The International Labor Organization has reported 5,000 workers dead as a result of workplace accidents. Alarming figures, which lead to reflection on a reform of the health and safety system at work.
In figures, the report entitled “Joint estimates of the burden of work-related illnesses and injuries, 2000-2016”, indicated that the number of Moroccans who died from causes related to their work was around 4,933 in 2016, against 5,046 in 2010, adding that the percentage of these deaths in Morocco represents 19.4% of 100,000 people, and 19 , 4% of 100,000 people under the age of 15.
Regarding the causes of these deaths, the same report found that the rate of people dying from stroke due to long working hours in 2016 was around 1041 people, compared to 1075 people in 2010, while the number of people who died from ischemic disease due to continuous work for long hours was around 1,795 people, compared to 1,775 people in 2010. Alarming findings stemming from a flouted understanding of work accidents in Morocco.
What is a work accident?
From slips to falls, including burns, electrical hazards or dangerous tools… work accidents do not spare any company or any sector of activity.
According to Maitre Nkaira, lawyer in business law in Casablanca, contacted by MoroccoLatestNews FR, “An accident at work is considered to be any accident suffered by an employee as a result of or during the performance of his work, even if the accident results from a case of force majeure”.
According to him, the work accident “Must be within the framework of the employee’s professional activity, and in the premises of the company, break times are taken into account; and the work accident must result in bodily or psychological injury ”.
Indeed, still according to the specialist, “An accident at work is considered the accident which occurs to a worker during the outward or return journey, between: 1 ° the place of work and his main residence or a secondary residence presenting a certain character of stability or any other place where the worker usually goes for family reasons; (2) the place of work and the place where the worker usually takes his meals, whether it be breakfast, lunch or dinner, even if this meal is usually taken with a relative or an individual; 3 ° the place where the worker usually takes his meals or his residence ”.
“The assimilation made above is only valid insofar as the route has not been interrupted or diverted for a reason dictated by personal interest and foreign to the essential necessities of everyday life or independent of employment ( article 4 of law 18/12) ”, underlines Maitre Nkaira.
How to declare a work accident?
The Moroccan legislator must follow the administrative procedure of declaration of the work accident by the employer to the work inspectorate within 15 days under penalty of a fine. The employer is required to contact his insurer within a maximum period of 5 days.
“The victim of a work accident or these beneficiaries in the event of death are not required to go through the administrative procedure, because according to law 18/12 the victim or these beneficiaries can apply for compensation directly to the court (article 15 and 186 of law 18/12) ”, Master Nkaira explains to us.
Thus, victims of occupational accidents are required to inform the employer or one of his representatives on the same day of the accident or within 48 hours except in cases of force majeure.
What about the conciliation procedure? ” The victim or these beneficiaries must go through a conciliation procedure by inviting the employer and his insurer to a conciliation. according to article 132 of law 18/12 ″, emphasizes the lawyer.
Any request to the court for compensation which is not preceded by a request for conciliation is formally rejected by the judge.
As for the allowances, they are calculated on the basis of the actual annual salary or on the basis of the minimum wage. The victim receives two indemnities
Total temporary ITT indemnity: This indemnity is daily paid on the basis of the daily salary, which is calculated on the basis of the weekly salary divided by six, or the monthly salary divided by 26, which enters into the calculation of the daily salary; salary and benefits in kind.
Compensation for permanent partial disability PPI: The victim receives an annuity equivalent to the annual salary multiplied by the percentage of the disability: 50% of the PPI if it does not exceed 30%. 50% of the PPI add to the part which exceeds 30% plus the 50% of this part which exceeds 30%. In the case where the PPI is between 30 and 50%. 45% of the PPI add to the part that exceeds 50%. in the event that the PPI exceeds 50%.
Workplace accidents, a global scourge
Internationally, again according to the aforementioned report, work-related illnesses and injuries caused 1.99 million deaths in 2016, and the majority of these work-related deaths were caused by respiratory and cardiovascular diseases.
The same source added that noncommunicable diseases are responsible for 81% of deaths and that the main causes of death are chronic obstructive pulmonary disease (450,000 deaths), stroke (400,000 cases) and ischemic diseases (350,000 cases). Work accidents, for their part, caused 19% of deaths, in total, 360,000 cases.
In the same context, the report indicated that the main risk of death was linked to long working hours, which caused 750,000 deaths. Exposure to workplace air pollution (particles, gases and fumes) also caused 450,000 deaths.
In this regard, Dr Tedros Adhanom Ghebreyesus, Director General of the World Health Organization, said: “ It is unfortunate and unacceptable to see so many people literally killed by their work ”.
‘Governments, employers and workers should take action to reduce exposure to risk factors in the workplace., added the manager.
In this sense, the report warned that work-related illnesses and injuries overload health systems, reduce productivity and can have catastrophic effects on household incomes, explaining that work-related deaths in relation to pollution have decreased by 14% between 2000 and 2016. This is due to improvements in aspects of health and safety in the workplace, but deaths from heart disease and stroke due to long working hours have increased by 41% and 19% respectively, showing an upward trend in this relatively new occupational psychosocial risk.