Machine Translated by Google SAFETY AND HEALTH REGULATIONS APPROVED AT WORK SUPREME DECREE No. 009-2005-TR (09/29/05) CONCORDANCES: RM No. 161-2007-MEM-DM, Art.9 RM N° 148-2007-TR (Approving Regulations for the Constitution and Functioning of the Committee and Appointment of Functions of the Occupational Health and Safety Supervisor and other related documents) Supreme Decree No. 043-2007-EM, Art. 13, Art. 17 Supreme Decree No. 043-2007-EM, Art. 24 RM Nº 348-2007-TR (Approving Directive "Guideline for Labor Inspection in the Matter of Occupational Health and Safety in the Civil Construction Sector" R. N° 059-2009-OS-CD (Approving the Electricity Sector Accident Information System (SIASE) as a means of submitting accident information by entities of the Electricity Sector) RA No. 163-2009-CE-PJ (Approving "Safety and Hygiene Regulations of the Judiciary") THE PRESIDENT OF THE REPUBLIC CONSIDERING: That article 7 of the Political Constitution recognizes the right to health of every person in any field, including work; That safety and health at work is a basic condition for social protection and the development of decent labor relations; That, Legislative Decree No. 910, General Law of Labor Inspection and Defense of the Worker, in its seventh complementary provision, establishes the creation of a commission in charge of preparing a draft regulation on Health and Safety in the Worked; That Law No. 28385, which modifies Law No. 27711, Law of the Ministry of Labor and Employment Promotion, establishes that it is competent to define, arrange, coordinate, direct, supervise and evaluate the occupational hygiene and safety policy, and establish the standards of prevention and protection against occupational risks that ensure the comprehensive health of workers, for the sake of improving working conditions and environment; That, by means of Supreme Decree No. 007-2001-TR, a Multisectoral Commission was established made up of the Ministry of Labor and Social Promotion or its representative, the Ministry of Health, the Ministry of Energy and Mines, the Ministry of Fisheries, the Ministry of Transport, Communications, Housing and Construction, the Ministry of Agriculture, Insurance Social Health - ESSALUD, two representatives of the workers, and two representatives of Machine Translated by Google employers, in charge of preparing a draft regulation on Health and Safety in the Worked; That the project prepared by the aforementioned commission was pre-published in the Diario Official El Peruano on July 21, 2005, in order to have the participation of citizens, having received contributions, which have been analyzed and valued by the Labor Authority; In accordance with what is regulated in numeral 8) of article 118 of the Political Constitution of the Peru, in article 3 of Legislative Decree No. 560, Law of the Executive Power, Law No. 28385 and in Law No. 27711, Law of the Ministry of Labor and Employment Promotion; IT IS DECREED: Article 1.- Approve the Occupational Health and Safety Regulations consisting of one (1) Preliminary Title, six (6) titles, Complementary and Temporary Provisions, one (1) Glossary and five (5) annexes.(*) (*) Pursuant to the Sole Final Complementary Provision of Supreme Decree No. 007-2007-TR, published on April 6, 2007, Annex No. 5 of these Regulations is repealed. (*) In accordance with Article 4 of Supreme Decree No. 007-2007-TR, published on April 6, 2007, the Glossary of Terms of this Decree is modified, according to the manner indicated in the aforementioned Article. Article 2.- This Supreme Decree is endorsed by the Minister of Labor and Employment Promotion. Given at the Government House, in Lima, on the twenty-eighth day of the month of September of the year two thousand and five. ALEJANDRO TOLEDO Constitutional President of the Republic JOHN SHEPUT MOORE Minister of Labor and Employment Promotion HEALTH AND SAFETY REGULATION AT WORK PRELIMINARY TITLE BEGINNING I.- PRINCIPLE OF PROTECTION: Workers have the right to the State and employers to promote decent working conditions that guarantee them a healthy, physical, mental and social life. Said conditions should tend to: a) That work is carried out in a safe and healthy environment. b) That the working conditions are compatible with the welfare and dignity of the workers and offer real possibilities for the achievement of the personal objectives of the worker. Machine Translated by Google II.- PRINCIPLE OF PREVENTION: The employer will guarantee, in the workplace, the establishment of the means and conditions that protect the life, health and well-being of the workers, and of those who, not having an employment relationship, provide services or are within the scope of the workplace. III.- PRINCIPLE OF RESPONSIBILITY: The employer will assume the economic, legal and any other implications, as a result of an accident or illness suffered by the worker in the performance of his duties or as a result of it, in accordance with current regulations. IV.- PRINCIPLE OF COOPERATION: The State, employers and workers, and their union organizations, will establish mechanisms that guarantee permanent collaboration and coordination in matters of safety and health at work. V.