Background information

As part of its mission to prevent occupational risks and protect health and safety in the workplace, labour inspectors of the "Inspection du travail et des Mines" (ITM) "Controls, Worksites and Authorisations (CCA)" and "Secondment (DET)" departments regularly carries out inspection missions at workplaces in order to protect the workforce. Legal reference: Labour code, Book VI - Administrations and Bodies (Law of 21 December 2007), "Title I - Labour and Mines Inspection". Chapter 1 - General attributions and definition, Art. L. 611-1 - Art. L-615-2

Content of measure

During the annual collective leave, which ran from 31 July 2020 to 23 August 2020 for the construction sector and from 3 August 2020 to 23 August 2020 inclusive for the trades of plumbing, heating and air conditioning installers, the ITM carried out verification controls of employer obligations to ensure the health of its workforce. Two hundred eighty-three inspections concerning 197 companies on 174 worksites were performed. Concerning occupational health and safety violations, 55 worksite closures were issued as well as twenty-eight injunctions were issued against companies to regularize occupational safety and health violations. The information did not specify the non-respect of COVID-19 protection regulations (wearing masks, social distancing) had been specified by the ITM.

Use of measure

During the controls carried out by the ITM a series of infringements of the labour legislation in force were noted (working in spite of collective leave, endangerment of employees, non-compliance with commodo/incommodo procedures (measuring the impact on the environment or the health of workers), employment of illegal workers or miners, etc.). During this intervention, no non-compliance with the security measures established in the framework of the COVID-19 crisis has been specified in the communication by the ITM.

Target groups

Workers	Businesses	Citizens
Applies to all workers	Sector specific set of companies	Does not apply to citizens

Actors and funding

Actors	Funding
Public employment service	No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Unknown	Unknown
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• No involvement
• Main level of involvement: Unknown

Involvement

n.a.

Views and reactions

n.a.

Sectors and occupations

Sources

• 30 November 2020: Assessment of the ITM's controls during collective leav (gouvernement.lu)