ច្បាប់ការងារនៃប្រទេសកម្ពុជា ជំពូក VIII
HEALTH AND SAFETY OF WORKERS
SCOPE OF APPLICATION
The provisions of the present Chapter shall apply to all enterprises of any kind, as stated in Article 1 of this law.
However, excluded from them are workshops where only family members are employed under the direction of the father, the mother, or guardian as long as the work is not performed using a boiler or mechanical or electric motors or the industry is not classified as dangerous or unsanitary.
All establishments and work places must always be kept clean and must maintain standards of hygiene and sanitation or generally must maintain the working conditions necessary for the health of the workers.
The Ministry in Charge of Labor and other relevant ministries shall prepare a Prakas (ministerial order) to monitor the measures for enforcing this article in all establishments subject to the provisions of this Chapter, particularly regarding:
- the quality of the premises;
- hygienic arrangements for the needs of personnel;
- beverages and meals;
- lodging of the personnel, if applicable;
- work stations and the seating arrangements;
- ventilation and sanitation;
- individual protective instruments and work clothes;
- lighting and noise levels in the workplace.
All establishments and work places must be set up to guarantee the safety of workers. Machinery, mechanisms, transmission apparatus, tools, equipment and machines must be installed and maintained in the best possible safety conditions. Management of technical work utilizing tools, equipment, machines, or products used must be organized properly for guaranteeing the safety of workers.
The Prakas covered in Article 229, shall also determine the measures for enforcing this article, particularly regarding:
- risks of falling;
- moving heavy objects;
- protection from dangerous machines and apparatus;
- preventive measures to be taken for work in confined areas or for work done in an isolated environment;
- risks of liquids spilling;
- fire prevention.
Without prejudice to the provisions in Articles 229 and 230 and the regulation for their enforcement, and if necessary, the Ministry in Charge of Labor can issue other Prakas in order to enforce the same legislative measures regarding the special regulations for certain professions or certain types of work.
The Prakas described in Articles 229 to 231 shall be issued after having consulted with the Labor Advisory Committee.
Visits to establishments and inspections of the enforcement of the legislative provisions and regulations regarding health, working conditions and safety shall be made by Labor Inspectors and Labor Controllers. Labor Medical Inspectors and experts in work safety shall collaborate to achieve these inspection missions.
After inspection, if infractions are found, the Labor Inspector shall serve notice on the manager of the establishment by indicating all points that do not conform to the provisions of Chapter VIII of this labor law and the Prakas for its implementation.
Before drawing up an official report, the Labor Inspectors and Controllers must serve notice on the managers of the establishments to conform to the provisions of Prakas for implementing Articles 229 to 231, when this procedure is required.
By derogation of this rule, the Labor Inspectors and Controllers can, without serving prior notice, write up an official report when they have identified a serious or imminent danger to the health or safety of the workers.
The procedure of serving notice must also be used when a dangerous situation is identified and resulted from an infraction of the general provisions even if they have not yet been the subjects of specific provisions for implementation.
Serving notice must be done in writing, either in the register of the establishment or by recorded delivery or registered letter with acknowledgement of receipt. Serving notice shall be dated and signed, with specification of the infractions or identified dangers, and set a deadline for remedying them.
If the infraction has not been remedied by the deadline, the Labor Inspector or Controller can write up an official report.
Before the expiration of the deadline, the employer can lodge a complaint to the Ministry in Charge of Labor. This complaint does not conflict with serving notice. The Minister can give a ruling on this within 30 days, with the clear justification. If there is no written notification of this ruling within the time allowed, the complaint is deemed accepted.
Labor health service
Enterprises and establishments covered by Article 1 of this law must provide the primary health care to their workers.
The Labor Health Service shall be led by one or more physicians who are called Labor Physicians and whose curative and preventive role consists in avoiding a deterioration of workers' health that is adversely affected by their work. In particular, they monitor the hygienic standards of the work, the risks of contagion and the workers' state of health.
Health records of the workers collected by medical personnel are confidential, and the information contained in the records cannot be given to the employer, to a union, or to any third party in a manner that could identify the employee.
However, data extracted from the files that do not identify the individuals can be used for the purposes of research on labor health or public health.
The provisions of the preceding paragraph do not prevent the files from being given to the Labor Health Inspector or to the Labor Inspector, who can have access to these files at any time upon request.
Depending on the necessity of the enterprise, the labor health service can serve a single enterprise or jointly serve several enterprises.
The cost of organizing and operating the labor health service is borne by the employer. For inter-enterprise services, the costs are distributed proportionally based on the number of employees at each enterprise.
As of the date set by a joint Prakas (ministerial order) of the Ministry in Charge of Labor and the Ministry of Health, there shall be physicians specialized in labor health necessarily taking up the positions of Labor Physicians.
All enterprises and establishments covered by Article 238 of this law and employing at least fifty workers shall have a permanent infirmary on the premises of the establishment, workshop, or work site.
This infirmary shall be run by a physician assisted by one or more male or female nurses, based on the number of workers.
During working hours, both day and night, there shall always be at least one male or female nurse present.
The infirmary shall be supplied with adequate materials, bandages and medicines to provide emergency care to workers in the event of accidents or occupational illness or sickness during work.
Expenses incurred in organizing and operating this infirmary are the responsibility of the employer.
When an enterprise covered by Article 228 has one or more branches or work sites that employ a total of at least fifty workers and are located more than five kilometers from the main work site, the employer is required to provide the branches or work sites with the same means as the main work site to assist and to treat workers. This includes medical personnel, buildings, materials, bandages and medicines.
When there are more than 200 workers, the infirmary must include, in addition to medicines and bandages, areas for hospitalizing the injured and sick before they are transferred to a hospital or isolated if necessary. These areas must be able to handle two per cent of the personnel employed at the site.
Care, treatment, and food for the injured and sick persons hospitalized in the infirmary are the responsibility of the employer.
Apart from the measures in the preceding articles, the employer is required to cover these expenses:
1) the service of chemical prophylaxis on their sites;
2) vaccination against epidemics.
In the case of an epidemic, the Minister of Health can order extraordinary preventive measures at work sites.
The Ministry in Charge of Labor and the Ministry of Health shall issue a joint Prakas to determine:
a) the organization and operation of the labor health services; the maximum time that the labor physician must devote to personnel at the establishments in question based on the size of their work force and the nature of their activities, as well as the physician's mandatory tasks;
c) the frequency and the content of the reports to be filed by the manager of the enterprise or by the representatives of the inter-enterprise services with regard to the organization, operation and financial management of the health service.
The Ministry in Charge of Labor shall issue a Prakas to determine:
a) the conditions under which pre-employment, re-employment, periodical, and special physical exams are given;
b) the number, qualifications, and the duties of the medical personnel to be employed;
c) the conditions under which employers are required to establish and provide at their expense:
- the infirmary specified in Article 242;
- a bandaging room for a work force of 20 to 50 workers;
- a first aid kit for a work force of fewer than 20 workers, and with particular regard to the infirmary, the number of rooms, the area space, the equipment and their purpose based on the number of workers employed when medical exams are conducted at the enterprise, whether or not the enterprise has an autonomous medical service;
d) the medical exams of workers as stipulated in point a) of this article.