Workplace Accidents: Procedure and Consequences

Workplace risk prevention is everyone's responsibility: employees, businesses, and society.

1- Employee's Question
"I work for a Moroccan company in the metallurgical industry. Employees often handle dangerous machines. I worked with a sheet metal cutting machine. I had used it for years and was comfortable with it. One day, I was careless, and my right hand was caught in the blade. I lost three fingers. The company covered all my hospital and medical expenses, but a problem remains.

I was off work for two months, and the company stopped my salary. Worse, I received no compensation after the accident. I'm currently unemployed because management is delaying my return to work. I need information on Moroccan law regarding workplace accidents."

2- Employer's Opinion
Our company prioritizes employee safety and has had a safety and prevention strategy for years. All employees are provided with necessary protective equipment. Managers regularly conduct training sessions on machine operation to prevent accidents. Unfortunately, despite our precautions, employee carelessness can lead to tragedy.

The accident three months ago illustrates this. The investigation revealed that the accident was caused by failure to follow basic safety rules. The employee didn't take the required precautions. It was a serious mistake, and management hasn't decided how to handle it yet.

3- Lawyer's Advice
Workplace risk prevention is everyone's responsibility: employees, businesses, and society. In high-risk sectors, employees may suffer accidents while working. Workplace accidents are categorized into four types: First, accidents without downtime, where the employee can return to work immediately (minor injuries). Second, temporary disabilities causing days, weeks, or months off work, as determined by a doctor (cuts, punctures...).

Third, permanent disabilities, such as amputations from machinery or functional impairment from a fall. Finally, fatal accidents from falls, handling equipment, transport vehicles, electrocution, or explosions. Accident victims must inform their employer within 24 hours, except in cases of force majeure. The employer must report the accident to local authorities within 48 hours; otherwise, the employee can report it within two years.

The employer covers the employee through workplace accident insurance. Workplace accident insurance became mandatory for all employers under the 65-99 Labor Code. This covers medical, pharmaceutical, hospital, prosthetic, and rehabilitation costs. Victims receive daily payments of 2/3 of their salary from the day after the accident until their return to work. Permanent disabilities result in a pension based on the percentage of disability. A pension is also paid to dependents in case of death.

Prevention is key to avoiding accidents. While costly and requiring long-term investment, it ensures employee safety and minimizes professional risks. It's a long-term investment for any business. Prevention involves training and information. Internal or external actors can be involved. The employer is the primary internal actor responsible for safety.

Article 289 states that employers must inform employees of legal provisions regarding machine safety. They must display clear notices at the workplace outlining machine dangers and precautions. Employers must ensure all necessary measures for employee health and safety. They cannot ask employees to use machines without safety devices or handle loads that compromise their health and safety.

Employees also share responsibility, especially if they are informed and have personal protective equipment. According to Article 293, failing to follow safety rules for dangerous work by informed employees, as described in Article 289, is a serious offense that can lead to dismissal without notice, severance pay, or compensation. All employees must respect health and safety regulations (notices, signage, pictograms) and not use machines without safety devices.

Employee representatives play an important role in safety and risk prevention, particularly the safety and hygiene committee and the works council through training and production strategies. Employee delegates and union representatives are involved in workplace prevention through individual requests, demands, and collective bargaining.

Occupational physicians and safety services have a preventative role. They advise employers on workplace health and safety to improve working conditions and prevent professional risks. Many external actors are involved. The labor inspectorate enforces legislation and regulations. It also provides information and advice.

Professional and trade unions promote awareness and training. Insurers advise companies on economic risk management, and accredited verification and control bodies also play a role.

Abdessamad Drissi, Labor Inspector


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