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Summary/citation: Occupational safety and health at the workplace is regulated by many different legislative documents, including the labor code, special legislations on governmental institutions, specific legislations related to particular hazards in addition to specific legislation on accidents, occupational diseases, and medical services at work. The laws are detailed and specific.
• Code du Travail.
• Imprimerie Officielle de la République Tunisienne
Summary/citation: The worker represents a party that provides for another party (the employer) personal services under the direction and control of the employer, in return for remuneration.
• Code du Travail. (§ 6)
Summary/citation: Special provisions address migrant workers.
• Code du Travail. (§§ 258-271)
Summary/citation: The labor law applies to private employment.
• Code du Travail. (§ 1)
Summary/citation: The employer represents a party that directs and controls another party (the employee) in the provision of services upon payment of remuneration.
Summary/citation: Included.
Summary/citation: Specific provisions for public servants are contained in Law No. 83-112 of 12 December 1983 and Law No. 85-78 of 5 August 1985.
Summary/citation: People working at sea are covered by the Code of Maritime Labour promulgated in 1967.
Summary/citation: An occupational disease list is included in the relevant decree dated 10 January, 1995.
• Decision of 5 June 2003 in relation to the list of occupational diseases
Summary/citation: The Ministry of Social Affairs is responsible for the management of occupational safety and health matters.
• Order No. 269 of 14 February 1996 in relation to the organization of the Ministry of Social Affairs (§§ 1,30)
Summary/citation: The objectives of the "Directorate of Occupational Safety and Health Inspection" include: (1) to ensure the enforcement of legal provisions in relation to occupational safety and health; (2) to participate in the improvement of provisions related to occupational safety and health; (3) to maintain records about the physiological health of workers; (4) to participate in the medical examination of workers, and to offer them advice/consultations in relation to occupational safety and health.
Additional functions also include: (1) observing medical services at the workplace, including those specific to victims of occupational accidents/diseases; (2) observing the status of occupational safety and health in different environments, and to participate in the investigation of work accidents and diseases; (3) participating in research in relation to occupational safety and health.
• Order No. 269 of 14 February 1996 in relation to the organization of the Ministry of Social Affairs (§ 30)
Summary/citation: This directorate consists of two "sub-directorates": 1. The sub-directorate for the inspection of medical services at the workplace includes the department responsible for the observation of medical services at work, and the department responsible for observing the aid offered for victims of occupational accidents and diseases. 2. The sub-directorate for observing occupational safety and health: includes the department responsible for observing work safety, and that responsible for observing the maintenance of a health environment at the workplace.
Summary/citation: A special OSH institute is to be formed which is responsible for setting OSH programs and research.
• Law No. 9 of 1996 in relation to the creation of the OSH institute (§ 2)
Summary/citation: The OSH institute is responsible for the following functions: -To conduct OSH research;-To conduct awareness raising in relation to OSH, and also to use the media for that purpose;-To offer technical assistance in the field;-To conduct constant training in relation to OSH.
Summary/citation: The law specifies the composition of the OSH institute.
• Décret no 2000-705 du 5 avril 2000, fixant l'organisation administrative et financière de l'institut de santé et de sécurité au travail et les modalités de son fonctionnement. (§§ 1-4)
Summary / Citation: The law describes financial matters related to the OSH institute. The main sources of funding include funds from the government, the income of the OSH institute and its activities, donations, and other sources of funding.
• Décret no 2000-705 du 5 avril 2000, fixant l'organisation administrative et financière de l'institut de santé et de sécurité au travail et les modalités de son fonctionnement. (§§ 17-22)
Summary/citation: Every employer shall take the necessary measures appropriate for the protection of workers and for risk prevention, including:1- Ensuring the protection of the health of workers at the workplace;2- Guaranteeing conditions that provide suitable working environment.
• Code du Travail. (§ 152(2))
Summary / Citation: Medical services at the workplace must conduct medical examinations for workers upon engagement and on a regular basis in order to ensure their protection from hazards at the workplace. Medical examinations shall occur at least once a year.
Restrictions / obligations: If the number of workers is five hundred or above, then the employer must create a special section/department that provides medical services. Establishments with less than five hundred workers must either create such departments in collaboration with other establishments, or to set up their own.
