Luxembourg: Labour Regulation
The Labour Inspectorate in Luxembourg - L'Inspection du Travail et des Mines (ITM) - forms part of the Ministry of Labour to whom its Director reports. The Inspectorate has close cooperation and collaboration with a number of other organisations and government departments who also have an interest in the subject of health and safety at work.
Responsibility for monitoring standards of health and safety for employees in all sectors of industry including commerce and the service industries but excluding those in the public service as described above, falls to the Labour Inspectorate. This will include monitoring the use of radio active substances at the workplace though the radio protection division of the Ministry of Health will also have an interest in the safety and health of employees who may be exposed to the hazards of radiation. The Ministry of Environment has responsibility for environmental pollution including that caused by waste disposal and noise.
With the reorganisation of the Labour and Mines Inspectorate in 1974, the Labour Inspectorate was given responsibility for ensuring the implementation of all legislation relating to the working conditions and protection of all employees subject to a contract of employment except those in the public service. This includes the requirements of specific mines and quarries legislation.
ITM has responsibility for many other matters apart from health and safety. These include:
- the prevention and resolution of industrial disputes
- the issue of operating permits to establishments and activities designated by law with the potential to create risks to the health and safety of the employees or the public or to create a nuisance
- the supervision of collective agreements
- the oversight of wages, hours of work and holidays
- the monitoring of the election of employee representatives, including adjudication on complaints of irregularities, for the whole area of working conditions including health and safety in those establishments employing more than 15 people
- the accreditation of certifying bodies under various Article 100A directives
- the production of standards as the competent standards making body for Luxembourg.
The following powers are given to all inspectors and controllers:
- to enter any place of work at any time of day or night without giving prior notice
- to enter during day-time any premises which can reasonably be assumed to be a place of work
- to carry out any examination, inspection or enquiry necessary to establish compliance or alternatively non compliance with the law
- to question any employer or employee and to require them to make a written statement of the matters on which they are questioned
- to require the production of any book, register, file or document relating to working conditions
- to require notices to be displayed in accordance with the relevant legislation.