This term means any worker designated by the employer to assist him in ensuring compliance with the statutory obligations of protection and prevention of occupational risks in the business.
It is important to see the difference between the designated worker "(travailleur désigné") and the "délégué à la sécurité". The "délégué à la sécurité" ist designated by the staff delegation either amongst its members or amongst all staff membres and is in charge of all aspects regarding safety at the workplace.
The law of 17 June 1994 requires the employer to take all necessary measures to protect the safety and health of his employees.
- Avoid risks
- Assess risks which cannot be avoided
- Combat risks at their source
- Adapt work to human beings (with particular reference to the design of the workplace and choice of working equipment and methods)
- Take account of the progress of technology
- Replace dangerous items by safer or less dangerous equivalents
- Plan prevention by seeking a coherent whole which bases prevention on many factors: technology, work organisation, working conditions, social relations and the influence of environmental factors at work
- Take collective rather than individual protection measures
- Give suitable instructions to workers
NUMBER AND QUALIFICATIONS REQUIRED
The Grand Ducal regulation of 9 June 2006 assigns companies to seven categories on the basis of the number of employees. These categories determine such aspects as the qualification, basic training and professional experience which the designated worker must have (see table on the right of this heading).
The designated worker must be allowed an appropriate amount of time to perform the obligations placed on him by the legislation. This necessary time is defined by the Grand Ducal regulation of 9 June on the basis of the active payroll at a specific site and the number of identified posts involving risks.
The number of designated workers is therefore defined on the basis of the time required to perform the relevant duties (one designated worker per tranche of 8 hours required on a daily basis).
The employer may himself act as the designated worker in the case of businesses with less than 49 employees, provided that he has enough time as defined above and the stipulated qualifications and training.
The designated worker is nominated by the employer, preferably in writing. However, the employer cannot oblige his employee to accept the nomination to the position of designated worker. The Joint Committee, if there is one, must be informed of the nomination. The nomination is effective only if:
- it was made explicitly, preferably in writing;
- the basic conditions of qualifications and specific training of the designated worker exist;
- the designated worker has the necessary resources and time.
Training consists of basic training and specific training, together with regular additional training. The number of hours of training which varies between 12 for Category A and 166 hours for Category D2 is defined in the Grand Ducal regulation of 9 June 2006 and can be consulted more readily in the document entitled “Training” to the right of this heading.
The detailed programme of training by category of business can be consulted in the Ministerial Order of 18 July 2007.
INTERACTION WITH ASTF
The designated worker is the privileged contact person for the ASTF for matters falling within his statutory terms of reference. The designated worker may have access at any time to the expertise of the ASTF which places qualified personnel at his disposal (on matters of health, hygiene, ergonomics, safety, training).