- PRINCIPLE OF INFORMATION AND TRAINING: Workers will receive from the employer timely and adequate information and preventive training in the task to be performed, with emphasis on what is potentially risky for the life and health of workers and their families. VI.- PRINCIPLE OF INTEGRAL MANAGEMENT: Every employer shall promote and integrate the management of occupational health and safety into the general management of the company. VII.- PRINCIPLE OF COMPREHENSIVE HEALTH CARE: Workers who suffer an accident at work or occupational disease are entitled to the necessary and sufficient health benefits until their recovery and rehabilitation, seeking their reintegration into the workforce. VIII.- PRINCIPLE OF CONSULTATION AND PARTICIPATION: The State will promote mechanisms for consultation and participation of the most representative employers' and workers' organizations and social actors, for the adoption of improvements in matters of Safety and Health at Work. IX.- PRINCIPLE OF TRUTH: Employers, workers, representatives of both and other public and private entities responsible for compliance with the legislation on safety and health at work will provide complete and truthful information on the matter. TITLE I GENERAL DISPOSITION Article 1.- The Occupational Health and Safety Regulations aim to promote a culture of occupational risk prevention in the country. To this end, it has the participation of workers, employers and the State, who through social dialogue will ensure the promotion, dissemination and compliance with the regulations on the matter. Article 2.- This Regulation is applicable to all economic sectors and includes all employers and workers, under the labor regime of private activity throughout the national territory. Article 3.- This Regulation establishes the minimum standards for the prevention of occupational hazards, with employers and workers being able to freely establish levels of protection that improve the provisions of this standard. Machine Translated by Google TITLE II NATIONAL POLICY ON SAFETY AND HEALTH AT WORK CHAPTER 1 POLICY OBJECTIVES Article 4.- The national policy on Occupational Safety and Health must promote the improvement of safety, health and working environment conditions, in order to avoid or prevent damage to the health of workers, as a consequence of work activity. Article 5.- The Occupational Risk Insurance System must guarantee compensation and/or reparation for damages suffered by the worker in cases of work-related accidents or occupational diseases, and establish procedures for comprehensive rehabilitation, readaptation, reintegration and job relocation due to temporary or permanent disability. EPISODE 2 COMPETENCIES AND FUNCTIONS Article 6.- The competent public Entities in matters of Safety and Health at Work, in accordance with the provisions of their respective laws and through their specialized technical bodies, perform the following functions: a) Promote a culture of occupational risk prevention. b) Provide advice, assistance and technical cooperation in occupational safety and health. c) Develop training, education and research activities in safety and health at work. d) Promote and guarantee the dissemination and information on safety and health at work. e) Carry out the follow-up of preventive actions, in safety and health at work, carried out by employers. f) Ensure compliance with the regulations on occupational risk prevention through surveillance and control actions. For these purposes, they will provide the necessary advice and technical assistance for better compliance with said regulations and will develop specific programs aimed at achieving greater effectiveness in control. g) Punish non-compliance with occupational risk prevention regulations by the subjects included in the scope of application of this Regulation. Article 7.- The competent public entities in labor, health, production matters and the others linked in matters of safety and health at work, will coordinate their actions for the elaboration of preventive norms and the control of their fulfillment; health promotion, as well as prevention, research and epidemiological surveillance of occupational hazards, work accidents and occupational diseases, to ensure effective protection of the safety and health of workers. Machine Translated by Google Article 8.- The Ministry of Labor and Employment Promotion, as well as the Ministry of Health, are suprasectoral bodies in the prevention of risks in matters of safety and health at work, and must coordinate with the respective Ministry the actions to be adopted with this finish. Article 9.- The Ministry of Health, according to its Law No. 27657, is the governing body in matters of human health. It has from its attributions competence in occupational health and is in charge of: a) The establishment of standards and adequate means for the development, evaluation and control of actions of a sanitary nature in occupational health that are carried out in the work centers by the prevention services. The issuance of regulations will be coordinated with the Ministry of Labor and Employment Promotion. b) The establishment of surveillance and information systems on risks and damages in occupational health, the performance of epidemiological studies for the identification and prevention of risk conditions and pathologies that may affect the health of workers, as well as the exchange of information with related entities in matters of safety and health at work. c) Guidance and supervision of the training that health personnel working in authorized prevention services must receive in terms of prevention and health promotion for workers. d) The preparation and dissemination of studies and research related to the health of workers. e) Other functions established by law. Article 10.