General Obligations of the Employer

1. The employer, to ensure the protection of employees in all aspects, that related to safety and health at work, takes the necessary measures through:

  1. prevention of risks for accidents at work and occupational diseases;
  2. information and professional training of employees and their representatives;
  3. organization of collective and individual protection;
  4. ensuring the organization of the workplace and the necessary tools.

2. The employer takes care of updating the measures provided for in point 1 of this article, taking into account changes in circumstances, to improve existing situations.

3. The employer implements the measures foreseen in letter “a” of paragraph 1 of this Article, according to the general principles of prevention, such as:

  1. avoiding risks;
  2. risk assessment, which can not be avoided;
  3. the fight against the risk at source;
  4. adapting the work process with the employees, particularly in terms of designing the workplace, selection of work equipment and work methods of production, in order to mitigate, in particular, uniformly repeatable work and normative work and reduce their effects on health;
  5. adaptation of the work process with the development of technologies;
  6. Replacement of what is dangerous to what is not dangerous or to what is less dangerous;
  7. undertaking preventive, comprehensive and coherent measures covering technology, work organization, working conditions, social relationships and the impact of factors related to the working environment;
  8. giving priority to collective protection measures in relation to those of individual protection;
  9. Providing appropriate instructions to mployees.

4. The employer, without prejudice to the other provisions of this law, given the nature of the activities of the enterprise / institution, assesses the risks to the safety and health of employees, including the selection of equipment, chemical substances or preparations and the way of regulating the workplace, in accordance with appropriate protective measures.

5. After carrying out the assessment described in paragraph 4 of this Article and, if necessary, employers should:

  1. Ensure a better level of protection of the safety and health of employees;
  2. to integrate in the entirety of the activities of the enterprise and of the institution as well as at all hierarchical levels;
  3. consider the employee’s skills in the field of health and safety for every task assigned;
  4. ç) hold consultations with employees and their representatives, with the object of planning the introduction of new technologies, noting their consequences for the safety and health of employees, the consequences of which are related to the selection of equipment, improving working conditions and the impact of environmental conditions;
  5. take appropriate measures to ensure that only workers who have received appropriate instructions to enter in high-risk and specific areas.

6. In the case of many companies employees use the same workplace, employers should:

  1. to cooperate in the implementation of the provisions on safety, hygiene and health, given the nature of the work activity;
  2. coordinate their activities with the protection and prevention of occupational hazards, by assigning a coordinator for safety and health;
  3. to mutually exchange information on these risks, to inform the relevant employees or their representatives.

7. Measures taken by employers on safety, hygiene and health at work do not have financial impact on employees.