PART SEVEN OCCUPATIONAL SAFETY AND HEALTH AND WORKING ENVIRONMENT
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
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
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
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.
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.
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.
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.