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LEGAL FRAMEWORK
The New Caledonia Labour Code
An employer is required to inform, prevent, and protect every employee against the potential hazards and risks linked to their work. The NC Safety Passport supports companies in complying with article LP.261-1 of the New Caledonia Labour Code. Through this information, employees also become aware of their rights and duties under article LP.261-10 of the New Caledonia Labour Code.
Labour Code
The employer shall take the necessary measures to ensure the safety and protect the physical and mental health of workers. These measures include:
1° occupational risk prevention actions;
2° information and training actions;
3° the implementation of an appropriate organisation and resources.
The employer shall ensure these measures are adapted to take account of changing circumstances and shall strive to improve existing situations.
Every worker is responsible for taking care of their own health and safety, and that of any other persons affected by their actions or omissions at work, in particular by following the instructions given by the employer and those set out in the internal regulations, where applicable.
To meet these objectives, workers shall — in accordance with their training and their employer's instructions — in particular:
1° make proper use of machinery, devices, tools, hazardous substances, transport equipment, and other resources;
2° make proper use of the personal protective equipment provided to them and store it in its designated place after use;
3° refrain from arbitrarily disabling, altering, or moving the safety devices fitted in particular to machinery, equipment, tools, installations, and buildings, and use such safety devices correctly;
4° report any defect identified in the protection systems.