Luxembourg: the anti-smoking law comes into force

Workers protection. Initially the question of worker’s protection should have been addressed in a different legislative text, but the highest administrative authority (Conseil d’Etat) has convinced Parliament to integrate this concern in a single text. Thus Article 16 that has been added to the draft law submitted to the Chamber of Deputies again addresses the protection of workers against emanations from other people’s consumption of tobacco, which appears in a different draft piece of legislation. This provision is equally introduced in the modified law of 17th of June 1994 concerning health and safety in the workplace. “These new dispositions impose an obligation on the employer, obligation under which the detailed implementation of these measures can be achieved within a context of social dialogue”, as is stressed in the justification of the draft law contained in the introduction to this text. Article 16 determines that employers must take all measures possible to safeguard and improve the physical and psychological health of their workers. This entails avoiding as far as possible repetitive work, through organising tasks in an appropriate manner, and in taking the necessary measures to ensure that the workers are effectively protected against the emanations resulting from other people’s consumption of tobacco”. It is likewise foreseen that new regulations will lay down “ the employer’s obligations”.