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These legal texts constitute the leading OSH legislation in Peru. They are applied to all professional sectors. In addition, there are several pieces of legislation regulating occupational safety and health in the mining sector and for dock workers. There is also legislation covering specific OSH aspects: National OSH Committee, protection of pregnant and lactating women, sexual harassment, labour inspection, etc.
The law says "anyone" and there is not any provision explicitly excluding migrant workers from the definition of "worker". The law says "anyone" and there is not any provision explicitly excluding domestic workers from the definition of "worker". The law says "anyone" and there is not any provision explicitly excluding home workers from the definition of "worker".
The leading OSH legislation applies to all economic sectors and services, including all employers and employees under an employment relationship in the private and public sector across the country, Armed Forces and National Police workers, and self-employed persons.
Nevertheless, there are specific OSH rules for the mines sector and dock work. There are a number of OSH rules applying to the mine sector. It must vigilate the application of labour law and require the compliance with OSH provisions among other duties.
Purpose of the national OSH Policy The State is required, in consultation with the most representative organizations of employers and workers to formulate, implement and periodically review a national OSH policy, which is aimed at preventing accidents and injury to the health occurring during work, by minimizing the causes of hazards inherent to the working environment, as far as it is reasonable and feasible.
Responsibilities with regard to the national OSH policy The formulation of the national OSH policy referred to in Article 5 shall clarify the roles and responsibilities in terms of occupational safety and health, public authorities, employers, workers and other bodies participating in OSH, taking into account the complementary nature of these responsibilities. Review of the national OSH policy For the purposes of the review of the National Policy on Safety and Health at Work, the situation regarding the safety and health of workers must be reviewed at appropriate intervals, either overall or for certain sectors, in order to identify major problems, develop effective methods to solve them, define priorities among measures that shall be taken and evaluate the results.
A National Council for Safety Health at Work shall be established with the participation of the employers' and workers' organizations in order to guarantee the protection of all workers in all OSH related matters. Nature and composition of the National Council for Safety and Health at Work The National Council for Safety and Health at Work must be created and defined as the highest advisory body on safety and health at work.
It will be tripartite in nature and attached to the Labour and Employment Promotion Sector. The employer on whose premises the workers carry out activities together with workers of contractors, subcontractors, companies providing special services and cooperatives, or the person that assumes the main contract, must ensure the following: - Design, implementation and evaluation of an occupational safety and health management system is provided for all workers, persons delivering services, labour personnel under training modalities, visitors and users located in the same work center.
In case of default, the main company is jointly liable for any damages and claims that may arise. In case of default, the main company is jointly liable against any damages and claims that may arise.
Medical examinations at the end of a working relationship are optional and can be made upon request by the employer or by the worker.
In any of these cases, the costs shall be borne by the employer. When workers are carrying out high risk activities, the employer is obliged to organize pre-employment, periodical and post employment at the end of the employment relationship medical examinations.
However, when rest and eating areas such as canteens and housing are provided by the employer, the employer is under a duty to monitor environmental factors and work practices that can affect these facilities. The employer, in consultation with workers and their representatives, must expose in writing the policy on safety and health at work, which must be developed in accordance with the following points: - to be specific to the organization and appropriate to the company size and the nature of its activities.
The employer delegates the functions and the necessary authority to the persons in charge of the development, implementation and results of the OSH Management System who are accountable for their actions to the employer or competent authority, without prejudice to the prevention duty of the employer and, if applicable, compensation obligation. Without prejudice to the leadership and responsibility of the employers, they can sign service contracts with third parties, regulated by the Civil Code, for the management, implementation, monitoring and compliance with the legal provisions on OSH in accordance with the Law No.
The results are compared with the provisions of this Law and other relevant legal provisions, and provide the basis for planning, implementing and reference system for measuring continuous improvement. This evaluation shall be made available to all workers and trade unions. The employer must ensure that workers and their representatives are consulted, informed and trained on all aspects of health and safety related to their work, including provisions for emergency situations.
