Legal obligations of employers in the Grand Duchy of Luxembourg
The law of 17 June 1994 rendered occupational health measures compulsory for all companies and all employees in the Grand Duchy of Luxembourg
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Law of June 17, 1994 concerning occupational health services. Law of July 31, 2006 introducing a Labor Code. |
1. Every business must have an occupational health service, either internal or by making use of a structure organised at inter-company level.
2. A number of medical examinations are compulsory:
- an examination on recruitment of the applicant for a workplace
- in the case of workplaces exposed to risks (see ad hoc section), the examination must take place before recruitment;
- in the case of other workplaces, the examination must take place within two months of recruitment.
If the recruitment examination takes place after work has already begun, the employment contract will be concluded with a suspensive condition (i.e. the employment contract will be automatically terminated if the employee is found to be unfit).
- regular examination for workers
- aged under 21;
- occupying a workplace exposed to risk;
- for whom the occupational physician has deemed a regular medical examination to be necessary;
- for night workers.
- examination after a prolonged absence
After absence from work lasting for more than six weeks, the employer must inform the appropriate occupational medicine service that the employee concerned has returned to work. The employer, the employee or the occupational physician may then ask for a medical examination to take place.
3. Consultations on request
The employee, the employee and the occupational physician are entitled to ask for an examination when that seems to be appropriate to them. However, the employee is entitled to refuse any examination which he is required to undergo outside the legal framework.
4. The Grand Ducal regulation on work at a computer screen
This makes a regular eye test compulsory for all employees who meet the definition of a worker using a computer screen.
5. Analysis of workplaces
is compulsory for companies in order to determine the risks of exposure of workers and to enable a working tool compatible with the safeguarding of health to be made available to employees. The characteristics of working tools involving the use of a computer screen are defined in the Grand Ducal Regulation of 4 November 1994.
6. Organisation of first aid is mandatory in the company.