The works owner who plans to set up a work site of a certain size (building or engineering work sites), whether mobile or temporary work site, is required to submit a prior notice to the Inspectorate of Labour and Mines (ITM).
The notice will allow to identify the work site, the main operators but also the number of workers, companies and independent contractors on the premises.
The information on the notice must be regularly updated and posted on the premises of the work site.
The works owner must task the safety and health officer (in charge of the project) with the obligation to submit a prior notice (avis préalable - AP) to the Inspectorate of Labour and Mines (ITM) in the case of work sites of a certain size.
This is not to be confused with the main contractor, who is the natural or legal person (architect or engineer) responsible for the design and/or the direction of the works or a part of the works.
The safety and health coordinator is responsible for submitting the prior notice for work sites to the Inspectorate of Labour and Mines (ITM) every time:
- the expected duration of the works exceeds 30 work days and the work site employs more than 20 workers at the same time, or;
- the estimated volume of the works is exceeding 500 man-days.
The works owner must, before anything else, apply for a building permit to the commune in which the work site will be set up. The building permit (permis de bâtir) is issued by the mayor of the commune.
The works owner must also appoint 2 coordinators responsible for the health and safety on the work site: one is responsible during the project phase and the other will be responsible during the actual work phase.
Before setting up a work site which requires a prior notice, the works owner must make sure that the safety and health project coordinator has established a general plan for safety and health.
The prior notice has to be submitted to the Inspectorate of Labour and Mines preferably by email at least 10 working days prior to the beginning of the works.
The notice can also be sent by post (3, rue des Primeurs L-2361 Strassen or B.P. 27 in L-2010 Luxembourg).Or it can be submitted online via the procedure on the MyGuichet platform.
The prior notice (a template is available on page 17 in this brochure) must include the following information:
- date of communication;
- exact work site address;
- name(s) and adresse(s) of the works owner and the main contractor;
- the nature of the works;
- name(s) and adresse(s) of the safety and health coordinators responsible for the project and the work site;
- planned start date of the works;
- planned duration of the works;
- planned maximum number of workers on the work site;
- planned number of companies and independent contractors on the work site;
- identification of the companies already selected.
The prior notice must be posted up in a visible manner on the work site, preferably on the outer fences and protected from bad weather by a plastic cover.
Updates of the prior notice must be sent to the Inspectorate of Labour and Mines, without request from the latter and as soon as possible, in the following cases:
- reduction of the planned duration of work, if the work is carried out simultaneously or with shifts which were not initially planned;
- increase in the number of workers who are present at the same time on the work site, increase in the number of employers or independent contractors;
- arrival of new contractors (new companies or subcontractor);
- change of works owner or main contractor;
- change of safety and health coordinator.
If no prior notice is sent to the Inspectorate of Labour and Mines, the possible sanctions are imprisonment from 8 days to 6 months and/or a fine of EUR 251 to 25,000.