• Code du Travail. (§ 153)
Summary / Citation: The employer is required to hire an OSH officer who is responsible for monitoring the workplace to identify sources of danger and notify the employer about it in order to prevent risks and hazards.
• Code du Travail. (§ 154(5))
Summary / Citation: Employers must provide protective equipment to workers and train them on the proper use of these equipments.
Summary / Citation: The employer is required to hire an OSH officer who is responsible for ensuring the implementation of laws, regulations and conventions related to safety, and ensuring that workers use protective equipment.
Summary / Citation: The medical services at work shall be equipped with first aid kits.
• Decision of the Minister of Social Affairs and Tunisians Abroad of 27 October 2003 in relation to regulating the system of medical departments at the workplace (§ 10)
Summary / Citation: The law requires workplaces to provide suitable and adequate sanitary facilities for male and female staff to use.
• Décret n° 68-328 fixant les règles générales d'hygiène dans les entreprises soumises au Code du travail [loi n° 66-27 du 30 avril 1966, SL. 1966-Tun. 1]. (§ 12)
Summary / Citation: The employer must provide drinking water at the workplace.
• Décret n° 68-328 fixant les règles générales d'hygiène dans les entreprises soumises au Code du travail [loi n° 66-27 du 30 avril 1966, SL. 1966-Tun. 1]. (§ 1)
Summary / Citation: An eating area with tables and benches should be provided.
• Décret n° 68-328 fixant les règles générales d'hygiène dans les entreprises soumises au Code du travail [loi n° 66-27 du 30 avril 1966, SL. 1966-Tun. 1]. (§ 14)
Summary/citation: One of the responsibilities of the sub-committee on OSH include: - Preparing drafts of regulations and requirements relating to the health and safety in the company;- Creating programs on occupational risk prevention in the establishment and monitoring the implementation of these programs.
Restrictions / obligations: The establishment should include at least forty permanent workers.
• Code du Travail. (§ 161)
Summary/citation: The medical department at work is responsible for preparing a special report where occupational risks are recorded and workers are exposed to such risks. The occupational safety and health inspectors can have access to this written assessment.
• Décret no 2000-1985 du 12 septembre 2000 portant organisation et fonctionnement des services de médecine du travail. (§ 5)
Summary/citation: Every employer must provide measures for prevention at both individual and collective levels and ensure that workers adopt these measures.
Medical services are to be provided at the workplace. These services assume an essentially preventive role with respect to OSH. Responsibilities include the review and monitoring of workers' health, the performance of physical examinations at the time of hiring and during employment and protection from occupational risks.
Summary/citation: Every employer shall take the necessary measures to inform and educate workers about the risks of their profession. They shall also train workers on the use of protective equipment.
Summary/citation: The medical department at the workplace is required to monitor occupational safety and health measures and to work on the improvement of those measures.
• Decision of the Minister of Social Affairs and Tunisians Abroad of 27 October 2003 in relation to regulating the system of medical departments at the workplace (§ 2)
Remarks / comments: Consultations with employees on OSH matters occur indirectly throught the OSH subcommittee at the workplace.
Summary/citation: The employer is required to hire an OSH officer who is responsible for the following matters: 1- Ensure the implementation of laws, regulations and conventions related to safety;2- Supervise the implementation of safety programs;3- Monitor the workplace to identify sources of danger and warn in order to prevent the occurrence of risks and ensure the use of means of prevention;4- Identify the causes of accidents and present proposals to prevent and to ensure the safety of workers in the company;5- Ensure that workers use protective equipment;6- Conduct awareness and dissemination of preventive education among workers.
• Code du Travail. (§§ 154(5))
Summary/citation: Legal provisions request the assignment of OSH officers in different types of establishments.
• Décret no 2000-1989 du 12 septembre 2000 fixant les catégories d'entreprises tenues de désigner un responsable de sécurité du travail et les conditions devant être remplies par celui-ci. (§§ 1-6)
Summary / Citation: The worker is under a duty to comply with the requirements for health and safety at work and not to commit any act or failure that may prevent the implementation of these requirements. This includes the following: - Execute the instructions relating to the protection of his/her health and safety and that of employees working with him/her;- Use prevention means at their disposal and to ensure their conservation;- Participate in training courses and awareness activities with respect to health and safety at work;- Inform immediately their supervisor of any identified problems likely to cause danger to health and safety at work;- Submit to medical examinations are prescribed.
