The recent tragedy in Switzerland, where young people lost their lives in a nightclub that had reportedly not undergone a safety inspection for several years, has once again drawn attention to what can happen when oversight fails.
Behind every night out, meal, or concert lies a complex system of permits, inspections, and controls designed to protect the public, workers, and neighbouring residents. In Luxembourg, the Commodo legislation and the Labour Code set out who is responsible for authorising and inspecting restaurants, cafés, and nightclubs, and under what conditions they may operate.
In Luxembourg, Commodo legislation refers to the law governing classified establishments (établissements classés) that can potentially impact the environment, public health, safety, and neighborhood well-being, requiring specific operating permits to ensure compliance with environmental and safety standards.
Under the Commodo legislation, responsibility depends largely on an establishment’s capacity.
Restaurants with a capacity of more than 50 persons, cafés, and pubs accommodating over 100 persons, and nightclubs with a capacity between 100 and 500 persons fall under the authority of the Mayor.
Nightclubs with a capacity exceeding 500 persons, however, are authorised by the Minister of Labour and the Minister of the Environment.
The operating permit issued by the Minister of Labour sets out detailed conditions governing both the layout and operation of the establishments. These permits include, among other things, mandatory inspections and acceptance checks of safety installations, carried out by an approved inspection body (organisme de contrôle agréé).
Approved inspection bodies operate under the authority of the Labour Inspectorate (Inspection du travail et des mines, ITM). The permit specifies how inspection reports must be communicated to the ITM. While the initial acceptance inspection prior to opening must be submitted to the ITM, periodic inspection reports are not transmitted and must instead be kept by the operator in a dedicated safety register.
Establishments are inspected for the first time before commencing operations and are then subject to regular inspections. For safety installations, a 12-month inspection interval applies.
The aim of these inspections is to guarantee the safety of the public, neighbouring residents, and workers, as well as to protect workers’ health.
In addition to inspections carried out by an approved inspection body, the ITM may carry out inspections at any time. There is no fixed inspection frequency for ITM inspections, which may take place following a complaint, on the ITM’s own initiative, based on information from other authorities, where safety concerns arise, or at the request of the operator.
Independently of the Commodo legislation, the ITM is empowered under the Labour Code to inspect any undertaking employing at least one worker. This also applies to cafés, restaurants, bars, and nightclubs with a capacity below 500 persons that do not fall under the Commodo regime.
In such cases, inspections focus exclusively on compliance with the Labour Code and its implementing regulations.
For nightclubs with a capacity of more than 500 persons, the Minister of Labour requires inspections and acceptance checks, carried out by approved inspection bodies, in particular in the following areas:
These inspections verify compliance of the installations with the operating permit, applicable standards and Grand-Ducal regulations concerning the safety of the public, neighbouring residents and workers, as well as the health protection of workers.
In establishments subject to the Commodo legislation, inspectors also verify compliance with the Labour Code and its implementing regulations, in addition to compliance with the authorisation and its conditions. In establishments outside the Commodo regime, inspections are limited to Labour Code and applicable regulations.
In all cases, inspectors check that escape routes and emergency exits are clearly signposted and usable at all times, that firefighting equipment is present and regularly inspected, and that staff have received appropriate training.
In Commodo establishments, inspectors also verify that the number and dimensions of escape routes correspond to the authorisation and that fire compartmentation has been implemented in such a way as to prevent the spread of fire from one compartment to another.
In larger venues, inspectors also assess whether emergency procedures are clearly defined, roles and responsibilities are understood, and staff are familiar with evacuation protocols.
Operators must notify the competent authorities of any modification to an authorised establishment. Where changes affect public or worker safety, new conditions may be imposed and additional inspections required.
For establishments not subject to the Commodo regime, there is no general obligation to notify the ITM of changes, although other authorisations may still be required under different legal frameworks.
ITM inspectors are civil servants who, in addition to their academic training, have completed specific professional training at the ITM and are therefore authorised to carry out inspections in establishments.
They are empowered to verify compliance with legal and regulatory provisions in the fields of labour law, occupational safety and health and, where applicable, Commodo establishments.
They may visit premises, request documents and information, establish infringements, prescribe preventive or corrective measures, and initiate administrative or criminal proceedings within the legal framework.
Sanctions depend on the severity of the infringements. Typically, employers are given a deadline to remedy shortcomings. In a limited number of cases, employers are required to temporarily suspend part or all of their activities due to serious risks to the public and/or workers, until compliance is restored.
Between 2021 and 2025, the ITM carried out the following number of inspections in the field of occupational safety and health in establishments (excluding construction sites):
| Year | Number of inspections (CEA Service) |
| 2021 | 183 |
| 2022 | 240 |
| 2023 | 258 |
| 2024 | 255 |
| 2025 | 315 |
In 2021, inspections led to a total of 977 recorded infringements, of which 333 concerned general safety requirements (34.1%), 121 evacuation (12.4%) and 120 fire prevention (12.3%).
In 2022, out of 1,824 recorded infringements, 684 concerned general safety requirements (37.5%), 246 evacuation (13.5%) and 242 fire prevention (13.3%).
In 2023, of 1,884 recorded infringements, 558 concerned general safety requirements (29.6%), 316 evacuation (16.8%) and 257 fire prevention (13.6%).
In 2024, the ITM recorded 2,040 infringements, of which 648 concerned general safety requirements (31.8%), 270 evacuation (13.2%) and 275 fire prevention (13.5%).
Visitors and employees who observe irregularities or have safety concerns in establishments may report them directly to the ITM, contributing to the prevention of risks and the protection of both the public and workers:
