Algeria has a comprehensive legal framework in place to protect the health and safety of workers across various industries. This framework is primarily based on the Labor Code (Law No. 90-11) and Law No. 88-07 on Hygiene, Safety, and Occupational Medicine. The Labor Code outlines the general obligations of employers and employees regarding health and safety, while Law No. 88-07 delves into specific standards, preventative measures, and the establishment of health and safety committees within workplaces.

Employer Responsibilities

Under Algerian health and safety laws, employers have several responsibilities. These include conducting risk assessments to identify potential hazards and implementing measures to mitigate them. Employers are also required to provide employees with adequate training and information on workplace hazards, safe work practices, and the use of safety equipment. They must supply workers with necessary Personal Protective Equipment (PPE) at no cost to the employee. Additionally, employers are responsible for maintaining safe work environments, which includes ensuring equipment is well-maintained, workspaces are organized, and emergency procedures are in place. They must also establish a system for reporting workplace incidents and investigating their causes, as well as providing employees with access to occupational health services for medical examinations, monitoring, and treatment as needed.

Joint Health and Safety Committees

Law No. 88-07 mandates the establishment of joint health and safety committees within companies that exceed a specific employee threshold. These committees, which are comprised of worker and employer representatives, play a crucial role in conducting regular workplace safety inspections, identifying risks, suggesting actions to improve working conditions, and assisting in analyzing accident causes and recommending prevention strategies.

Regulatory Agencies

Several governmental bodies oversee health and safety in Algeria. The Ministry of Labor, Employment, and Social Security serves as the primary authority responsible for developing, implementing, and enforcing health and safety legislation. Other specialized health and safety agencies and technical institutes may have jurisdiction over specific sectors or types of hazards. It's important to note that specific health and safety regulations may vary depending on the industry and workplace activities. Companies are advised to seek guidance from appropriate regulatory agencies or labor law specialists to ensure full compliance.

In Algeria, workplace safety and health are given high priority. The framework for occupational health and safety (OHS) in the country is shaped by several key elements.

Labor Law (Law No. 90-11)

This law provides the foundation for OHS rights and responsibilities for employers and workers. It addresses workplace hazards, prevention measures, and accident reporting.

Ministry of Labour, Employment, and Social Security (MTESS)

The MTESS is the primary government body responsible for developing and enforcing OHS regulations.

National Institute of Work Prevention (INPT)

The INPT plays a crucial role in promoting OHS awareness, providing training, and conducting research.

OHS Standards and Key Focus Areas

Hazard Identification and Risk Assessment

Employers are obligated to identify potential hazards in the workplace and implement risk control measures.

Prevention of Occupational Accidents and Diseases

Employers must take necessary actions to protect workers from accidents and work-related illnesses. This includes providing protective equipment and training.

Safety Committees

Companies of a certain size are required to establish safety committees with worker and employer representation.

Medical Examinations

In some sectors, employees may be required to undergo regular medical examinations to ensure their fitness for work.

OHS Training

Employers must provide workers with health and safety training relevant to their job tasks.

Record Keeping and Reporting

Companies must maintain records of work-related accidents and illnesses. They also have reporting requirements as outlined by the MTESS.

Workplace inspections in Algeria are a crucial part of ensuring safe and healthy working conditions. The Ministry of Labor, Employment and Social Security is responsible for overarching labor policies and enforcement, while the Labor Inspection (Inspection du Travail) is the specialized agency within the Ministry tasked with conducting these inspections.

Inspection Criteria

Labor inspectors in Algeria examine compliance across various areas. These include Occupational Safety and Health (OSH), which ensures the prevention of work-related accidents and occupational diseases. This includes assessments of workplace hazards, implementation of safety measures, and compliance with OSH regulations. Inspectors also verify that employers respect labor regulations regarding working hours, overtime compensation, minimum wage, social security contributions, anti-discrimination measures, and provisions of the Algerian Labor Code.

Inspection Frequency

The frequency of workplace inspections can vary. Factors influencing this include the industry sector, with high-risk sectors like construction and manufacturing often subject to more frequent inspections. The size of the company can also play a role, with larger companies typically inspected more frequently. Additionally, inspections can be triggered by worker complaints or reported incidents.

Inspection Procedures

The inspection process typically involves planning, where labor inspectors may conduct scheduled or unscheduled inspections. This is followed by an on-site visit, where inspectors examine the workplace, interview employees and management, and review relevant records. After this, the inspector will issue a report detailing any identified violations or non-compliance issues. The employer is then generally given a timeline to rectify any identified breaches of regulations.

Follow-up Actions

Follow-up actions can include a reinspection, where inspectors may conduct follow-up inspections to ensure corrective actions have been implemented. In cases of significant or repeated violations, employers may face fines or other administrative penalties. In extremely severe cases, criminal prosecution may be pursued.

In Algeria, labor laws and social security regulations have established clear protocols for handling workplace accidents.

Reporting Requirements

Employers are legally required to report a workplace accident to the local labor inspectorate (Inspection du Travail) and the social security agency (Caisse Nationale des Assurances Sociales des Travailleurs Salariés - CNAS) within 48 hours. The accident report typically includes the date, time, and location of the accident, the nature and circumstances of the incident, details of the injured worker(s), and witnesses if applicable.

Investigation Process

The labor inspectorate has the authority to investigate workplace accidents to determine the causes and identify any potential violations of workplace safety regulations. Investigations may involve examining the accident scene, interviewing witnesses, and reviewing relevant documentation such as safety protocols and equipment maintenance records.

Compensation Claims

The CNAS is responsible for processing and managing compensation claims for workplace accidents and occupational diseases. Injured workers may be entitled to medical expenses, temporary or permanent disability benefits, and survivor's benefits in case of death.

Legal and Regulatory References

The Labor Code (Code du Travail) outlines the general framework for workplace safety and accident reporting. Social Security Legislation defines the compensation system for workplace accidents and occupational diseases. Executive Decrees and Ministerial Orders provide detailed regulations on specific aspects of workplace accident management.