COMMITTEE ON OCCUPATIONAL HEALTH AND SAFETY
Established in article 46 of the LOPCYMAT, the Committee on Occupational Safety and Health is a joint body of participation aimed at regular and periodic query of policies, programs and actions related to safety and health at work.
Attributions of the Committee on Occupational Safety and Health under article 47 of the LOPCYMAT
- Participate in the development, adoption, implementation and evaluation of the Programme on Safety and Health at Work.
- Promote initiatives on methods and procedures for the effective control of hazardous working conditions, proposing the improvement of existing controls or correction of deficiencies.
Faculties of the Committee on Occupational Safety and Health under article 48 of the LOPCYMAT
- Approve the draft Programme on Safety and Health at Work.
- Monitor the safety and health at work.
- Supervise the occupational health company.
- Report unsafe conditions and failure to comply with agreements reached within it, in relation to safety and health at work.
Where should constitute the Committee on Occupational Safety and Health
- All workplaces, premises, or unit operation of different companies or public or private institutions (article 46 of the LOPCYMAT).
- In temporary employment agencies, intermediaries and contractors (article 46 and 50 of the LOPCYMAT).
- Those who perform work in cooperatives or other associations, community service or productive character will be covered by the provisions of this Act (article 4 of the LOPCYMAT).
How do the Committee on Occupational Safety and Health
- Through the election of Delegates Prevention by workers and designation of representatives of the company by the employer (both form the Committee on Occupational Safety and Health in equal parts, article 46 of the LOPCYMAT).
Prevention Delegates (article 41 of the LOPCYMAT)
- The Prevention Delegates are the workers' representatives on the Committee on Occupational Safety and Health, chosen by them, by democratic means, with specific responsibilities for safety and health at work.
Aspects of Delegate Election Prevention
- Number of workers.
- Work organization.
- The shifts.
- Areas, departments or locations of physical spaces.
- Risk of work processes.
Number of Prevention Delegates by the number of employees (subject to change as dangerous processes, article 41 of the LOPCYMAT)
To set the number of prevention delegates should take into account the number of workers, work organization, work shifts, areas, departments or locations of physical spaces and the hazards of the work processes a minimum set according to the following scale:
- Up to ten (10) workers: a delegate prevention.
- Eleven (11) to fifty (50) employees, two (2) prevention delegates.
- Fifty-one (51) to two hundred fifty (250) employees: three (3) prevention delegates.
- Two hundred and fifty-one (251) workers older: one (1) delegate for each additional prevention (500) employees or fraction.
Rights and guarantees prevention delegate
Once elected safety representatives, are invested with job security so they can not be dismissed, transferred or downgraded in their working conditions, without just cause previously approved by the Inspector of Labor INPSASEL (or MINTRA) for two years and three months after the election.
Workers or their organizations, should notify the labor inspectorate will choose their delegates prevention, this gives rise to job security. The appointment of delegates shall be in writing, and the acceptance thereof.
Attributions of the Delegate of Prevention (article 42 of the LOPCYMAT)
- Form together with the representatives of the employers, the Committee on Occupational Safety and Health.
- Receive complaints concerning the conditions and working environment and the programs and facilities for recreation, use of leisure time and rest formulate workers in order to address them before the Committee on Occupational Safety and Health for resolution.
- Participate jointly with the employer and its representatives in improving the prevention and promotion of health and safety at work.
- Promote and encourage the cooperation of workers in the implementation of regulations on conditions and working environment.
- Coordinate with trade unions, defense stocks, promotion, control and surveillance of safety and health at work.
- Other assigned by this Law and the Regulations is issued.
Powers of the Delegate of Prevention (Article 43 of the LOPCYMAT)
- Accompanying the company technicians, external consultants or inspection officials of government agencies, assessments of the working environment and infrastructure areas for recreation, relaxation and social tourism, as well as inspectors and supervisors of labor and social security, visits and verifications carried out to check compliance with the regulations and may make them to the comments they may have.
- Access to the limitations provided in this Law to information and documentation relating to working conditions that are necessary for the exercise of their functions. This information may be provided so that respect for confidentiality and trade secret guarantee.
- Request information to the employer on the damage occurred in health workers that once had been aware of them and can occur at any opportunity, in the scene, for the circumstances thereof.
- Request the employer reports from persons or bodies responsible for health and safety activities at work in the business, as well as the competent bodies.
- Visits to workplaces and areas for recreation and relaxation, to exercise surveillance and control work conditions and working environment, and may, for that purpose, enter any area thereof and communicate during the day with workers without altering the normal development of the productive process.
- Sue the employer to adopt preventive measures and to improve levels of protection of the safety and health of workers and may make proposals to this end the Committee on Occupational Safety and Health for discussion at the same.
Registration Requirements of the Committee on Occupational Safety and Health
- Submit the application form prepared by INPSASEL.
- Letter with members of the Committee Annex, originals and copies.
- Presentation of the minute books of the Committee duly paginated to be sealed by the Institute and Committee minutes.
The Committee should do
- Meet at least once a month.
- Meetings may be ordinary or extraordinary.
- They must be called and personally written three days in advance.
- The quorum shall be two thirds of each of the parties.
- A document signed by the attendees and books will no deletions or modifications, and for them to be valid, must be placed "worth the amended" and then signed by the committee members will rise.
- The first five days of each month a monthly report on the activities of the Committee to the INPSASEL must be submitted using the form prepared by the institute.