Occupational Health and Safety Register in Morocco: Legal Requirements and Contents under the Labour Code

The Moroccan Labour Code provides for a specific register relating to occupational health and safety in establishments subject to the relevant legal requirements. Article 343 defines the documents that must be included in this register. It is important to distinguish these statutory requirements from additional records recommended as good professional practice.

1. What is the occupational health and safety register?

The special occupational health and safety register is a document used to record specific information relating to the prevention of occupational risks and the work of the Health and Safety Committee (HSC).

In Morocco, its legal basis is Article 343 of Law No. 65-99 establishing the Labour Code. This provision specifies the documents that must be included in the register and made available to the competent labour inspection authorities.

The register should not be confused with every other document used to manage health and safety in the workplace.

2. Which establishments are required to have a Health and Safety Committee?

Under Article 336 of the Moroccan Labour Code, a Health and Safety Committee must be established in industrial, commercial and craft establishments, as well as agricultural and forestry operations and their dependencies, when they normally employ at least 50 employees.

The committee contributes to the prevention of occupational risks and the protection of workers' health and safety.

Establishments that do not meet this threshold should nevertheless comply with the occupational health and safety obligations applicable to them.

3. What documents must be included in the register?

Article 343 of the Labour Code identifies three categories of documents that must be included in the special register:

3.1. Minutes of committee meetings following serious accidents

The register must contain the minutes of Health and Safety Committee meetings held following workplace accidents that have caused, or could have caused, serious consequences.

This requirement should not be interpreted as automatically requiring every ordinary committee meeting's minutes to be entered in this particular register.

3.2. The annual report on the development of occupational risks

Under Article 342, the employer must prepare an annual report on the development of occupational risks within the establishment.

This report must follow the model prescribed by the applicable regulations. The employer must send a copy to the labour inspector and the labour-inspection doctor within 90 days after the end of the calendar year.

3.3. The annual occupational risk prevention programme

The register must also contain the annual programme for preventing occupational risks.

This programme forms part of the establishment's preventive approach and should identify the measures planned to reduce workplace hazards and protect workers.

4. What are the Health and Safety Committee's responsibilities?

Articles 339 to 341 of the Labour Code establish several responsibilities for the committee and the employer.

The committee must meet at least once every quarter and whenever necessary. It must also meet following a workplace accident that has caused, or could have caused, serious consequences.

Under Article 340, the committee must investigate workplace accidents, occupational diseases and diseases of occupational origin. The investigation is carried out by two committee members: one representing the employer and one representing the employees.

The investigation report must follow the model prescribed by the competent authorities.

Under Article 341, the employer must send a copy of the report to the labour inspector and the labour-inspection doctor within 15 days following the accident or the diagnosis of the occupational disease.

These investigation reports are important health and safety documents. However, Article 343 does not expressly list every such report as a separate mandatory category of content in the special register.

5. Which additional records are recommended?

Beyond the documents specifically required by Article 343, an establishment may maintain additional records to improve the monitoring and management of occupational health and safety.

Depending on its activities and risks, these may include:

Minutes of ordinary Health and Safety Committee meetings.
Workplace inspection and safety audit reports.
Registers or records of workplace accidents and incidents.
Corrective and preventive action plans, including deadlines and responsible persons.
Equipment inspection and maintenance records.
Training and safety awareness records.
Records of risk assessments and updates to the risk prevention plan.
Follow-up records for recommendations made by the committee or competent authorities.

These documents can provide useful evidence of the establishment's prevention efforts. However, they should not all be described as mandatory contents of the special register under Article 343 unless another applicable legal or regulatory provision establishes that requirement.

6. Who must have access to the register?

Article 343 specifically requires the register to be made available to labour inspection officers and the labour-inspection doctor.

The register should therefore be kept in a location where it can be presented to these authorities when required.

The article does not expressly establish a general right for every employee or employee representative to access the entire special register. Other access rights or disclosure obligations may apply under separate provisions, depending on the document concerned.

7. How long must the register be kept?

Article 343 does not specify a general retention period for every document included in the register.

The employer should therefore verify the retention requirements applicable to each document under the relevant legislation and regulations. As a matter of good practice, records should be preserved in an organised and traceable manner, with appropriate protection against loss or unauthorised alteration.

A retention period should not be presented as a specific legal obligation unless it is supported by an applicable provision.

8. What are the penalties for non-compliance?

Article 344 of the Moroccan Labour Code provides for a fine of MAD 2,000 to MAD 5,000 for failure to comply with the provisions of the relevant chapter on Health and Safety Committees.

The applicable penalty depends on the legal obligation breached and the circumstances of the case. It would therefore be inaccurate to claim that every missing document or every administrative irregularity automatically attracts this fine.

Employers should verify the applicable legal provisions and seek guidance from the competent labour inspection authority when necessary.

9. Practical recommendations for employers

To improve occupational health and safety document management, employers should:

Determine whether their establishment is legally required to establish a Health and Safety Committee.
Maintain the special register required by Article 343 where applicable.
Include the three categories of documents expressly specified by the law.
Prepare the annual occupational risk report and prevention programme within the applicable framework.
Ensure that accident investigations and their reports comply with Articles 340 and 341.
Meet the statutory deadlines for transmitting the relevant reports.
Keep supplementary records that help demonstrate effective prevention and corrective action.
Make the register available to the competent labour inspection authorities.

10. Legal references

The main legal references for this subject are:

Moroccan Labour Code, Law No. 65-99: Articles 336 and 339–344, relating to Health and Safety Committees, accident investigations, annual reporting and the special register.
Decree No. 2-09-197 of 22 March 2010: relating to the annual report on occupational risks and the applicable reporting framework.
International Labour Organization: Morocco's ratification status should be checked against the official NORMLEX database before making claims about the applicability of a particular international convention.

Official and reference sources:

Moroccan Labour Code — WIPO Lex: https://www.wipo.int/wipolex/fr/legislation/details/7371
Health and Safety Committees — Fiscamaroc: https://www.fiscamaroc.com/fr/travail/conditions-de-travail-et-la-remuneration-du-salarie-788/les-comites-de-securite-et-de-lhygiene-840.htm
ILO NORMLEX — Ratifications by Morocco: https://normlex.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:102993

Conclusion

The special occupational health and safety register provided for under Article 343 of the Moroccan Labour Code has a specific legal purpose and defined contents. It must include the relevant committee minutes following serious accidents, the annual report on the development of occupational risks, and the annual occupational risk prevention programme.

Other documents, such as routine inspection reports, general accident records and corrective-action tracking, can strengthen an establishment's prevention system. They should nevertheless be distinguished from the three categories expressly identified by Article 343.

Establishments should verify the legislation applicable to their activities and maintain organised, accurate and traceable occupational health and safety records.