Maintaining A Security Protocol While Loading And Unloading Is Essential
During loading and unloading operations carried out by an
external company, this safety protocol replaces the prevention plan and also loading and
unloading companies in dubai are working about these services.
It was the decree of April 26, 1996, adapting certain safety
rules applicable to loading and unloading operations, which created the safety
protocol. This is an essential written document in the prevention of risks
in the company where such operations are carried out, when we are in the
presence of a host company and an external company transporting merchandise.
Dispensing with it today can have very serious consequences,
both for the safety of the personnel concerned and for recalcitrant employers
(see box below).
The carrier must comply with the safety protocol applicable
to the loading and/or unloading site where it operates and comply with the
safety rules in force there.
Safety Protocol
The protocol, a tool with regulated content The safety
protocol includes useful information for assessing the risks of all kinds
generated by the operation as well as the prevention and safety measures to be
observed at each stage of its implementation.
Its content varies according to the quality of the person
who will complete it, it being understood that each company involved in the
operation will draft its own security protocol.
If it is the host company , it includes, in particular,
the following information:
safety instructions, particularly those relating to the
loading or unloading operation;
the place of delivery or pick-up, the terms of access and
parking at the loading or unloading stations, accompanied by a map and traffic
instructions;
specific equipment and machinery used for loading or
unloading;
emergency resources in the event of an accident or incident;
the identity of the manager designated by the host company,
to whom the employer delegates, if necessary, his powers.
If it is the carrier , it must in particular describe:
the characteristics of the vehicle, its layout and its
equipment;
the nature and packaging of the goods;
the special precautions or constraints resulting from the
nature of the substances or products transported, in particular those imposed
by the regulations relating to the transport of dangerous materials.
Security Protocol
The security protocol is established within the framework of
an exchange between the interested employers, prior to the completion of the
operation. Each of the operations, as long as it is not repetitive, gives
rise to a specific security protocol. By repetitive nature, we mean
operations that relate to products or substances of the same nature and are
carried out on the same sites, according to the same operating method, and
using the same types of vehicles and handling equipment.
When loading or unloading operations involve the same
companies and are repetitive, they are subject to a single security protocol
established prior to the first operation. It then remains applicable as
long as the employers concerned consider that the conditions for carrying out
the operations have not undergone any significant modification in one of their
constituent elements.
When the service provider cannot be identified beforehand by
the host company or when the prior exchange has not made it possible to gather
all the necessary information, the employer of the host company provides and
seeks by any means appropriate items relating to the security protocol.
Violations
Sanctioned
The establishment managers of the host and transport
companies keep a copy of each safety protocol, dated and signed, at the
disposal of the social and economic committees (2) of the companies concerned
and of the labor inspectorate.
The Labor Code sanctions with a fine of up to €10,000 the
fact that the employer or his delegate fails to comply with the provisions
relating to the safety protocol through his personal fault. This amount is
increased to €30,000 and accompanied by a prison sentence of up to one year in
the event of a repeat offence. This fine is applied as many times as there
are employees of the company affected by the offence(s).
Prosecutions can also be initiated for manslaughter or
endangering the life of others. If an accident occurs due to a risk not
listed by the employer or the external company, the criminal liability of the
employers of the two structures may, depending on the circumstances, be
retained.
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