- The Ministry of Labor and Employment Promotion has the following powers: a) Verify compliance with occupational health and safety standards, including risk prevention, work accidents and occupational diseases. b) Establish and promote supervision, control and inspection procedures, promoting the integration of inspection mechanisms in matters of occupational safety and health. c) Conduct and execute actions in matters of safety and health at work, agreeing with other public and private institutions, as well as with representative organizations of workers and employers, in order to enforce the rules of prevention and protection against occupational risks. that ensure the health of workers and the improvement of working conditions and environment. d) Coordinate inspection programs and actions on occupational safety and health with other Ministries, Regional Governments and Local Governments. e) Coordinate education and dissemination programs and actions on safety and health at work in the different labor sectors in coordination with other Ministries, Regional Governments and Local Governments. f) Inform, where appropriate, other entities and public bodies of non-compliance with current regulations, established in the inspection procedure. Machine Translated by Google g) Carry out specialized studies, propose standards, approve regulations and procedures for the prevention and control of occupational risks for the prevention of occupational risks, in terms of safety and health at work. In the normative issue, it will be coordinated with the Ministry of Health, and with the competent sectors in the specific activity that is regulated. TITLE III WORKPLACE HEALTH AND SAFETY MANAGEMENT SYSTEM CHAPTER 1 SYSTEM PRINCIPLES Article 11.- The occupational health and safety management system is governed by the following principles: a) Ensure a visible commitment of the employer with the health and safety of workers. b) Achieve coherence between what is planned and what is done. c) Tend to continuous improvement. d) Improve self-esteem and encourage teamwork in order to encourage the cooperation of workers. e) Promote a culture of occupational risk prevention so that the entire organization internalizes the concepts of prevention and proactivity, promoting safe behaviour. f) Create opportunities to encourage employer empathy towards workers and vice versa. g) Ensure the existence of means of feedback from the workers to the employer in occupational safety and health. h) Have recognition mechanisms for proactive personnel interested in the continuous improvement of occupational health and safety. i) Evaluate the main risks that may cause the greatest losses to the health and safety of the workers, the employer and others. j) Use a methodology that ensures continuous improvement in occupational health and safety. k) Promote the participation of trade union organizations, or in their absence, worker representatives, in decisions on occupational health and safety. Article 12.- The participation of workers is essential in the occupational health and safety management system, and must occur in: a) Consultation, information and training in all aspects of safety and health at work. b) The operation of the occupational health and safety committee. c) The recognition of the workers' representatives so that they are aware of and committed to the system. Machine Translated by Google Article 13.- The continuous improvement methodology must consider: a) The identification of deviations from practices and conditions accepted as safe. b) The establishment of security standards. c) Periodic measurement of performance against standards. d) The periodic evaluation of the performance with respect to the standards. e) Correction and recognition of performance. Article 14.- Prevention and protection measures must be applied in the following order of priority: a) Elimination of hazards and risks. b) Treatment, control or isolation of hazards and risks, adopting technical or administrative measures. c) Minimize hazards and risks, adopting safe work systems that include administrative control provisions. d) Lastly, provide adequate personal protective equipment, ensuring that workers use and maintain it correctly. EPISODE 2 ORGANIZATION OF THE MANAGEMENT SYSTEM Article 15.- The management of safety and health at work is the responsibility of the employer, who assumes the leadership and commitment of these activities in the organization. The employer will delegate the functions and the necessary authority to the personnel in charge of the development, application and results of the occupational health and safety management system, who will render accounts of their actions to the employer and/or competent authority, this does not exempt him from its duty of prevention and, if applicable, compensation. Article 16.