Occupational Risk Prevention Plan: A Comprehensive Guide
Occupational Hazards Law: Obligations of Employers and Workers. Prevention Services
Work is an obligation that every human being undertakes to earn a living. Work and life go hand in hand, therefore, it is essential that job security is a fundamental rule. The right of workers to effective protection in occupational safety and health at work necessitates a corresponding duty on employers to protect workers against occupational hazards. The duty of protection is also a duty of the government for staff in its service.
Chapter 1: Scope and Definitions
This law determines the basic body of guarantees and responsibilities for establishing an adequate level of health protection for workers against risks arising from work conditions, under a coordinated, effective, and coherent prevention policy. The scope encompasses both labor relations regulated by the status of workers and administrative or statutory civilian personnel serving the public.
Key Definitions:
- Prevention: A set of activities or measures taken to prevent or reduce risks from work.
- Occupational Risk: The possibility that a worker suffers an injury from work, assessing both the likelihood and severity.
- Work-related Injury: Diseases, illnesses, or injuries due to serious occupational hazards.
- Imminent Danger: A rationally probable situation that means grave damage.
- Equipment: Machinery used in the job.
- Working Condition: Any risk that may cause harm to security and health.
- Personal Protective Equipment: Equipment worn by workers to protect them from risks.
Chapter 2: Risk Prevention Policy
To protect safety and health at work, with the aim of improving working conditions and bringing the level of protection of safety and health of workers at work, the government will issue regulations and make appropriate administrative proceedings, after consultation with labor and business organizations to regulate:
- The minimum requirements for health and safety protection conditions.
- Limitations or prohibitions affecting business processes or operations that involve risk.
- Special conditions or requirements such as training, background checks, etc.
- Risk assessment procedures.
- Standardization of methodologies and guidelines for preventive action.
- Methods of organization, operation, and control of prevention services.
- Working conditions and professional qualification processes.
National Institute of Occupational Safety and Hygiene
This specialist body analyzes and studies safety and health at work, establishes cooperation with regions, and performs the following functions:
- Advising on the development of standards.
- Promoting and conducting training activities and information support.
- Supporting the inspection of labor and social security.
- Collaborating on these issues internationally.
Inspection Organization of Work
This organization monitors and controls compliance with regulations by applying necessary sanctions. It may order the cessation of activity. At the national level, it creates a safety and health committee, which acts as an advisory body to the government in shaping prevention policies and institutional participation in safety and security.
Chapter 3: Rights and Obligations
Workers are entitled to effective protection of safety and health at work. Employers must meet certain obligations that can be grouped into:
1. Conditions and Organization of Work
- General: Ensuring adequate working equipment and its proper use.
- Exceptional or Special Circumstances: Analyzing measures to take in emergencies, taking action, and giving instructions in the event of imminent danger.
2. Preventive Organization of the Company
Make a plan for the prevention of occupational risks for the company, including risk assessment, required prevention measures, periodic checks, and the development and retention of labor documentation.
3. Health and Obligations to Workers
- General: Providing information on work-related risks, protective and preventive measures taken, emergency procedures, and enabling employee participation.
- Education and Training: Providing education and training on occupational hazards.
- Medical Examinations: Ensuring periodical medical examinations.
- Specific Groups: Protecting specific groups (pregnant women, children, temporary workers) from certain risks.
- Overlapping Activities: In case of overlapping activities in the same workplace, ensuring cooperation in the implementation of legislation and the obligation of the parent company to provide information and monitor compliance.
Chapter 4: Obligations of Workers
- Properly using machines and tools.
- Using provided safety equipment and devices.
- Reporting any perceived risk.
- Complying with obligations and cooperating with the employer.
Preventive Services
The preventive organization within the company must ensure compliance with safety requirements. To meet this duty, the law describes the following means:
- Employer as Service Provider: In firms with fewer than 6 workers, the employer assumes the tasks, provided they regularly work in the workplace and the workers are trained accordingly.
- Appointed Personnel: The employer may designate one or more individuals to carry out preventive measures. These individuals will have the necessary training, temporary arrangement, adequate resources, access to information (as per Articles 18 and 23), and guarantees provided by worker representatives.
- Preventive Services: A set of human and material resources needed for prevention, ensuring safety and security, advising, and assisting the employer, workers, and their representatives. This service will be interdisciplinary, with adequate staffing, capacity, resources, and access to information and means to carry out their activities.
Types of Preventive Services:
- Internal: Formed with staff and resources of the company.
- Joint: Formed with staff and resources shared among a pool.
- External: Organizations accredited by the authority to exercise prevention.
Chapter 5: Consultation and Participation of Workers
Employers must consult workers in advance regarding any decision affecting their health. Workers are entitled to participate in risk prevention issues. In companies with 6 or fewer employees, that participation is channeled through their representatives.
Safety Representatives
Appointed by and among representatives of workers, their skills include:
- Working with the company on preventive action.
- Promoting and encouraging worker cooperation in prevention efforts.
- Monitoring compliance.
- Accompanying technicians and inspectors during visits.
- Accessing security information.
- Proposing the suspension of activities if there is imminent risk.
Health and Safety Committee
A consultative body for prevention actions, mandatory for companies with 50 or more workers. It comprises safety representatives, employers, and worker representatives. Its functions include:
- Developing and implementing plans and prevention programs.
- Promoting effective prevention methods.
Chapter 6: Obligations of Manufacturers, Importers, and Suppliers
They are obliged to ensure their products are not a source of danger and must provide the following information:
- How to use the products safely.
- How to secure their workplaces.
- Necessary preventive measures.
- Risks from handling or inadequate use.
Chapter 7: Responsibilities and Sanctions
Failure by employers to fulfill their obligations will result in administrative or criminal liability and civil damages. If an inspector observes a violation, they will require a written solution, which will be passed to prevention delegates. Fixed violations will be recorded, and if necessary, activity may be halted.
Total security is the process of integrating safety into all activities to achieve leadership in safety performance. We believe that nothing is more important than safety—not production, sales, or profits.
31/95 Occupational Hazards Law.