According to Order No. 039/MTPS/IMT of November 1984 fixing the
general measures of hygiene and safety in the places of work, the
the employer is directly responsible for the application of all the
prevention, hygiene, and safety measures intended to ensure the
protection of the health of the workers he uses.
When several employers use workers simultaneously in the same
workplace, they must work together to ensure that all workers are
protected as effectively as possible.
Nevertheless, each employer remains responsible for any damage
caused by his activities.
Any employer who uses manufacturing processes involving special risks
or likely to cause occupational diseases is required to make a
declaration before the start of the said work by registered letter
addressed to the Minister of Labour and Social Security (through the
The declaration must indicate the nature of the risks and the protection
and prevention measures are taken to protect workers from the nuisances
resulting from their activities.
In the event of serious risks, the local Labour Inspector will carry out an
investigation to ensure that all measures have been taken.
The employer is obliged to provide and maintain the premises,
installations and tools appropriate to the work to be performed in such
a way to ensure that the workers are adequately protected against
accidents at work and any damage to health.
Likewise, the employer is obliged to provide the workers, taking into
account their activities, with the supply, maintenance, and timely
renewal of individual and collective means of protection recognized as
Depending on the nature of the work, the appropriate protective
equipment shall consist of:
(a) Respirators when the nature of the industry or work to be
performed does not permit sufficient removal of gases, vapors, dust or
other noxious fumes;
(b) Goggles or face shields to protect the worker from solid, liquid or
gaseous projections likely to cause injury;
(c) Goggles and other protective devices against radiation of all kinds
which are harmful to the eyes;
(d) Protection against all dangerous projections and the
possible fall of objects.
(e) Gloves, gauntlets, muffs, headgear, caps, and special footwear, for
the appropriate protection of workers against dangerous splashes,
fumes and contacts;
(f) Special clothing and/or equipment for the protection of workers in
the performance of dangerous or simply dirty tasks;
g) Any other apparatus, device, or accessory suitable for protecting the
worker against the risks related to his activity.
The employer is obliged to provide the workers with all the information
concerning the risks involved in their respective occupations and the
measures to be taken to avoid them, including the use of protective
systems, when they are hired, or when a new work process is
In addition, permanent information is provided to the workers in
possible collaboration with the competent services of the Ministry of
Labor and Social Security, the National Social Insurance Fund, the most
represented employers’ or workers’ trade unions, and any other
an organization concerned with health and safety issues.
Any establishment carrying out an activity classified in risk group A,
according to the regulations in force on occupational accidents and
diseases, and employing more than ten workers, must keep one or
more registers, known as technical control registers, which will be
mentioned, with the date and signature of the technicians proposed to
carry out these controls, tests, verifications, and periodic
maintenance operations of the equipment, machines, safety devices
and protection means.
This provision is mandatory for companies and establishments carrying
out an activity classified in risk groups B and C, regardless of the
several workers employed.