- The employer defines the necessary competency requirements for each job position and adopts provisions so that every worker in the organization is trained to assume duties and obligations related to safety and health, and must establish training and training programs so that established competencies are achieved and maintained. Article 17.- The employer must implement the records and documentation of the occupational health and safety management system, based on their needs. These records and documents must be updated and available to workers and the competent authority, respecting the right to confidentiality, being these: a) Register of accidents and occupational diseases. b) Record of medical examinations. c) Record of the investigations and corrective measures adopted in each case. Machine Translated by Google d) Record of the monitoring of physical, chemical, biological agents and ergonomic risk factors. e) Record of health and safety inspections and evaluations. f) Health and safety statistics. g) Record of incidents and dangerous events. h) Registration of safety or emergency equipment. i) Registration of induction, training, training and emergency drills.(*) (*) Article modified by Article 1 of Supreme Decree No. 007-2007-TR, published on April 6, 2007, whose text is as follows: “Article 17.- The employer must implement the records and documentation of the occupational health and safety management system, based on their needs. These records and documents can be kept through physical or electronic means. Likewise, they must be updated and available to the workers and the competent authority, respecting the right to confidentiality. These records are: a. Record of work accidents and incidents, which must contain the investigation and corrective measures. b. Registry of occupational diseases. c. Record of occupational medical examinations. d. Record of the monitoring of physical, chemical, biological agents and ergonomic risk factors. and. Record of internal occupational health and safety inspections. F. Health and safety statistics. g. Registration of safety or emergency equipment. h. Registration of induction, training, training and emergency drills. The records referred to in subparagraph a and b may be kept jointly. The records referred to in subparagraphs a and b must also be kept by the user company for workers who carry out labor intermediation tasks, as well as for those who provide services independently, contractors, subcontractors or under training modality agreements, if applicable. the case, provided that the activities are carried out in its facilities.” “Article 17-A.- In the inspection procedures ordered by the Competent Authority, the company must display the records mentioned in the previous article, which must be kept for a period of five (5) years after the event. Attached to the records of the company, copies of the notifications to the Competent Authority must be kept.” (*) (*) Article incorporated by Article 2 of Supreme Decree No. 007-2007-TR, published on April 6, 2007. Machine Translated by Google “Article 17-B.- When more than one worker is injured as a result of the same event, individual information must be provided for each worker.” (*) (*) Article incorporated by Article 2 of Supreme Decree No. 007-2007-TR, published on April 6, 2007. Article 18.- Companies with 25 or more workers must establish an Occupational Health and Safety Committee, which will be constituted on a parity basis, that is, with the same number of representatives of the employer and the worker. Article 19.- Companies with less than 25 workers must train and appoint, among their workers in the productive areas, at least one Occupational Health and Safety Supervisor. Article 20.- The functions of the Occupational Health and Safety Committee and Supervisor are: a) Enforce these Regulations, the sector regulations and the Internal Health and Safety Regulations of each company. b) Approve the Annual Health and Safety Program. c) Carry out periodic inspections of the company's facilities. d) Approve the Internal Health and Safety Regulations. e) Meet monthly in an ordinary manner to analyze and evaluate the progress of the objectives established in the annual program, and in an extraordinary manner to analyze serious accidents or when circumstances so require. f) Analyze the causes and statistics of incidents, accidents and occupational diseases, issuing the respective recommendations. Article 21.- Workers must elect their safety representatives or delegates, who make up the Safety and Health at Work Committee. Article 22.- The functions of the representatives or delegates of safety and health at work are: a) Immediately report any incident or accident. b) Participate in health and safety inspections. c) Propose measures to correct risk conditions that could cause work accidents and/or occupational diseases. d) Ensure compliance with current internal health and safety regulations and provisions. e) Participate in accident investigation and suggest corrective measures. f) Conduct health and safety inductions for staff. g) Participate in internal health and safety audits. h) Attend scheduled activities on occupational health and safety. The representatives must be trained in topics related to the functions that they are going to perform before assuming the position and during the exercise of the same. Machine Translated by Google Article 23.