Martinique

Martinique, being an overseas department of France, follows the French legal system. The primary sources of health and safety law within Martinique are the French Labor Code (Code du Travail), European Union (EU) Directives, and Martinique-Specific Regulations.

French Labor Code (Code du Travail)

The French Labor Code serves as the cornerstone of employment law in both Martinique and mainland France. It enshrines numerous provisions aimed at protecting the health and safety of workers. Key aspects include employer obligations, risk assessments, information and consultation, personal protective equipment (PPE), and occupational health services.

European Union (EU) Directives

EU directives regarding health and safety have been transposed into French law and apply equally to Martinique. These directives cover areas such as the safe use, handling, transport, and disposal of chemicals. Key regulations include the Classification, Labeling, and Packaging (CLP) Regulation and the REACH Regulation.

Martinique-Specific Regulations

Orders and decrees at the departmental level can supplement the broader health and safety framework. These regulations address specific areas such as construction site safety, scaffolding, and excavation work. Protective measures such as fall protection, hard hats, and other safety protocols are mandatory in construction.

Public Health

The Public Health Code (Code de la Santé Publique) governs infectious disease control, sanitation, and food safety. Laws related to air and water quality also impact workplaces and public health standards in Martinique.

Enforcement

Compliance with health and safety regulations is ensured by the Labor Inspectorate. They can issue warnings, fines, and order the temporary closure of workspaces. Social Security Bodies may become involved in cases of occupational illness or injury.

Important Considerations

Sector-specific agreements may enhance the minimum protection levels stipulated in the Labor Code. Employers in breach of health and safety laws risk both administrative and criminal penalties. It is important to stay informed about changes to Martinique's regulations or the transposition of new EU directives into French law.

Occupational health and safety in Martinique is governed by a robust regulatory framework largely derived from French law and EU standards. Employers are legally required to perform thorough risk assessments covering all potential workplace hazards. This assessment forms the basis for safety measures and must be formally documented in the 'Single Occupational Risk Assessment Document' (DUERP). The assessments encompass a wide spectrum of risks including physical, chemical, biological, ergonomic, and psychosocial hazards.

The Code du Travail emphasizes eliminating hazards at the source, followed by implementing engineering controls, administrative controls, and finally, the provision of personal protective equipment (PPE). Employers must develop and enforce safe work practices tailored to the identified risks within their workplaces. Regular inspection and maintenance ensure equipment and the overall work environment remain safe.

Employees are entitled to comprehensive health and safety training upon hiring and whenever changes to workplace hazards occur. Workers have the right to clear information on workplace risks and the protective measures in place. Employee representatives and health and safety committees play a role in consultation and decision-making regarding safety measures.

Employers must contract with occupational health services to provide their employees with regular health checkups and monitoring, workplace health and safety surveillance, and advice on risk mitigation strategies. Rigorous regulations govern aspects like scaffolding, fall protection, and personal protective equipment within the construction industry. The REACH Regulation (EC) No 1907/2006 places strict controls on the registration, authorization, and use of chemicals, while the CLP Regulation (EC) No 1272/2008 enforces standardized labeling of hazardous substances.

Workplace inspections in Martinique play a crucial role in maintaining health and safety standards. The primary objective of these inspections is to ensure that employers are adhering to the provisions of the French Labor Code and relevant occupational health and safety regulations. Inspections can be scheduled proactively as part of the Labor Inspectorate's monitoring program or triggered in response to complaints, accidents, or suspected safety violations. Labor inspectors are also empowered to provide guidance to employers on achieving compliance.

Role of Workplace Inspections

• Ensuring Compliance: Verifying that employers adhere to the French Labor Code and relevant safety regulations.
• Proactive and Reactive: Inspections can be scheduled or triggered by complaints, accidents, or suspected safety violations.
• Advisory Element: Inspectors provide guidance to employers on achieving compliance.

Workplace Inspection Criteria

Inspectors in Martinique examine a wide array of factors during their assessments:

• Risk Assessment and Management: Evaluation of the 'DUERP' and the adequacy of implemented safety measures.
• Physical Work Environment: Scrutiny of facilities, machinery, electrical installations, emergency exits, ventilation, etc.
• Handling of Chemicals: Adherence to labeling, storage, and usage protocols for hazardous substances.
• Personal Protective Equipment (PPE): Availability, suitability, and correct usage of PPE.
• Employee Training and Awareness: Verification of safety training provided and employees' understanding of workplace risks.
• Record-Keeping: Review of accident logs, medical surveillance records, and maintenance reports.

Inspection Frequency

The frequency of labor inspections varies based on a combination of factors:

• Sector-Specific Risk: Workplaces within high-risk industries like construction or chemical handling face more frequent scrutiny.
• Past Compliance: Businesses with a history of violations may be subject to increased inspections.
• Targeted Campaigns: The Labor Inspectorate may conduct focused inspection campaigns targeting specific safety issues or sectors.

Inspection Procedures

• Unannounced or Announced: Inspectors have the authority to conduct both unannounced and announced inspections.
• Information Requests: Inspectors can request documents, interview employees, and observe work processes.
• Inspection Report: A formal report detailing findings and any necessary corrective actions is issued upon completion.

Follow-Up Actions

• Administrative Notices: Inspectors may issue warnings or notices instructing the employer to rectify specific deficiencies within a set timeframe.
• Fines: Employers who fail to comply can face administrative fines.
• Temporary or Permanent Closure: In cases of imminent danger, the Labor Inspectorate has the power to order the partial or full shutdown of a workplace.
• Criminal Proceedings: Serious violations of health and safety laws may lead to criminal prosecutions.

In Martinique, strict procedures are followed when it comes to workplace accidents. These procedures are designed to protect the rights of workers and ensure that incidents are properly investigated. The process involves reporting, investigation, and compensation.

Reporting Workplace Accidents

Employers in Martinique are legally obligated to report any workplace accident that results in at least one day of work absence. This report must be made to the relevant social security body, the Caisse Primaire d'Assurance Maladie (CPAM), within 48 hours. The report must be made using a specific accident declaration form that details the circumstances of the event and the injuries sustained. In the case of serious accidents, those that result in death or likely permanent disability, the Labor Inspectorate must be notified immediately.

Accident Investigation

Following a workplace accident, the employer is required to conduct an internal investigation. This investigation is designed to determine the root causes of the accident and implement measures to prevent a similar incident from occurring in the future. In certain cases, particularly those involving serious accidents or potential regulatory violations, the Labor Inspectorate may initiate their own investigation. Where possible, health and safety committees or employee representatives should be involved in the investigative process.

Compensation Claims for Workplace Injuries and Illnesses

The social security system in Martinique provides compensation for medical expenses, lost wages, and disability benefits resulting from workplace accidents or occupational illnesses. Workers file claims with their local CPAM, and the employer must cooperate in providing the necessary documentation. The recognition of occupational diseases involves a specific procedure that includes medical examinations and expert assessments.

Additional Considerations

In most workplace accidents, workers are entitled to compensation regardless of fault. Employers may be held liable and potentially face additional penalties for accidents that arise from negligence or failure to comply with safety regulations. Workers and their families may want to seek legal guidance to navigate the compensation claim process and fully understand their rights.