Our legal system imposes a number of occupational safety and health (OSH) obligations on formal employers. Within this comprehensive regulation, we recommend focusing on the following key points to mitigate risks, both for workers and for the company. These obligations are also frequently supervised by the Labor Authority (SUNAFIL).
This is a fundamental tool to prevent occupational risks. Although it is only required for companies with 20 or more employees, it is advisable that every organization — regardless of its size — have this instrument, as it will establish the OSH obligations and responsibilities of all employees.
Although many companies display their regulations within inspection procedures, the inspectors usually reject their validity for any of the following reasons: not having been approved by the OSH Committee, not clearly including the prevention measures for the identified risks, not including the risks of activities that are outsourced to outsourcing companies, not having a proof of communication to the employees, among others.
The authorities often consider that not having an OSH Committee or having formed it poorly contributes to the occurrence of accidents. Therefore, it is important that the OSH Committee be properly constituted and fulfill its functions.
The company must organize a procedure to elect the committee unless the company has a union. If the union does not call elections in a timely manner or fails to comply with the schedule, the employer must take control of the procedure. For this reason, it is advisable to design a schedule with clear deadlines and dates, in order to properly manage each of the actions necessary to ensure a timely and proper election.
On the other hand, given that management and employees in positions of trust do not participate in the election, it is essential to evaluate if the company has identified correctly these positions before organizing the electoral process. This way, we will avoid questions from SUNAFIL regarding the right of personnel to exercise their right to vote.
A frequently identified infraction in inspection procedures is the failure to adequately identify the risks associated with the workplace and include them in the assessment matrix. This infraction is usually classified by SUNAFIL as the main cause of work accidents and occupational diseases.
This matrix is an instrument that should include all foreseeable risks and hazards to which the employees re exposed, as well as the actions to be taken by the company to eliminate or mitigate them.
It is essential that the IPER incorporate all the conditions to which the employee could be exposed while performing their duties. Likewise, the IPER matrix should also include outsourced activities, either through outsourcing or intermediation, since the main company is responsible for the safety of all employees providing services in its facilities.
To consider
SUNAFIL monitors compliance with OSH obligations ex officio or by complaint.
In the first case, SUNAFIL carries out inspection campaigns to verify compliance with a specific obligation. We suggest that you be attentive to your electronic mailbox to identify any request for information in time, as the deadlines for submission can be quite short. A weekly review is recommended, but not before verifying that the contact information has been duly registered in the platform.
Audits can also be the result of a complaint. This generally occurs when there is an accident at work or an internal conflict with the union. If any of these situations exist, we recommend: (i) gathering all necessary documentation to demonstrate compliance with obligations; (ii) reviewing the information contained in these documents and validating them with your OSH and legal advisers; and (iii) holding coordination meetings to align the strategy in case visited by a labor inspector.
* * * * *
We hope that this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.