- The Health and Safety Committee, the Supervisor and all those who participate in the Health and Safety Management System must have the authority required to properly carry out their functions. Article 24.- Companies with 25 or more workers must prepare their Internal Occupational Safety and Health Regulations, which must contain: a) Objectives and scope. b) Leadership, commitments and the health and safety policy. c) Powers and obligations of the employer, the supervisors, the health and safety committee, the workers and the companies that provide them with services, if any. d) Safety and health standards in operations. e) Health and safety standards in services and related activities. f) Control standards for existing hazards and assessed risks. g) Preparedness and response to emergencies. Article 25.- To improve knowledge about safety and health at work, the employer must: a) Provide all workers with a copy of the Internal Regulations on Safety and Health at Work. b) Train the worker. c) Make sure you put it into practice. d) Prepare a Risk Map of the workplace and display it in a visible place. CHAPTER 3 SYSTEM PLANNING AND IMPLEMENTATION Article 26.- To establish a Safety and Health at Work Management System, an initial evaluation or baseline study must be carried out as a diagnosis of the state of health and safety at work. The results obtained will be compared with what is established in this Regulation and other pertinent legal provisions, and will serve as a basis for planning, applying the system and as a reference to measure its continuous improvement. Article 27.- The planning, development and application of the Occupational Health and Safety Management System must allow the company to: a) Comply with current national legal regulations. b) Improve job performance safely. c) Maintain production processes and/or services in a way that they are safe and healthy. Machine Translated by Google Article 28.- The objectives of safety and health at work must focus on the achievement of results that are specific, realistic and possible to apply by the company. Risk management should include: a) Identification, prevention and control measures. b) The continuous improvement of processes, change management, preparation and response to emergency situations. c) Acquisitions and hiring. CHAPTER 4 SYSTEM ASSESSMENT Article 29.- Surveillance and control of safety and health at work includes internal and external procedures to the company, which allow the results achieved in terms of safety and health to be regularly evaluated. Article 30.- Supervision must allow: a) Identify failures or deficiencies in the Occupational Health and Safety Management System. b) Adopt the necessary preventive and corrective measures to eliminate or control the hazards associated with work. Article 31.- The investigation of work-related accidents, illnesses and incidents and their effects on health and safety must allow the identification of factors in the organization, the immediate causes (acts and substandard conditions), the basic causes (factors personal and work factors) and any deficiency of the Health and Safety Management System, for the planning of the pertinent corrective action.(*) (*) Article modified by Article 1 of Supreme Decree No. 007-2007-TR, published on April 6, 2007, whose text is as follows: “Article 31.- The investigation of work-related accidents, illnesses and incidents and their effects on health and safety must allow the identification of risk factors in the organization, the immediate causes (acts and substandard conditions), the causes basic (personal factors and work factors) and any deficiency of the Health and Safety Management System, for the planning of the pertinent corrective action.” Article 32.- The employer will carry out periodic audits in order to verify if the Occupational Health and Safety Management System has been applied and is adequate and effective for the prevention of occupational risks and the safety and health of workers. The audit must be carried out by independent auditors. In the consultation on the selection of the auditor and in all phases of the audit, including the analysis of its results, the participation of the workers or their representatives will be required. CONCORDANCES: DS N° 016-2009-EM, Art. 2 Article 33.- The investigations and audits referred to in articles 31 and 32 of this Regulation must allow the company's management to ensure that the global strategy of the occupational health and safety management system achieves the intended purposes. and determine, Machine Translated by Google if applicable, changes in the policy and objectives of the System. Their results must be communicated to the Health and Safety Committee, the workers and their representatives. CHAPTER 5 ACTION FOR CONTINUOUS IMPROVEMENT Article 34.- The surveillance of the execution of the Health and Safety Management System, the audits and the examinations carried out by the company, must allow the causes of its non-conformity with the pertinent norms and/or the provisions of the System to be identified. Management, with a view to adopting appropriate measures, including changes to the System itself. Article 35.