• Code du Travail. (§ 152(3))
Summary / Citation: The worker is under a duty to comply with the requirements for health and safety at work and not to commit any act or failure that may impede the implementation of these requirements. This includes compliance with the instructions relating to the protection of his/her health and safety and that of employees working with him/her in the company;
Summary / Citation: The employer is required to hire an OSH officer who is responsible for the following matters: - Ensure the implementation of laws, regulations and conventions related to safety;- Supervise the implementation of safety programs;
Summary / Citation: The worker is under the duty to comply with the requirements for health and safety at work and not to commit any act or failure that may prevent the implementation of these requirements. This includes the following: - Execute the instructions relating to the protection of his/her health and safety and that of employees working with him/her;- Use prevention means at their disposal and to ensure their conservation;- Participate in training courses and awareness activities with respect to health and safety at work;- Inform immediately their supervisor of any identified problems likely to cause danger to health and safety at work;- Submit to medical examinations are prescribed.
Summary / Citation: A National Committee on Occupational Safety and Health is to be created, which primarily has an advisory role.
• Décret no 96-1001 du 20 mai 1996 relatif au Conseil national de la prévention des risques professionnels. (§ 1)
Summary / Citation: The objectives of the National OSH Commitee are:1. Recommend measures that support the national policy on occupational safety and health;2. Offer recommendations on occupational safety and health matters, when requested by the Ministry of Social Affairs;3. Organize the activities of different institutions working on occupational safety and health.
Summary / Citation: The chairperson of the National OSH Committee is the Minister of Social Affairs. The members are representatives of other ministries, employers and workers among others. The total number of members is forty-eight.
• Décret n° 2007-2383 du 24 septembre 2007, portant modification du décret n° 96-1001 du 20 mai 1996 relatif au Conseil national de la prévention des risques professionnels. (§ 2)
Summary / Citation: A sub-committee on occupational safety and health shall be established at the workplace. This committee shall include representatives of workers.
Restrictions / obligations: The law requires the establishment of a sub-committee on occupational safety at workplaces where at least 40 permanent workers are engaged.
• Code du Travail. (§§ 157,161)
Summary / Citation: The law requires the establishment of a sub-committee on occupational safety at workplaces where at least forty permanent workers are engaged.
Summary / Citation: The time required for representatives to conduct their work or attend meetings shall be paid.
• Code du Travail. (§ 165)
Summary / Citation: A specific sub-committee on occupational saefty and health is to be created at the workplace.
Restrictions / obligations: The law requires the establishment of a sub-committee on occupational safety at workplaces where at least forty permanent workers are engaged.
Summary / Citation: Two representatives of workers are to be included within this sub-committee; these representatives are to be chosen by staff representatives.
Summary / Citation: The responsibilities of this sub-committee on OSH include: - Preparing drafts of regulations and requirements relating to the health and safety in the company;- Providing information, awareness and training in the field of health and safety;- Creating programs on occupational risk prevention in the establishment and monitor the implementation of these programs; - Carrying out investigations on occupational accident or serious diseases and proposing the necessary measures to control their causes.
• Arrêté du ministre de l'Intérieur du 16 octobre 2000 fixant les modalités du chargement, du transport et du déchargement des matières explosives utilisées à des fins civiles, les normes des moyens de leur transport et les règles de sécurité.
• Law No. 41 of 10 June 1996 in relation to the disposal of wastes
• Arrêté du ministre des affaires sociales du 5 mai 1988 déterminant le poids maximum des charges pouvant être transportées par un seul travailleur.
• Loi no 81-51 relative à la protection contre les dangers des sources des rayonnements ionisants.
Summary / Citation: There are specific areas where smoking is prohibited.
• Order No. 2248 of 16 Nov 1998 in relation to public places where smoking is prohibited
• Act No. 921-71 of 27 July 1992 on communicable diseases.
Summary / Citation: Serious misconduct described as "engaging during work or at the workplace in acts of violence or threats against any fellow worker or person not belonging to the enterprise" would justify dismissal of the employee.
• Code du Travail. (§ 14)
• Décret n° 2001-143 du 5 janvier 2001 fixant les règles de sécurité applicables au chargement, au déchargement et à la manutention des marchandises dangereuses dans les ports maritimes du commerce.
