months from the date of
injury.
3/Assessment of disablement may be reviewed in
accordance with Sub- Articles (1) and (2) of this Article where the worker's
condition deteriorates or improves or is wrongly diagnosed:
a) On the initiation of the relevant authority; or
b) Up on the request of the concerned worker or employer
the issue may be revised pursuant to Sub-Articles (1) and (2) of this Article.
4/ Where the result of the review so warrants, the
rights of the worker to a disablement benefit shall be recognized or withdrawn
or that the rate payable shall be increased or reduced, as the case may be.
5/ Where a worker who has suffered an employment injury
sustains additional employment injury, his disablement shall be reassessed in
light of his new circumstances.
CHAPTER THREE
BENEFITS IN THE CASE OF EMPLOYMENT INJURIES
SECTION ONE GENERAL
103. Payment and Responsibility to Pay
Injury benefits shall be paid in accordance with the
provisions of this Chapter.
104. Special Obligation
1/ An employer shall have to discharge the following
obligations:
a) To provide the injured with first aid in time;
b)To take the injured by an appropriate means of
transport to the nearest medical facility;
c) To notify the occurrence of occupational injury to
the relevant organ.
2/ The employer shall have the obligation to cover the
funeral expenses specified under Article 110 (1) (b) of this Proclamation
SECTION TWO MEDICAL SERVICES
105. Types of medical services
Where a worker sustains employment injury, the employer
shall cover the following medical service expenses:
1/ General and specialized medical and surgical care;
2/ Hospital and pharmaceutical care;
3/ Any necessary prosthetic or orthopedic appliances.
106. Duration of medical services
Medical services Provide for injury shall be withdrawn
in accordance with the decision of a Medical Board
SECTION THREE VARIOUS KINDS OF CASH BENEFITS
1/ A work who has sustained employment injury shall been
titled to:
a)Periodical payment while he is temporarily disabled;
b)Disablement pension or gratuity or compensation where
he sustains permanent disablement;
c)Dependents’ pension or gratuity or compensation to his
dependent where he dies.
2/ Periodical payment may be withheld where a worker who
has claimed or is receiving same:
a)Refuses or ignores to submit himself to medical
examination or in any way intentionally obstructs or unnecessarily delays such
examination;
b)be haves in a manner calculated to delay his recovery;
or
c) Violates the directives issued by the competent
appropriate organ for the behavior of injured workers.
3/ As soon as the circumstances that occasioned the
suspension ceases, the periodical payment shall recommence; provided, however,
that there shall be no entitlement to back pay for the period of suspension.
108. Periodical Payment
1/ The employer shall pay the periodical payment
referred to in Article 107 (1) (a) of this Proclamation for a period not exceeding
one year.
2/ The periodical payments referred to in Sub-
Article (1) of this Article shall be at the rate of full
wage of the worker’s previous average yearly wages during the first three
months following the date of injury, not less than 75% of the worker previous
average yearly wages during the next three months and not less than 50% of his
previous average yearly wages for the remaining six months.
3/ Periodical payments shall cease whichever of the
following takes place first:
a) When the worker is medically certified to be no
longer disabled;
b)On the day the worker becomes entitled to disablement
pension or gratuity;
c)Twelve months from the date the worker ceased to work.
109. Disablement Payments
1/Unless otherwise provided by a
Collective Agreement, disablement benefits payable to
workers of an undertaking Covered by this Proclamation shall be in accordance
with the applicable pension scheme or insurance scheme.
Where the undertaking doesn’t arrange an insurance
scheme, the relevant pension scheme shall be applied.
2/ Notwithstanding the provisions of Sub-Article (1) of
this Article, the disablement benefit covered by an insurance scheme shall in
no case be less than the amount prescribed under Sub-Article (4) of this
Article.
3/ An employer shall pay a lump sum of disablement
benefit to workers who are not covered by pension law.
4/ The amount of the disablement benefit to be paid by
the employer shall be:
a) where the injury sustained by the worker is permanent
total disablement, a sum equal to five times his annual wages;
b) where the injury sustained by the worker is below
permanent total disablement a sum proportionate to th degree of disablement
shall be calculated on the basis of the compensation provided for by Sub-Article
4 (a).
5/ Where an apprentice sustains disablement his
disablement benefit shall be calculated by reference to the wages which he
would probably have been receiving as a qualified worker after the completion
of his apprenticeship.
110.Dependents’ Benefits
1/ Where a worker or an apprentice dies as a result of
an employment injury, the following benefits shall be payable to dependents:
a) Dependents’ compensation in accordance with the
provisions of Sub-Articles (2) and (3) of this Article; and
b)Unless the amount stipulated by the provisions of a
collective agreement or work rules is higher, payment for funeral expenses
shall be in no case less than two month wages of the worker.
2/ The following shall be considered as dependents:
a) The widow or widower;
b) Children of the deceased who are under
18 years old; and
c) Any parent who was being supported by the deceased.
3) The amount of the dependents’ benefit for workers not
covered by the pension scheme, shall be a sum equal to five times the annual
salary of the deceased and shall be paid by the employer in lump sum in
accordance with the following proportion:
a) 50% for the widow or widower;
b) 10% each for the deceased’s children who are below
the age of 18 years old;
c) 10% each for the deceased’s parents who were being
supported by him.
4/ If the total of dependents' benefit calculated in
accordance with Sub-Article (3) of this Article is in excess of 100% of the
total amount to be apportioned, the amount of compensation for each dependent
shall, without affecting the share of the widow or widower, be proportionately
reduced to 100%. If the total amount of dependents’ compensation is less than
100% of the total amount to be apportioned, the amount of compensation of each
dependent shall be proportionately increased to make it 100%.
111. Burden of Proof
The benefits referred to in Article 110 of this
Proclamation shall not be payable where the worker dies after twelve months
from the date of the injury unless it is proved that the injury was the main
cause of his death.
112. Benefits not Taxable
1/ The benefits payable in accordance with the
provisions of this Section shall be exempted from income tax.
2/ The benefits payable under the provisions of this
Section shall not be assigned, attached or deducted by way of set off.
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