- The provisions adopted for the continuous improvement of the Occupational Health and Safety Management System must take into account: a) The company's occupational health and safety objectives. b) The results of the hazard identification and risk assessment activities. c) The results of supervision and measurement of efficiency. d) The investigation of accidents, illnesses and work-related incidents. e) The results and recommendations of the audits and evaluations carried out by the company's management. f) The recommendations of the Health and Safety Committee, or the health and safety supervisor and by any member of the company in favor of improvements. g) Changes in legal regulations. h) New pertinent information and; i) The results of health protection and promotion programs. Article 36.- The procedures of the company, in the management of safety and health at work, must be reviewed periodically in order to obtain greater effectiveness and efficiency in the control of risks associated with work. TITLE IV RIGHTS AND OBLIGATIONS CHAPTER 1 RIGHTS AND OBLIGATIONS OF EMPLOYERS Article 37. The employer must exercise firm leadership and express his support for his company's activities in the area of occupational health and safety; Likewise, it must be committed to providing and maintaining a safe and healthy work environment in accordance with best practices and compliance with occupational health and safety standards. Machine Translated by Google Article 38.- The policy on safety and health at work must be specific and appropriate for the company. The fundamental objectives of this policy should be the following: a) Compliance with occupational health and safety regulations. b) The protection of the safety and health of all workers. c) Continuous improvement of the performance of the occupational health and safety management system; Y d) The integration of the occupational health and safety management system with other systems. Article 39.- The employer, among others, has the obligations to: a) Guarantee the safety and health of workers in the performance of all aspects related to their work, in the workplace or during it. b) Develop permanent actions in order to improve the existing levels of protection. c) Identify the changes that may occur in working conditions and provide what is necessary for the adoption of measures to prevent occupational risks. d) Carry out medical examinations before, during and at the end of the employment relationship for workers, in accordance with the risks to which they are exposed in their work. Article 40.- The employer must apply the following occupational risk prevention measures: a) Manage risks, without exception, eliminating them at their source and applying control systems to those that cannot be eliminated. b) The design of jobs, work environments, the selection of equipment and work methods, the attenuation of monotonous and repetitive work, must be aimed at guaranteeing the health and safety of the worker. c) Eliminate dangerous situations and agents in the workplace or during it, and if this is not possible, replace them with others that involve less danger. d) Integrate occupational risk prevention plans and programs to the new knowledge of science, technology, environment, work organization, performance evaluation based on working conditions. e) Maintain collective and individual protection policies. f) Train and train workers in advance and properly. Article 41.- The employer must consider the personal and professional skills of the workers, in terms of safety and health at work, when assigning them the work. Article 42.- The employer must transmit to the workers, in an adequate and effective manner, the necessary information and knowledge in relation to the risks in the workplace and in the specific position or function; as well as the protection and prevention measures applicable to such risks. Machine Translated by Google Article 43.- The employer must provide workers with timely and appropriate training and training in safety and health, in the center and job position or specific function, as indicated below: a) At the time of hiring, regardless of its modality or duration. b) During the performance of their work. c) When there are changes in the function and/or job and/or technology. Training and education are given inside or outside the working day, according to agreement between the employer and the workers. Article 44.- The employer must control and record that only workers, adequately and sufficiently trained and protected, access environments or areas of serious and specific risk. Article 45.- The employer must provide that exposure to concurrent physical, chemical, biological, ergonomic and psychosocial agents in the workplace do not cause damage to the health of workers. Article 46.- The employer must plan the preventive action of risks for safety and health at work, based on an initial evaluation, which will be carried out taking into account: the characteristics of the workers, the nature of the activity, the equipment , hazardous materials and substances, and the work environment. Article 47.