The employer must define the qualifications required for each job and must take measures to ensure that every worker in the organization is able to carry out duties and obligations related to health and safety, and must establish training programs as part of the working day so as to achieve and maintain the required qualifications. The employer must ensure that workers and their representatives are consulted, informed and trained in all aspects of health and safety at work related to their work, including provisions for emergency situations.
The employer shall register the OSH management system, either by physical or electronic means. These registers and documents shall be up-to-date and shall be made available to the workers and the competent authority, respecting the right to confidentiality. The Regulation establishes the mandatory registers for the employer. Registers relating to occupational diseases shall be conserved for 20 years.
The Regulation establishes the mandatory registers for the employer which could be made separately or in a sole book. Micro, small and medium enterprises and undertakings not realizing high risk activities shall have simplified registers. They can also ask professionals, experts in health and safety at work, for advice. Work cannot be restarted while the risk is not reduced or controlled. However, there is a general provision on compensations establishing that the failure of the employer's duty to prevent occupational risks generates the obligation to pay compensation to victims.
The term of appointment is for two years and may be renewable. The employer must ensure that workers and their representatives are consulted, informed and trained in all aspects of health and safety related to their work, including provisions for emergency situations.
In workplaces where unions exist, the most representative trade unions call for joint committee elections; otherwise the company is responsible for the call for elections. There is a legal provision describing the elections procedure. Companies where most representative unions have representation, incorporate one union member as an observer. In workplaces with less than twenty workers, an OSH supervisor shall be appointed.
However, it is not a requirement. The OSH Committee members including workers' representatives have the function to periodically inspect the administrative and operational areas, facilities, machinery and equipment, in order to strengthen risk prevention management.
The employer must ensure internal communication of OSH information between different levels and positions of the undertaking. In workplaces where unions exist, the most representative trade unions calls for joint committee elections; otherwise the company is responsible for the call for elections. Companies with most representative unions incorporate a one union member as an observer. A copy of the meeting minutes is delivered to all OSH committee members and to the highest body of management of the employer.
The workers, their representatives and committees members are protected against all acts of hostility or other coercive measures imposed by the employer that arise as a result of the performance of their duties in the field of safety and health at work.
Furthermore, there is a Law No. The employer must take the necessary measures to meet those requirements before workers use the machinery, equipment, substances, or working tools. There is a specific Resolution on physical, chemical, biological, ergonomics and psychosocial hazards that generate risks to the health of pregnant woman or to the development of the fetus.
Upon termination of the post natal break period, the lactating worker has the right to take one hour break from her working hours in order to breast feed. This break may be also taken as two breaks of 30 minutes each one. The employer cannot make any deductions from the workers salary on the basis of the breast feeding break. Pregnant women have the right to take 45 days pre natal and 45 days post natal break period.
The employer must undertake a risk assessment before the engagement of a teenager. This information must be shown in the inspection procedures ordered by the administrative authority.
The archives must be kept for 10 years to be counted after the event. The labour inspectorate is responsible for supervising the compliance with safety and health work, demanding administrative responsibilities as appropriate, guiding and providing technical advice, and applying the penalties provided by Law No. Inspectors have the power to order the stoppage of on-going work or tasks which involve serious and imminent risk to the safety or health of workers, with the support of public force.
Inspectors have the power to require work involving serious and imminent risk to safety and health of workers to stop. If as a consequence of the deliberate nonobservance of OSH provisions death or serious injury is caused to the worker or to a third person and the responsible person could have foreseen this result, the imprisonment penalty will be from 4 to 8 years in case of death and 3 to 6 in case of serious injury.
There is no criminal responsibility in case the death or serious injury is caused because of nonobservance of OSH provisions by the worker. Imprisonment will be from 1 to 4 years when the offence results from the nonobservance of professional or occupational rules; and from 1 to 6 years when the same event caused several victims. ILO is a specialized agency of the United Nations. General Office of Internal Audit 3.
In workplaces with less than twenty workers, they appoint an OSH supervisor. No data available.
1. Ley 29783 SST
Pérou - 2015