Summary / Citation: Every employer shall take the necessary measures in order to protect workers from the dangers inherent in machinery, equipment and products used.
Summary / Citation: Pregnant workers shall not work under radiation exposure. Women at reproductive age may be exposed to uniform levels but not to exceptional levels of radiation, as far as practicable.
• Order No. 43 of 28 March 1986 in relation to protection from ionizing radiation (§§ 15,20,32)
Summary / Citation: A special room for breastfeeding shall be fitted in any establishment employing at least fifty women.
• Code du Travail. (§ 64)
Summary / Citation: Specific provisions exist with respect to night work for women. Also, employers engaging female workers must ensure the maintenance of decency and compliance with public decency.
• Code du Travail. (§§ 65-74,76)
Summary / Citation: Children under the age of eighteen years may not be employed in all types of work governed by the labour law. Also, those below the age of eighteen can not be employed in work where the work circumstances/nature expose children's health, safety or morals to danger.
Restrictions / obligations: Exceptions exist for which employment of children below the age of sixteen years is allowed under the law:-Article 53-2: work in general education schools, vocational/technical and other training institutions. The minimum age of work is fourteen in light of specific programs described. -Article 54: establishments under the authority of the father, mother or guardian provided that the employment of children has no negative effect on their physical and mental health, development and education.-Article 55: the minimum age is reduced to thirteen years in the case of agricultural work described within this article (essentially the work shall not be harmful to the health and normal development of children and not affect their academic/vocational abilities).Also: Book 2, Chapter 3 titled "Night work for women and children" addresses employment of children.
• Code du Travail. (§§ 53,58)
Summary / Citation: The occupational physician must keep a medical record for each worker. Also, two reports shall be issued for each examination, one for the worker being examined, and the other for the employer. Furthermore, a yearly report shall be submitted by the occupational physicians including information about accidents.
• Décret no 2000-1985 du 12 septembre 2000 portant organisation et fonctionnement des services de médecine du travail. (§§ 10,11)
Summary / Citation: The occupational physician must keep a medical record for each worker. Also, two reports shall be issued for each examination, one for the worker being examined, and the other for the employer. Furthermore, a yearly report shall be submitted by the occupational physicians including information about diseases.
Summary / Citation: The employer must notify, within three working days, the Social Security Institute, the police/security center that is closest to the worksite, and the specialized inspectorate about any occupational accident/disease that occurred to any of the workers.
• Loi no 94-28 du 21 février 1994 portant régime de réparation des préjudices résultant des accidents du travail et des maladies professionnelles telle que modifiée et complétée par la loi no 95-103 du 27 novembre 1995 (Codification). (§ 63)
Summary / Citation: Labour inspectors are responsible for ensuring the implementation of legislation on occupational safety and health in coordination with medical inspectors.
• Code du Travail. (§ 174)
Summary / Citation: Labour inspectors have the power to enter freely and without previous notice at any hour of the day or night at any workplace liable to inspection control.
Summary / Citation: Labour inspectors have the right to examine workers and take samples of materials and products used and handled for analysis. These samples may include gases, vapours and other substances diluted in the atmosphere of the workplace.
Restrictions / obligations: The employer or his representative has to be notified that these samples are taken for analysis.
Summary / Citation: The medical inspectors are responsible for providing employers and workers with the information and technical advice on the most effective ways for the application of the legislation on health and safety at work.
• Code du Travail. (§ 291)
Summary / Citation: Inspectors may give notices to the employer to make the necessary changes to ensure the strict enforcement of laws, regulations or agreements concerning health and safety (the employer has a period of a minimum of 4 days).
Summary / Citation: The inspector has the right to stop work at the enterprise (partially or totally) in the case of danger.
• Code du Travail. (§ 175)
Summary / Citation: The law foresees a fine of 24-60 dinars [14.6USD-36USD] for anyone who violates articles 153-157 of the labour code (which relate to occupational safety and health) as well as decrees that relate to the labour code (§ 234).
The law foresees a fine of 144-720 dinars [87USD- 436USD] in case of contempt against an inspector (§ 240).
• Code du Travail. (§§ 234, 240)
Summary / Citation: In the case of a contravention of the provisions relating to health and the safety of workers, the judge may order measures of security or safety and set a deadline for their execution. If they have not been performed by the deadline, then the court may order the closure of the establishment.
• Code du Travail. (§ 238)