- The employer must update the risk assessment at least once a year or when working conditions change or damage to health and safety has occurred. If the results of the risk assessment make it necessary, the following will be carried out: a) Periodic checks of workers' health and working conditions to detect potentially dangerous situations. b) Prevention measures, including those related to work and production methods, that guarantee a higher level of protection of the safety and health of workers. Article 48.- The employer must carry out an investigation when there has been damage to the health of the workers or when there are indications that the prevention measures are insufficient, in order to detect the causes and take corrective measures in this regard. Article 49.- The employer must modify the occupational risk prevention measures when they are inadequate and insufficient to guarantee the safety and health of the workers. Article 50.- The employer must provide its workers with adequate personal protection equipment, according to the type of work and specific risks present in the performance of their duties, when the occupational risks or their harmful effects on health cannot be eliminated at their origin. Health; it verifies their effective use. Article 51.- The employer must adopt the necessary measures, in a timely manner, when it is detected that the use of clothing and/or work or personal protection equipment represents specific risks for the safety and health of the workers. Machine Translated by Google Article 52.- The cost of the actions, decisions and safety and health measures executed in the workplace or on the occasion of it, will not be assumed in any way by the workers. Article 53.- The employer shall establish the measures and give necessary instructions so that, in the event of an imminent danger that constitutes an important or intolerable risk for the safety and health of the workers, they can interrupt their activities , and even, if necessary, immediately leave the home or physical place where the work is carried out. Work cannot be resumed until the risk has been reduced or controlled. Article 54.- The employer must report in writing to the Administrative Labor Authority, the damage to the health of its workers, the events that occurred and the results of the investigation carried out. Article 55.- The employer must guarantee the protection of workers who, due to their disability, are especially sensitive to the risks arising from work. These aspects must be considered in risk assessments, in the adoption of necessary preventive and protective measures. Article 56.- In the evaluations of the comprehensive risk prevention plan, the risk factors that may affect the procreation functions of the workers must be taken into account, in particular due to exposure to physical, chemical, biological, ergonomic agents. and psychosocial, in order to adopt the necessary preventive measures. Article 57.- The employer must adopt the necessary measures to prevent the exposure of workers during pregnancy or lactation to dangerous work in accordance with the law on the matter. Article 58.- The employer must not employ children and adolescents to carry out unhealthy or dangerous activities that may affect their normal physical and mental development, taking into account the legal provisions on the matter.(*) (*) Article modified by Article 1 of Supreme Decree No. 007-2007-TR, published on April 6, 2007, whose text is as follows: "Article 58.- The employer must not employ adolescents to carry out unhealthy or dangerous activities that may affect their normal physical and mental development, taking into account the legal provisions on the matter." Article 59.- The employer must carry out an evaluation of the jobs that adolescents are going to perform prior to their incorporation into the labor market, in order to determine the nature, degree and duration of exposure to risk, in order to adopt the necessary preventive measures. Article 60.- The employer will carry out medical examinations before, during and at the end of the employment relationship for working adolescents. Article 61.- The employer in whose facilities its workers develop activities jointly with workers of contractors, subcontractors, special service companies and worker cooperatives; or who assumes the main contract of the same, is the one who guarantees: a) Effective and efficient coordination of occupational risk prevention management. b) The safety and health of workers. Machine Translated by Google c) The verification of the contracting of insurance according to the current regulations carried out by each employer during the execution of the work, without prejudice to the responsibility of each one for the safety and health of their own workers. Likewise, the employer will monitor compliance with current legal regulations on occupational safety and health by its contractors, subcontractors, special service companies or worker cooperatives that carry out works or services in the workplace or on occasion. of the corresponding work of the principal. Article 62.