Moroccan Labour Code: Employer Obligations for Occupational Health and Safety

Law No. 65-99 establishing the Moroccan Labour Code dedicates an entire section to workers’ hygiene and safety. This article explains the employer’s main legal obligations, occupational health services, the 50-employee threshold for independent occupational health services, and the establishment of the Health and Safety Committee.

Introduction

The Moroccan Labour Code, promulgated by Dahir No. 1-03-194 of 11 September 2003, is a fundamental legal instrument governing employment relations and working conditions in Morocco.

Law No. 65-99 dedicates Book II, Title IV, Articles 281 to 344, to workers’ hygiene and safety. These provisions address workplace hygiene, occupational risk prevention, occupational medicine and the Health and Safety Committee.

Employers must comply with these requirements according to their activities, workforce and applicable implementing regulations. Compliance with the law is mandatory, while management systems such as ISO 45001 can support prevention efforts without replacing statutory obligations.

1. Article 281: Workplace Hygiene and Cleanliness

Article 281 requires employers to ensure that workplaces are maintained in a constant state of cleanliness and provide the hygiene and sanitary conditions necessary to protect workers’ health.

In practice, employers should:

Keep premises and work areas clean.
Prevent risks associated with unsanitary conditions.
Implement hygiene measures appropriate to the activity.
Comply with general and specific regulatory requirements applicable to particular occupations and tasks.

These obligations must be assessed in light of the actual risks present in the workplace. Additional measures may be necessary when workers are exposed to hazardous substances or particular working conditions.

2. Article 291: Payment for Time Spent on Mandatory Hygiene Measures

Article 291 provides that time spent by workers complying with compulsory hygiene measures imposed on them must be paid by the employer as working time.

This provision concerns the time required to carry out mandatory hygiene measures. Depending on the work organization and the risks involved, it may cover certain compulsory personal-cleaning or decontamination procedures.

However, each situation must be assessed according to the measures actually required and the circumstances of the work. It would be too broad to claim that every shower, clothing-change or undressing period is automatically subject to the same payment rules in all circumstances.

3. Articles 304 and 305: Occupational Health Services and the 50-Employee Threshold

The Moroccan Labour Code establishes requirements for the organization of occupational health services.

Companies Employing at Least 50 Workers

Article 304 requires an independent occupational health service in industrial, commercial and craft enterprises, as well as agricultural and forestry operations and their dependencies, when they employ at least 50 workers.

Article 304 also provides for this obligation in certain enterprises and workplaces where employees are exposed to occupational disease risks, subject to the conditions established by law.

Companies Employing Fewer Than 50 Workers

Article 305 provides that the relevant enterprises employing fewer than 50 workers must establish either an independent occupational health service or a joint service, under the conditions set by the government authority responsible for labour.

An inter-company occupational health service can therefore enable several establishments to share medical services in accordance with the applicable rules.

Important: The 50-employee threshold does not mean that smaller companies are exempt from all occupational health obligations. Articles 304 and 305 must be read together, taking account of occupational risks and the applicable implementing regulations.

4. Articles 310 to 314: Qualifications and Professional Independence of the Occupational Physician

Qualifications of the Occupational Physician

Article 310 requires the occupational physician to:

Hold a diploma certifying specialization in occupational medicine.
Be registered with the Medical Association.
Hold authorization to practise medicine.

Article 311 establishes additional requirements for foreign occupational physicians, including the authorization required under the regulations governing the employment of foreign nationals.

Employment Contract and Professional Independence

Under Article 312, the occupational physician is linked to the employer or the person responsible for the inter-company occupational health service through an employment contract that respects professional ethical rules.

Article 314 specifies that the occupational physician must perform their duties with full professional freedom and independence, both in relation to the employer and to employees, while taking into account the requirements of their profession.

Employers must therefore respect the physician’s professional independence and must not obstruct the performance of their duties.

5. Article 326: Facilities and Access for the Occupational Physician

Article 326 requires the head of the enterprise to provide the occupational physician with all necessary facilities to monitor compliance with working conditions, particularly requirements concerning hygiene and safety in hazardous work covered by the Labour Code.

The occupational physician must also be able to cooperate with the doctors treating employees and with anyone whose contribution may be useful to the physician’s work.

In practice, employers should organize this cooperation and avoid unjustified interference with the occupational physician’s duties, while respecting the rules governing the confidentiality of medical information.

6. Occupational Accidents and Diseases

Occupational accidents and diseases are governed, in particular, by Law No. 18-12 on compensation for occupational accidents, together with the applicable insurance legislation.

