Andorra

In Andorra, the cornerstone of health and safety is Law 34/2008 of December 18, on Safety and Health at Work. This comprehensive law outlines the responsibilities of both employers and employees in maintaining a safe and healthy work environment.

Employer Responsibilities

Employers in Andorra have a broad range of responsibilities under health and safety laws. These include conducting risk assessments to identify hazards and implementing preventive measures, implementing safety measures to mitigate risks, developing emergency plans, training employees on workplace risks and safe work practices, providing appropriate health monitoring based on workplace risks, and reporting workplace accidents and occupational diseases to authorities.

Employee Rights

Employees in Andorra have the right to work in an environment free from recognized risks that could harm their physical and mental health. They also have the right to receive information about workplace hazards, participate in risk assessments, refuse to work if they believe they are in serious and imminent danger, and report safety problems to employers or authorities without fear of retaliation.

Worker Representation and Participation

Workers in Andorra may elect safety delegates in companies with more than a stipulated number of employees. These delegates have rights in prevention, information, and consultation. In larger companies, Works Councils play a broader role in health and safety.

Enforcement

The Labor Inspection Office is responsible for enforcing health and safety laws through inspections, investigations, and sanctions. Andorra imposes significant fines for violations of these laws, with the severity of the penalty depending on the nature and consequences of the violation.

Special Considerations

Andorra has specific regulations for protecting young workers, including limitations on work hours, types of work, and enhanced risk assessments. Certain industries, such as construction or those involving hazardous substances, may have additional safety regulations.

Andorra maintains a strong commitment to promoting a safe and healthy work environment. Companies navigating Andorran health and safety laws can benefit greatly from consulting safety specialists or seeking legal advice to ensure full compliance and safeguard their workers' well-being.

Andorra mandates employers to conduct thorough risk assessments. There's flexibility in the specific methodology used, allowing companies to follow recognized frameworks or sector-specific standards. Employers in Andorra are expected to prioritize controls according to a specific hierarchy. This includes the elimination of the hazard, substitution with less hazardous alternatives, engineering controls such as isolation and ventilation, administrative controls like work procedures and training, and personal protective equipment (PPE) as the last resort.

Work Equipment and Machinery

Machinery and work equipment must undergo conformity assessment procedures to ensure they meet safety requirements before being placed on the market or put into use. Employers must provide instructions for safe use, train workers in their operation, and schedule regular maintenance to prevent equipment malfunctions.

Chemical Hazards

Andorra aligns with the European Union's Globally Harmonized System (GHS) for chemical classification and labeling. Chemical manufacturers and suppliers must provide Safety Data Sheets (SDSs) with information on hazards, handling, storage, exposure controls, and emergency measures. Employers are expected to implement risk control measures such as substitution, engineering controls, ventilation, safe work practices, and PPE in line with the information provided on SDSs.

Workplace Ergonomics

Employers are obligated to assess and manage ergonomic risks to prevent Musculoskeletal Disorders (MSDs). This includes tasks involving manual handling, repetitive motions, and awkward postures. Workstations and equipment are to be designed with ergonomics in mind to reduce physical strain on workers.

Noise and Vibration

Andorra sets exposure limits for noise and vibration to protect workers' hearing and prevent other health effects. Employers are expected to implement control measures such as engineering controls to reduce noise at the source, administrative controls (limiting exposure time), hearing protection programs, and medical surveillance where required.

Occupational Health Programs

Employers must provide appropriate health surveillance based on workplace risks. This may involve pre-employment, periodic, or specific medical examinations. Workplaces must have trained first-aiders, first aid supplies, and emergency plans in place. Andorran law recognizes the importance of addressing psychosocial risks in the workplace, requiring employers to take preventive measures to promote mental well-being.

Continuous Improvement

Andorran health and safety regulations mandate the ongoing review and improvement of Occupational Health and Safety (OHS) management systems. This includes thorough investigations of accidents and near-misses to identify root causes and implement preventive measures to prevent recurrence. Employers are also expected to establish channels for workers to report safety concerns and participate in OHS decision-making processes. Regular OHS audits are required to ensure compliance and identify areas for improvement.

Workplace inspections are a crucial tool in maintaining a safe and healthy work environment. They help identify potential risks and hazards, prevent workplace injuries and illnesses, and ensure adherence to safety standards. In Andorra, the primary government body responsible for ensuring safety compliance is El Servei d'Inspecció de Treball i Seguretat Social (ITSS). ITSS conducts workplace inspections across various industries within Andorra.

Key Areas of Inspection

Workplace inspections in Andorra focus on several key areas:

• Physical hazards: These include noise, vibration, lighting, confined spaces, electricity, temperature, and fire safety.
• Chemical and biological hazards: This involves exposure to hazardous substances and pathogens.
• Ergonomic hazards: These include repetitive motions, lifting, and manual handling.
• Psychosocial hazards: This includes workload, work organization, and workplace violence.
• Machinery and equipment safety: This involves guarding, emergency stops, and maintenance procedures.
• Personal protective equipment (PPE): This includes availability, adequacy, use, and maintenance.
• Safety Management Systems: This involves risk assessments, safety policies, incident reporting, and training programs.

Inspection Frequency

There are no predetermined frequencies for workplace inspections in Andorra. Inspections by the ITSS can be triggered by complaints and reports, accidents and incidents, high-risk industries, and targeted inspection campaigns.

Inspection Procedures

The inspection process typically involves the following steps:

1. Notice: Employers may or may not receive advance notice before an inspection.
2. Opening conference: The inspector discusses the inspection's scope and purpose with the employer.
3. Walkthrough: Physical inspection of the workplace, observation of work processes, and interviews with employees.
4. Records review: Examination of relevant documentation.
5. Closing conference: The inspector summarizes findings and discusses potential violations.
6. Inspection report: A detailed report outlines the findings and any required corrective actions.

Follow-Up Actions

After the inspection, employers are expected to address non-compliance issues within a set deadline. ITSS may conduct follow-up inspections to verify compliance. Employers may face fines or administrative measures in cases of serious or repeated violations of safety regulations.

In Andorra, there are well-defined protocols for managing workplace accidents. These are crucial for protecting injured workers and ensuring compliance with legal obligations.

H3 Reporting Requirements

Employers are legally obligated to immediately report any serious workplace accident to the Servei d'Inspecció de Treball i Seguretat Social (ITSS) and relevant emergency services if necessary. Minor accidents should be recorded internally in the company's accident registry. Legal timeframes for notification may vary depending on the severity of the accident according to Andorran labor laws.

H3 Investigation Process

The employer is responsible for investigating the accident, identifying root causes, and implementing corrective measures to prevent recurrence. For serious accidents or those resulting in fatalities, the ITSS will likely conduct its own investigation. Employers must fully cooperate with ITSS investigations, providing access to records and facilitating interviews.

H3 Compensation Claims

The Andorran Social Security system (Caixa Andorrana de Seguretat Social - CASS) provides compensation for workplace accidents and occupational illnesses. Injured workers may be entitled to medical treatment and rehabilitation, temporary disability benefits, permanent disability pensions, and survivor benefits in case of fatalities. Claim procedures are managed by CASS and typically initiated by the employer.