Workplace Health and Safety Committees and Law 16744
Decree 54: Joint Health and Safety Committees
Decree 54: To approve the regulations for the establishment and operation of joint committees on health and safety.
Article 1
In any company, task or working branch with more than 25 people, joint committees on health and safety must be organized.
Article 10 — Representative Requirements
Representatives of workers must meet these requirements:
- Be over 18 years of age
- Be literate
- Have at least 1 year of service
- Have completed a risk prevention course
Article 16 — Meetings
The health and safety committees will meet in regular session once a month. They must also be convened whenever a workplace accident causes the death of one or more workers.
Article 20 — Term of Office
Members of the Joint Committee on Health and Safety serve for 2 years and may be reelected.
Article 24 — Functions
The functions of the joint committees and secretariat include:
- Advising workers on the proper use of protective instruments.
- Addressing not only personal protective equipment but also measures to control the risk of accidents or illness in the work environment.
- Monitoring the implementation of the provisions of this regulation.
Decree 40: Prevention and Risk Department
Decree 40 Arts. 8–11: The Prevention Risk Department is the agency in charge of planning, organizing, counseling, implementing, monitoring and promoting actions to prevent work-related accidents and occupational disease.
Any business or professional entity with more than 100 employees must have a risk prevention department led by an expert in the field.
Articles 14–20 — Internal Regulations
Every company should have internal regulations and safety at work, which are mandatory for workers. Subsequent amendments will not require approval of the National Health Service.
Visible signs must be displayed in two parts of the workplace. The internal regulations must have four parts:
- General provisions
- Obligations
- Bans
- Sanctions
Right to know: Workers must be informed of occupational hazard risks in a timely and convenient manner and have access to all relevant information. Workers should also be informed about items and products to be used in production processes or work. Employers must provide all the necessary elements to develop a job with less risk.
Law 16744: Social Insurance for Work Accidents
Law 16744 — Social insurance paid by the employer that regulates accident coverage and covers occupational diseases.
Objectives
- Prevent occupational accidents and occupational diseases
- Provide medical care and cover costs for the injured worker
- Provide retraining
- Compensate for loss of earning capacity and residual income
Beneficiaries
All employed persons, civil administrators, state officials, students who are injured in the performance of their professional practice, and independent persons (basic prices).
Financing and Contributions
Financing: 0.90% of taxable wages of workers of the company.
Bonus: 0–3.40% of wages paid by the employer for workers covered.
Contingencies and Exceptions
Contingencies include accidents related to work. Exceptions include force majeure, accidents unrelated to work, and accidents produced intentionally by the accident victim.
An accident must have a work-related cause or occur on the occasion of labor to be covered. An occupational disease is a disease that directly causes disability or death.
Temporary Disability Cash Benefits
The daily allowance is paid daily to the worker when incapacitated.
Partial disability:
- 15–40%: paid once (up to 15 times the worker’s salary may be paid)
- 40–70%: monthly pension; part paid at 35%
- Total disability (more than 70%): monthly pension of 70% of the basic salary
Major disability: When the worker cannot care for themselves and receives a monthly pension of 100%.
Survivor’s Pension
In case of death: a widow or spouse older than 45 receives an annuity. If under 45, the pension is paid for a set period (pension × 1 year) unless there are children under 18 or a child under 24 to be considered.
Medical Benefits
Medical benefits: The victim of a work accident or occupational disease receives free treatment for as long as symptoms or sequelae persist. This includes medical, surgical and dental care, hospitalization, drugs and pharmaceuticals, prostheses, and physical rehabilitation.