Employers concerned are required to maintain insurance coverage for occupational accidents and diseases by taking out a policy with an authorized insurance company.

According to information published by CLEISS, the employer must report an occupational accident to the insurer within a maximum period of five days.

When an accident occurs, the employer should:

Arrange emergency assistance and ensure that the injured worker receives appropriate care.
Complete the required notifications within the statutory deadlines.
Preserve the information and documents necessary for processing the claim.
Cooperate with the competent authorities and the insurer.
Investigate the causes of the accident and implement corrective measures.

Additional formalities and applicable deadlines must be verified according to the circumstances and the legislation in force.

7. Articles 336 to 344: The Health and Safety Committee

Which Companies Must Establish a Committee?

Article 336 requires a Health and Safety Committee (HSC) in industrial, commercial and craft enterprises, as well as agricultural and forestry operations and their dependencies, employing at least 50 workers.

Committee Composition

Under Article 337, the committee includes:

The employer or the employer’s representative, who chairs the committee.
The head of the safety service or, in the absence of such a service, an engineer or technical manager appointed by the employer.
The enterprise’s occupational physician.
Two employee representatives elected by the employee delegates.
One or two trade union representatives from the enterprise, where applicable.

The committee may also invite any person within the enterprise whose skills or experience could contribute to occupational hygiene and safety.

Main Responsibilities of the Committee

Article 338 assigns the committee several responsibilities, including:

Identifying occupational risks to which employees are exposed.
Monitoring compliance with legislative and regulatory requirements concerning safety and hygiene.
Checking the proper maintenance and use of protective equipment.
Contributing to environmental protection within and around the enterprise.
Proposing improvements to work methods and equipment.
Providing opinions on the operation of the occupational health service.
Promoting occupational risk prevention and a safety culture.

Meetings, Investigations and Records

Article 339 provides that the committee must meet at least once every three months and whenever necessary. It must also meet following an accident that has caused, or could cause, serious consequences.

Under Article 340, the committee must investigate occupational accidents, occupational diseases and work-related illnesses in accordance with the procedures established by law.

Article 341 provides for the transmission of the investigation report to the competent labour inspection officers within 15 days following the accident or the identification of the relevant disease.

Article 342 also requires an annual report on the development of occupational risks within the enterprise. This report must be submitted within the statutory period of 90 days following the relevant year.

Finally, Article 343 requires certain documents to be recorded in a special register, including minutes relating to serious accidents, the annual report on occupational risks and the annual prevention programme. This register must be made available to labour inspection officers and the labour medical inspector.

8. How Employers Can Organize Legal Compliance

To structure their compliance efforts, employers can implement the following actions:

Identify the legal requirements applicable to their activities.
Assess occupational risks and update prevention measures.
Organize occupational health services in accordance with applicable requirements.
Verify the validity of insurance coverage for occupational accidents and diseases.
Establish a Health and Safety Committee whenever the legal conditions are met.
Organize the required meetings, investigations and reports.
Train and inform employees about occupational hazards and safety procedures.
Maintain statutory records and evidence of preventive actions.
Regularly assess the effectiveness of the measures implemented.

A management system based on ISO 45001 can help organize these activities, but it does not replace the requirements of the Moroccan Labour Code.

Conclusion

The Moroccan Labour Code establishes a range of obligations designed to protect workers’ health and safety. These include workplace hygiene, payment for time spent on mandatory hygiene measures, the organization of occupational health services and the establishment of a Health and Safety Committee in qualifying enterprises.

The 50-employee threshold is an important reference point for independent occupational health services and the Health and Safety Committee. However, it must not be interpreted as a general exemption from occupational health obligations for smaller companies.

For employers and HSE professionals, the priority is to identify the legal provisions applicable to their establishments, document preventive measures and maintain a process of continual improvement.

Official Sources and References

International Labour Organization — NATLEX: Moroccan Labour Code, Law No. 65-99
https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=67319
General Secretariat of the Government — Official Bulletin No. 5210
https://www.sgg.gov.ma/BO/bo_fr/2004/BO_5210_Fr.pdf
World Intellectual Property Organization — WIPO Lex: Moroccan Labour Code
https://www.wipo.int/wipolex/
CLEISS — Social Security in Morocco: Occupational Accidents and Diseases
https://www.cleiss.fr/docs/regimes/regime_maroc.html
Order No. 3124-10 of 22 November 2010, concerning the implementation of Articles 305 and 330 of the Labour Code
https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=91341