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Obligations on Employees

HEALTH PROTECTION AND SAFETY OF WORKERS


GENERAL PRINCIPLE OF THE RESPONSIBILITY OF THE EMPLOYER

According to Circular no. 130297/15-7-96 of the Ministry of Labor and Social Affairs on the implementation of Presidential Decree 17/1996:

“The employer is responsible for the safety and health of workers in his business and is not relieved of this responsibility neither when workers do not meet their obligations nor when assigning protective and preventive tasks against occupational risks to the Safety Technician or/and Occupational Physician or/and competent External Protective and Preventive Services.”

DEFINITIONS

According to P.D. 17/96:

  1. Employee is any person employed by an employer, including trainees and apprentices but excluding domestic servants.
    2. Employer is any natural or legal person who has an employment relationship with the employee and has responsibility for the undertaking and/or establishment.
    3. Business is any business, holding, establishment and operation of the private and public sector, regardless of the financial activity sector in which it is classified
    4. Workplace is any place where workers are located or move to because of their work and that is under the employer's control.
    5. Prevention means all the steps or measures taken or planned at all stages of work in the undertaking to prevent or reduce occupational risks.

PROVISION OF PROTECTIVE AND PREVENTIVE SERVICES

In businesses employing 50 or more employees, the employer is obliged to use the services of the Safety Technician and Occupational Physician.

In businesses employing less than 5 employees, the employer:
 
1.    shall use the services of a Safety Technician with higher education, when the activities of the undertaking are classified in category A of PD 294/88 (high risk)
2.    may delegate the tasks of the Safety Technician to the employees, on a full-time basis and with secondary education, having the responsibility of his training, when the activities of the undertaking are classified in category B of PD 294/88.
3.    may assume the duties of the Safety technician himself, with proper training, when the activities of the undertaking are classified in category C of PD 294/88 (low risk).
4.    shall use the services of an Occupational Physician, when these undertakings involve lead, asbestos, carcinogens, biological agents and risk assessment indicates a risk to the health or safety of workers.

The working time of the Safety Technician and Occupational Physician is specified in the following pieces of legislation: L. 1568/85, P.D. 294/88, P.D. 17/96, P.D. 159/99.


GENERAL OBLIGATIONS

The employer is obliged to ensure the safety and health of workers in every occupational aspect and take measures to ensure the health and safety of third parties.

If the employer assigns to external freelancers or External Protective and Preventive Services (EXYPP) ST or/and OP tasks, this shall not discharge him from his responsibilities in this area.

The obligations of the Safety Technician, Occupational Physician and the employees' representatives, shall not affect the principle of the responsibility of the employer.

Employers must allow workers’ representatives with specific responsibility for the safety and health of workers adequate time off work, without loss of pay, and provide them with the necessary means to enable such representatives to exercise their rights and functions deriving from the applicable provisions.

The employer’s responsibilities include:

  1. the prevention of occupational risks
  2. the education and training
  3. the necessary organization
  4. the provision of necessary measures

The employer shall:

  1. supervise the proper implementation of occupational health and safety measures
  2. communicate to workers the occupational risk of their work
  3. establish a program for preventive action and the improvement of working conditions
  4. ensure the maintenance and monitoring of operational safety of instruments and facilities


SPECIAL OBLIGATIONS

  1. The employer shall be in possession of a written assessment of the risks to safety and health at work, including those facing groups of workers exposed to particular risks.
  2. He shall also decide on the protective measures to be taken and, if necessary, the protective equipment to be used.
  3. Furthermore, the employer shall announce to the competent labor inspectorates, the nearest police authorities and the competent services of the insurance entity where the worker is subject to, within 24 hours, all occupational accidents and in case of a serious injury or death, keep unchanged all the evidence that may serve to identify the causes of the accident.
  4. He shall keep a special book of accidents where the causes and the description of the accident are entered, and make it available to the competent authorities.
  5. He shall keep a list of occupational accidents resulting in a worker being unfit for work for more than three working days.

MEASURES FOR THE PROTECTION OF WORKERS

  1. Avoiding risks
  2. Evaluating risks that cannot be avoided
  3. Adapting the work to the individual, especially as regards the design of work places, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their effect on health
  4. Replacing the dangerous by the non-dangerous or the less dangerous
  5. Developing a coherent overall prevention policy which covers technology, organization of work, working conditions, social relationships and the influence of factors related to the working environment
  6. Combating the risks at source
  7. Giving collective protective measures priority over individual protective measures
  8. Adapting to technical progress
  9. Giving appropriate instructions to workers
  10. Measures related to safety, hygiene and health at work may in no circumstances involve the workers in financial cost.

UNDERTAKINGS SHARING THE SAME WORKPLACE

When many undertakings share the same workplace, employers shall cooperate for the implementation of the provisions relating to the safety, health and hygiene and, taking into account the nature of the activities, coordinate their activities for the protection of workers and the prevention of occupational risks. They must inform each other and then each one of them inform the workers and their representatives on these risks. The responsibility of coordinating the activities is assumed by the employer who has control of the workplace, where the works are carried out, except in cases that more favorable provisions have been drawn.

WRITTEN ASSESSMENT OF OCCUPATIONAL RISKS

Occupational risk assessment is a systematic examination of all sides of each work carried out by the undertaking, with a view to:

  1. Identify the sources of occupational risk, namely what could cause risk to the safety and health of workers
  2. Determine whether and in what way the risk sources can be eliminated or those risks can be avoided
  3. Record the precautions already implemented and recommend the complementary measures that should be taken  to control risks and protect workers

The assessment should include the risks that may occur.

OTHER OBLIGATIONS

√    The employer shall take the measures necessary, when required, for:

  1. First aid provision
  2. Fire safety
  3. Evacuation of workers
  4. Serious and imminent dangers

√    The employer shall consult workers on all issues relating to safety and health at work
√    The workers and their representatives may not be placed at a disadvantage because of their respective activities related to health and safety at work
√    The employer informs all workers, by providing all necessary information on safety and health at work
√    The employer shall ensure that each worker receives adequate safety and health training, in particular in the form of information and instructions specific to his workstation or job:

  1. On recruitment
  2. Ιn the event of a transfer or a change of job
  3. In the event of the introduction of new work equipment or a change in equipment
  4. In the event of the introduction of any new technology

√    Workers’ representatives shall be entitled to appropriate training
√    This training may not be at the workers’ expense or at that of the workers’ representatives.

SANCTIONS

Any employer, manufacturer, importer or supplier infringing the provisions of legislation is sanctioned in line with:

  1. Administrative sanctions of Article 24, of L. 2224/94, notwithstanding the provisions of Article 6, of JMD 88555/3293/30-9-88 ratified by Article 39, of L. 1836/89.
  2. Criminal sanctions of Article 25, of L. 2224/94
  3. This booklet is a guide to the obligations on employers, in accordance with the legislation in force. For more complete coverage of the obligations of employers, the interested party should read the full texts of the legislation in force, such as:
    •    Law 1568/1985
    •    Presidential Decree 294/1988
    •    Presidential Decree 17/1996
    •    Circular no. 130297/15-7-1996
    •    Presidential Decree 159/1999

The Company’s policy

The management of the Company PRO.EX. has adopted and followed a customer-based quality policy and constantly seeks to improve its relations with customers.

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Certificate Proex

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