Workers' Rights (Article 53 of the LOPCYMAT)
Workers have the right to develop their work in an environment of adequate and suitable work for the full exercise of their physical and mental faculties, and to ensure safe, health, and welfare. In the exercise thereof will be entitled to:
- To be informed, prior to the beginning of its activity, the conditions under which it will develop, the presence of toxic substances in the work area, the damage that they can cause to your health as well as the means or measures to prevent.
- Receive theoretical, practical, sufficient, adequate and periodically training for the implementation of the functions inherent to their activity in the prevention of occupational accidents and occupational diseases, and the use of leisure time and use the rest in the time entering the work, when there are changes in the functions they perform, when new technology or changes in work teams are introduced. This training should be provided wherever possible within the working day and if it occurs outside the discounting of the workday.
- Participate in monitoring, improvement and control of the conditions and working environment in the prevention of occupational accidents and diseases, improving living conditions and recreation programs, use of leisure, rest and social tourism and infrastructure for its operation, and in the discussion and adoption of national, regional and local policies, by industry, by company and accommodation in the area of safety and health at work.
- Not to be subjected to dangerous or unhealthy to work, according to the available scientific and technical advances, can be eliminated or attenuated with modifications to the production process and facilities or jobs or by collective protection. Where this is not possible, the employee must be provided with the tools and personal protective equipment appropriate to the working conditions present in your workplace and the work performed in accordance with the provisions of this Law, its Regulations and the collective agreements.
- Refusing to work, away from an unsafe condition or interrupt a task or work activity when, based on their training and experience, has reasonable grounds to believe that there is an imminent threat to health or life without this being considered as job abandonment. The worker shall inform the prevention delegate and the immediate supervisor of the situation in question. Activity will resume when the Committee on Occupational Safety and Health determined. In these cases the employment relationship shall not be suspended or her employer and continue to charge appropriate salary and calculate the duration of the interruption to the age of the worker.
- Report unsafe or unhealthy working conditions to the immediate supervisor, the employer, the trade union, the Committee on Occupational Safety and Health, and INPSASEL.
- Report to the INPSASEL any violation of the conditions and working environment, when in fact required or when the employer does not correct deficiencies promptly reported, as well as any breach in programs for recreation, use of leisure time, leisure and tourism social and construction and maintenance of infrastructure for development.
- Accompanying inspection officials when they do their inspection work in enterprises, establishments or farms.
- Be relocated from their jobs or the suitability of their duties for health reasons, rehabilitation or reemployment.
- To be performed periodically preventative health screenings, and full access to information contained therein, as well as the confidentiality of their results against third.
- The confidentiality of personal health data. In such cases, the data may only be communicated condifenciales prior authorization of the employee.
- Actively participate in recreation programs, use of leisure, rest and social tourism.
- Freely express their ideas and opinions, and organize to defend the right to life, health and safety at work.
- Be protected from dismissal or other penalty for having exercised rights under this Law and other norms governing the matter.
- The defense in the event of complaints or allegations that may acarrearle sanctions under the provisions of of this Law.
- The privacy of correspondence and communications and open access to all data and information relating to him.
- Receive timely benefits and allowances referred to in this Law.
- Being joined by their employers to Benefit System Safety and Health at Work created by the Organic Law of Social Security System.
- Require employers to timely payment of contributions to the Benefit System Safety and Health at Work.
- Report to the Treasury of Social Security no affiliation to the Benefit System for Safety and Health at Work and delays in the payment of contributions to be made by the employer and which the employee is aware.
Obligations of workers (Article 54 of the LOPCYMAT)
The duties of workers:
- Exercise the duties arising out of their employment contract subject to the safety and health at work is not only to protect their own health and safety but also with respect to other workers and to safeguard the facilities where work.
- Make proper use and maintain in good operating condition control systems of unsafe working conditions at the company or job, according to the instructions, reporting immediately to supervisor or responsible for its maintenance or malfunction thereof. The worker must inform the Department of Safety and Health at Work of the company or the Committee of Safety and Health when, according to their knowledge and experience, consider control systems to which this provision refers not correspond to the unsafe conditions to be monitored.
- Properly use and maintain in good condition protective equipment in accordance with instructions received back immediately to the responsible supply or maintenance, loss, damage, expiration, or malfunction thereof. The worker must inform the Department of Safety and Health at Work of the company or the Committee of Safety and Health when, according to their knowledge and experience, consider that the personal protective equipment supplied do not correspond to the objective of protecting against unsafe conditions to which it is exposed.
- Make good use and care of basic sanitation facilities as well as facilities and amenities for recreation, use of leisure time, rest, social tourism, food consumption, cultural, sports and generally all service facilities social.
- Respect and enforce announcements, billboards and safety signs and other warnings that are set in different locations, facilities and machinery of the workplace, safety and health at work.
- Maintain conditions of order and cleanliness in the workplace.
- Comply with the instructions, warnings and lessons to be impartieren safety and health at work.
- Comply with the rules and instructions of the Programme on Safety and Health at Work established by the company.
- Report immediately when they become aware of the existence of an unsafe condition that can cause damage to health or life, or to third parties, the people involved, the Committee on Occupational Safety and Health and their immediate superior, without making the task until not rule on whether or not its execution.
- Actively participate directly or through the election of representatives in the Committees on Occupational Safety and Health and other organizations that may be created for the same purpose.
- Actively participate in recreation programs, use of leisure time, rest and social tourism.
- When you play as supervisors, foremen, group leaders or gangs and, in general, when permanent or occasional act as group leader, staff or production line, monitoring the observance of safety practices and health personnel under their direction.
- Report to the INPSASEL, any violation of the conditions and working environment when required or made in any case where the employer does not correct deficiencies promptly reported.
- In general, refrain from acts or engage in behaviors that may affect the sound operation of the Benefit System Safety and Health at Work.
- Abide by the guidelines issued by immediate supervisors to comply with regulations to prevent and safely maintain harmony and respect at work.