Morocco

In Morocco, the foundation of health and safety laws is the country's Labour Code (Dahir No. 1-03-194 of 11 September 2003). This code outlines general responsibilities and rights. Other key legal and regulatory elements include Decision 93 08 of 12th May 2008, which sets detailed health and safety regulations, and laws that cover specific hazards in sectors like agriculture and public service.

Key Responsibilities

Employers are responsible for ensuring a safe and healthy workplace in all aspects. They must provide suitable personal protective equipment (PPE) to employees at no cost, implement prevention plans for occupational risks, and establish health and safety committees in companies with 50 or more employees. Employers are also required to conduct medical examinations for workers and inform and train workers about hazards and prevention methods.

Employees, on the other hand, are required to follow established safety rules and regulations, use PPE as instructed, participate in health and safety training provided by the employer, and report any hazards or unsafe situations they observe.

Health and Safety Committees

The Labour Code mandates the establishment of health and safety committees in companies with 50 or more employees. These committees play a consultative role and include the employer's representative, workers' representatives, and an occupational physician.

Committee’s Duties

The duties of these committees include carrying out workplace inspections, proposing preventive measures to improve health and safety, participating in risk assessments, and investigating work accidents and occupational diseases.

Occupational Diseases and Compensation

Morocco's Labour Code includes provisions on recognizing and compensating occupational diseases. Employers must insure workers against occupational diseases, which are defined as diseases contracted due to work activities. The National Social Security Fund (CNSS) administers the work injury compensation system.

Enforcement and Regulations

The Ministry of Employment and Social Affairs is responsible for overall health and safety policy development and enforcement. Labour Inspectors enforce compliance, conduct inspections, and can issue citations and closure orders.

Specific Hazards and Regulations

In addition to the Labour Code, Morocco has specific regulations for hazards including chemical hazards, biological hazards, and physical hazards.

Challenges in Health and Safety in Morocco

Challenges in health and safety in Morocco include a large informal sector, limited resources, lack of awareness, and outdated regulations.

Occupational health and safety (OHS) in Morocco is governed by a set of principles and regulations that aim to prevent workplace hazards and protect the health and safety of workers. These principles are outlined in the Labour Code and further detailed in Decision 93-08 of 12th May 2008.

Workplace Conditions

Regulations cover various aspects of the working environment, including air quality, temperature, lighting, noise levels, sanitation, and ergonomic considerations. These standards aim to ensure that workplaces are safe, healthy, and conducive to productivity.

Chemical Hazards

There are specific standards for the classification, labeling, handling, storage, and disposal of hazardous chemicals. These standards align with international best practices and aim to prevent chemical-related incidents and protect workers from harmful exposure.

Biological Hazards

In sectors such as healthcare, agriculture, and waste management, there are standards that define measures for preventing and controlling exposure to biological hazards. These measures are crucial in preventing the spread of diseases and protecting workers' health.

Physical Hazards

Regulations also address exposure limits and control measures for physical hazards, including noise, vibration, radiation, and extreme temperatures. These standards aim to protect workers from physical harm and long-term health issues.

Personal Protective Equipment (PPE)

Employers are required to provide appropriate PPE based on workplace risks. Regulations govern the types, use, and maintenance of PPE, ensuring that workers are adequately protected when performing their duties.

Emergency Preparedness

Standards mandate emergency plans, drills, first aid, and fire safety provisions. These measures are essential in ensuring a quick and effective response in case of emergencies.

Risk Assessment

Employers are required to conduct comprehensive risk assessments to identify and evaluate workplace hazards. This process forms the foundation for OHS interventions and is crucial in preventing workplace incidents.

Preventive Measures

Regulations emphasize the importance of preventing occupational hazards through engineering controls, administrative controls, and the use of PPE. These measures aim to eliminate or reduce risks at the source.

Medical Surveillance

Employers must arrange occupational health services for workers, including pre-employment, periodic, and work resumption medical exams. These services are important for the early detection of work-related health issues.

Information and Training

Employers are required to provide workers with clear information and training on workplace hazards, safe work practices, and the correct use of PPE. This training is key for effective OHS participation and helps to foster a culture of safety in the workplace.

