Posted the: 2003-03-14 Numac: 2003012102 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE 25 February 2003. -Law concerning measures to strengthen the prevention of workers welfare during the execution of their work (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
Chapter I. -The protection of temporary workers s.
2. in chapter IV of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work, including articles 9, 10, 11 and 12 current form "1st - external contractors work Section", a section 2, worded as follows is added: 'Section 2 - work of the interim among users.
S. 12bis. The provisions of this section apply to the user and the temporary employment business as referred to in the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers available to users.
S. 12B. Any user of temporary workers is obliged to refuse the services of the company of temporary work which he can know it does not respect its interim, the obligations imposed upon him by this Act and by the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users and by their orders of execution respective.
The provision referred to in paragraph 1, without prejudice to the obligations of the user towards temporary workers under this Act and the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users and their execution orders.
12quater. any temporary employment business shall refuse to put his acting at the disposal of the user for whom she can know that fails to respect its temporary workers, the obligations imposed by this Act and by the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers available to users and by their orders of execution.
The provision referred to in paragraph 1, without prejudice to the obligations of the temporary employment business for temporary workers under this Act and the Act of 24 July 1987 on temporary work, temporary work and the placing of workers at the disposal of users and their execution orders.
» Art. 3. article 13 of the Act is replaced by the following provision: "the provisions of chapter IV, Section 1 shall not apply to temporary sites or mobile referred to in chapter V." art. 4. article 85 of the Act is supplemented as follows: «, as well as the user, its agents or servants who have committed an infractioin to the provisions of article 12B and the temporary employment business, its agents or servants who have committed an offence under the provisions of article 12quater. ".
CHAPTER II. -The prevention of labour accidents repeat serious art. 5. in the Act is inserted a XIbis chapter, as follows: "chapter XIbis. -Measures to prevent the recurrence of serious workplace Section 1st. -Definition art. 94bis. for the purposes of this chapter, shall mean: 1 ° work accident serious: an accident at work which must be declared by the employer to the officials charged with monitoring, referred to in article 80, due to its severity, with safety work in their skills.
The King fixed by Decree deliberated in the Council of Ministers-criteria which the accident at work must meet to be considered as serious occupational accident;
2 ° expert: an expert in examination of accidents the serious work, which is repeated on a select established by the authority depend on officials responsible for monitoring, referred to in article 80, having the security of working in their skills.
Section 2. -Designation of the s. expert 94ter. without prejudice to the provisions of section 80 and after the employer has notified them a serious work accident, officials referred to in the preceding article shall designate an expert.
However, these officials can waive this designation on the basis of a detailed report that the employer has communicated within eight days of the accident.
Section 3. -The s. expert 94quater. the expert has the following missions: 1 ° examine the causes and the circumstances of the occurrence of serious work and formulate appropriate recommendations to prevent the recurrence of the accident.
2 ° take the elements of the investigation, the identified causes and recommendations in a report written;
3 ° communicating the report referred to in point 2 ° to each of the following persons: a) to the officials referred to in article 94bis.
(b) to the victim's employer;
c) as appropriate, to the company or to the establishment, referred to in article 94quinquies, § 2.
Section 4. -The fee of the s. expert 94quinquies. § 1. The expert perceives a fee for services provided in fulfilment of its missions.
6 2. The fees referred to the § 1 are due by the company in which the employer, referred to in article 94quater, 3 °, b, contracted insurance against labour accidents.
The absence of the insurance company referred to in paragraph 1, the fee is due by the institution that in the event of accident at work, ensures the workers compensation by the employer referred to in article 94quater, 3 °, b.
The fee is due to the expert or his employer on production of a claim detailing the services of the expert.
Section 5. --Representation of the amount of the fee of the s. expert 94sexies. the insurance company or the establishment, who have paid the fees for the services of the expert, can claim the amount to the employer referred to in article 94quater, 3 °, b, without that the amount claimed does not exceed EUR 300 per event on the occasion of which one or more workers have become victims of a serious work accident.
This amount is linked to fluctuations in the price index for consumption, in accordance with the law of 2 August 1971 organizing a system of binding to the index of prices to the consumption of the salaries, wages, pensions, allowances and subsidies to the public Treasury of certain social benefits, compensation limits to be taken into account for the calculation of certain contributions of social security of workers , as well as obligations in social matters to the self-employed;
to this end, the amounts are linked to the pivot index of application to the date of the entry into force of the Act of 25 February 2003 establishing measures to reinforce prevention welfare of workers during the performance of their work.
S. 94septies. to enable the expert to accomplish its tasks referred to in article 94quater, having been involved in the occurrence of serious work, people are required to collaborate with him.
S. 94octies. the King determines: 1 ° the conditions under which the experts should meet to be able to exercise their function and be included in the list referred to in article 94bis, 2 °;
2 ° the modalities for the appointment of the experts referred to in article 94ter;
3 ° procedures for missions of experts referred to in article 94quater;
4 ° the amount of the fee referred to in article 94quinquies, § 1;
5 ° the date of entry into force of the provisions of this chapter. » CHAPTER III. -Measures relating to the Inspection of work article 6. article 3, § 1, paragraph 2, of the law of 16 November 1972 concerning the Labour Inspectorate is completed as follows: «6 ° undertake the actions listed under 1 ° to 5 ° towards the independent that work on a single place of work with workers and have, as such, the obligations in accordance with the regulations on welfare of workers during the performance of their work;
7 ° order the cessation of any work to which, pursuant to regulations under their supervision, organizational measures must be taken, when these measures have not been taken and that, therefore, the safety or health of workers can immediately or at term be endangered.
This termination is ordered until those held these obligations have taken these measures;
8 ° order of complementary organizational measures regarding internal prevention and protection at work, which should be imposed in accordance with the rules on the welfare of workers during the performance of their work, when they find that organisational measures to be taken under this regulation are not supported or are only partially and that Therefore, the safety or health of workers immediately or at term may be endangered.
They can fix the time in which the additional organizational measures must be taken;
9 ° order measures, organizational measures y included, which are recommended to employers by counsel in the prevention of internal or external services for prevention and protection at work in order to ensure the safety and health of workers, where they find these employers
do not take these measures or that they take that partially, when due to this forbearance, they violate workers welfare regulations in the performance of their work.
They can also order to take alternative measures, leading to an at least equivalent result with regard to the safety and health of workers.
They can fix the time in which the additional organizational measures must be taken.
» Art. 7. article 3, §2, of the Act is replaced by the following provision: "§ § 2 2» Persons, with regard to which the measures referred to in this article have been prescribed or taken, may appeal against these measures to the Minister whose record social Inspector who prescribed these measures. The appeal is not suspensive.
The King lays down the procedures for the exercise of the remedies referred to in paragraph 1. » Art. 8. our Minister of labour is responsible for the execution of the Royal orders made under this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Brussels, 25 February 2003.
ALBERT by the King: the Minister of employment, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Mr. VERWILGHEN _ Note (1) Regular Session 2002-2003.
House of representatives.
Parliamentary papers. -Bill: 50-2167/001. -Annex 50-2167/002.
-Amendments: 50-2167/003 and 50-2167/004. -Report: 50-2167/005. -Text adopted by the Commission: 50-2167/006. -Text adopted in plenary and applied to the Senate: 50-2167/007.
Compte rendu intégral. -6 February 2003.
Parliamentary papers. -Project not referred by the Senate: 2-1459/1.