Occupational Health and Safety

Legal foundation

• Law No. 85-05 of February 16, 1985, on the protection and promotion of health (JORA No. 8-1985), amended and supplemented by:
  • Law No. 88-15 of May 15, 1988 (JORA No. 4-1988);
  • Law No. 90-17 of July 17, 1990 (JORA No. 35-1990);
  • Law No. 98-09 of August 19, 1998 (JORA No. 61-1998);
  • Law No. 04-18 of December 25, 2004, on the prevention and suppression of illicit use and trafficking of narcotics and psychotropic substances (JORA No. 83-2004);
  • Ordinance No. 06-07 of July 15, 2006 (JORA No. 47-2006);
  • Law No. 08-13 of July 20, 2008 (JORA No. 44-2008);
  • Law No. 88-07 of January 26, 1988, on hygiene, safety, and occupational medicine (JORA No. 4-1988).

These laws define the means and methods to be implemented in order to ensure workers the best possible conditions of protection regarding hygiene, safety, and occupational medicine, as well as the identification of those responsible for ensuring such protection.

They cover:

• General rules on health and safety in the workplace;
• General rules on training and information for workers regarding occupational risks;
• The organization and financing of prevention within enterprises;
• The monitoring of the implementation of legislation and regulations related to prevention, which is entrusted to the Labour Inspectorate.

Implementing Regulations of Framework Law No. 88-07 of January 26, 1988

A series of implementing texts were issued, concerning in particular:

• The establishment of joint commissions or hygiene and safety officers, their roles and operating conditions;
• The establishment of inter-company hygiene and safety committees, their functions and working procedures;
• The establishment of occupational hygiene and safety services within any employer’s organization with more than 50 employees;
• General protective measures regarding hygiene and safety in the workplace;
• Specific protective measures applicable to hazardous substances, products, or preparations used in the workplace;
• Specific hygiene and safety rules applicable to the construction, public works, and hydraulics sectors;
• Specific safety measures to protect workers from electrical hazards;
• The organization of occupational medicine;
• Protective measures against ionizing radiation.

Key Actors in Occupational Risk Prevention

In addition to the inspection and control activities carried out by the Labour Inspectorate, four (04) institutions are involved in the prevention of occupational risks:

1. National Institute for the Prevention of Occupational Risks (INPRP);
2. Organization for the Prevention of Occupational Risks in Building, Public Works, and Hydraulics (OPREBATPH);
3. Occupational Medicine Enterprise (PRESTIMED);
4. National Social Insurance Fund (CNAS), through its Directorate for the Prevention of Occupational Risks.

Objectives of Occupational Risk Prevention

The actions of these institutions aim to:

1. a) Contribute to the prevention of occupational risks by improving knowledge of such risks and adapting preventive measures against workplace accidents and occupational diseases, ensuring better management of these risks;
2. b) Reduce the costs associated with workplace accidents and occupational diseases;
3. c) Raise awareness among workers and employers about the importance of a culture of prevention concerning occupational risks.

Specialized Institutions Under the Supervision of the Ministry of Labour

Several institutions are specifically focused on occupational risk prevention, notably OPREBATPH, INPRP, and PRESTIMED:

• OPREBATPH (Organization for the Prevention of Occupational Risks in Building, Public Works, and Hydraulics):
  This institution, endowed with legal status and financial autonomy, provides prevention and advisory services in a rapidly growing sector where occupational risks are particularly high.
• INPRP (National Institute for the Prevention of Occupational Risks):
  Primarily responsible for diagnosing occupational risks and advising companies to improve working conditions and reduce risks.
  Its creation reflects the government’s commitment to occupational health and safety and replaces the former National Institute for Hygiene and Safety (INHS), which was dissolved in 1998 under Executive order No. 98-266 of August 29, 1998.
• PRESTIMED (Occupational Medicine Enterprise):
  Attached to the Ministry of Labour since 2010, it is responsible for providing occupational health services for the benefit of workers.