Incident Reporting and Investigation

Work-related accidents and occupational diseases must be reported to the authorities. Employers are also required to investigate incidents to determine root causes and implement corrective actions. This process is crucial in preventing future incidents and improving overall workplace safety.

Workplace inspections are a crucial part of maintaining a safe and healthy work environment. They are carried out by authorized government officials known as labor inspectors, who are overseen by the Ministry of Employment and Social Affairs. The foundation for these inspections is provided by the Labour Code (Dahir No. 1-03-194 of 11 September 2003), which details the role of labor inspectors and the inspection process.

Roles in Workplace Inspections

The employer is required to facilitate access to the workplace for labor inspectors and provide necessary information and documentation. The labor inspector's role is to ensure compliance with Occupational Safety and Health (OSH) regulations. They have the authority to enter workplaces freely without prior notice, carry out examinations, controls, or investigations to verify compliance, order immediate actions to mitigate imminent risks, collect samples for analysis, and issue warnings, citations, or order work stoppages if serious violations are found. If present, employee representatives may accompany the labor inspector and point out potential issues.

Inspection Criteria

Labor inspectors evaluate compliance with a wide range of OSH regulations. These include workplace conditions such as cleanliness, ventilation, lighting, and temperature, hazard prevention measures like machine safety, chemical handling and storage, fire safety, and electrical safety, use of Personal Protective Equipment (PPE), emergency preparedness, implementation of occupational health services, and maintenance of accident and incident records.

Inspection Frequency

The frequency of workplace inspections in Morocco is not strictly defined. Factors influencing frequency include the size and sector of the workplace, workers' complaints about potential OSH violations, and follow-ups to serious workplace accidents or occupational disease reports.

Inspection Procedures

The inspection process begins with the labor inspector presenting their official identification. This is followed by an opening interview with the employer or representative, during which the scope and process of the inspection are discussed. The inspector then conducts a walk-through of the workplace, observing work processes, hazards, and control measures, and possibly interviewing workers. The inspector also reviews records such as accident & incident reports, risk assessments, and training records. The inspection concludes with a closing meeting, during which the inspector summarizes their findings, discusses potential violations, and mandatory actions. A formal report detailing the inspection findings and required corrective actions is then issued.

Follow-up Actions

Following the inspection, the employer must address identified OSH shortcomings within the timeframe set by the inspector. Follow-up inspections may be necessary to verify compliance. In cases of serious or repeated OSH violations, the Labour Code allows for fines and, in extreme circumstances, temporary or permanent closure of the workplace.

Workplace accidents are a serious concern and require immediate attention. Employers are legally obliged to report such incidents to the relevant authorities. Serious accidents and fatal injuries must be reported immediately to the labor inspectorate and local authorities. Minor accidents are typically recorded in an internal accident register, but reporting may be mandated by sector-specific regulations.

Entities Responsible for Reporting

The employer holds the primary responsibility for reporting accidents and occupational diseases. The occupational physician is involved in reporting confirmed cases of occupational diseases. Employee representatives may also play a role in reporting if a health and safety committee is in place.

Reporting Timelines

Immediate notification is required for serious accidents. For occupational diseases, reporting timelines are usually defined by the specific type of disease.

Investigation Process

Workplace accident investigations are mandated to understand the root causes and prevent future occurrences. The process typically involves securing the scene, gathering information, conducting a root cause analysis, documenting findings in an investigation report, and implementing corrective actions. The employer is responsible for addressing the identified causes.

Entities Involved in Investigations

The employer has the primary responsibility for investigating workplace accidents. The health and safety committee participates in investigations, especially in larger companies. The labor inspector may conduct their own investigation, particularly with serious accidents. Specialized experts may be engaged for complex accidents requiring technical expertise.

Compensation for Occupational Injuries and Diseases

The framework for work-related injury and disease compensation in Morocco is provided by Law No. 18.12. The National Social Security Fund (CNSS) manages the work injury compensation system. Compensation entitlements include medical treatment and rehabilitation costs, temporary disability benefits, permanent disability benefits, and survivor's benefits in the case of a fatal accident.

Claim Process

The claim process begins with a medical evaluation of the injured worker to determine the nature and extent of the injury or illness. The employer helps the worker file a claim with CNSS. CNSS reviews the claim and assesses eligibility for compensation. If approved, CNSS provides the entitled benefits.