- Companies that design, manufacture, import, supply or transfer machines, equipment, substances, products or work tools, will have what is necessary so that: a) The machines, equipment, substances, products or work tools do not constitute a source of danger or put the safety or health of the workers at risk. b) Information and training is provided on the installation, proper use and preventive maintenance of machinery and equipment. c) Information and training is provided for the proper use of hazardous materials in order to prevent their inherent dangers and monitor risks. d) The instructions, manuals, danger notices or other precautionary measures placed on the equipment and machinery, as well as any other information related to its products, are or are translated into Spanish and are written in a simple and precise language with the purpose that allow to reduce occupational risks; Y, e) The information related to the machines, equipment, products, substances or work tools is provided to the workers in terms that are understandable to them. EPISODE 2 RIGHTS AND OBLIGATIONS OF WORKERS Article 63.- The workers will be consulted, before changes are made in the operations, processes and work organization, which may have repercussions on the safety and health of the workers. In the absence of agreement between the parties, the employer will decide. Article 64.- Every worker has the right to communicate freely with labor inspectors. Article 65.- The workers, their representatives and/or members of the occupational health and safety committees or commissions, are protected against any act of hostility and other coercive measures by the employer that originate as a consequence of the performance of their duties in the field of safety and health at work. Article 66.- The workers or their representatives have the right to review the education and training programs, and make recommendations to the employer in order to improve their effectiveness. Article 67.- The representatives of the workers in Safety and Health at Work have the right to participate in the identification of the dangers and in the evaluation of the risks in the Machine Translated by Google work, ask the employer for the results of the evaluations, suggest control measures and monitor them. In case of not having a satisfactory answer, they may appeal to the Competent Authority. Article 68.- Workers have the right to be informed: a. As a group, of the reasons for occupational health examinations and investigations in relation to risks to safety and health in the workplace. b. In a personal capacity, on the results of the medical reports prior to the assignment of a job and those related to the evaluation of their health. The results of medical examinations, being confidential, cannot be used to discriminate against workers in any circumstance or at any time. Article 69.- Workers have the right to be transferred in the event of an accident at work or occupational disease to another position that implies less risk to their safety and health, as long as it exists, and must be trained to do so. Article 70.- Workers, regardless of their contracting modality, who maintain a labor relationship with the employer or with contractors, subcontractors, special service companies or worker cooperatives that have entered into a contract with the aforementioned employer, have the right through their respective employers to the same level of protection in terms of occupational safety and health. Article 71.- Workers or their representatives have the right to examine the factors that affect their safety and health and propose measures in these matters. Article 72.- Regarding occupational risk prevention, workers have the following obligations: a) Comply with the rules, regulations and instructions of the occupational health and safety programs that are applied in the workplace and with the instructions given by their direct hierarchical superiors. b) Properly use work instruments and materials, as well as personal and collective protection equipment. c) Do not operate or manipulate equipment, machinery, tools or other elements for which they have not been authorized and, if necessary, trained. d) Cooperate and participate in the investigation process of work accidents and occupational diseases when the competent authority requires it or when in their opinion the data they know help to clarify the causes that originated them. e) Ensure the comprehensive care of their physical and mental health, as well as that of the other workers who depend on them during the development of their work. f) Submit to the medical examinations that are required by express rule as well as the comprehensive rehabilitation processes. g) Participate in joint organizations, training programs and other activities aimed at preventing occupational hazards organized by their employer or the Competent Authority. Machine Translated by Google h) Communicate to the employer any event or situation that puts or may put their safety and health and/or physical facilities at risk; must immediately adopt, if possible, the corrective measures of the case. i) Report to the security representatives or delegates, immediately, the occurrence of any work incident or accident. j) Compulsory attendance at training and training on Safety and Health at Work. TITLE V INFORMATION ON WORK ACCIDENTS AND OCCUPATIONAL DISEASES CHAPTER 1 POLICIES AT THE NATIONAL LEVEL Article 73.- The Ministry of Labor and Employment Promotion will be in charge of formulating, applying and periodically examining the information regarding: a) Registration, notification and investigation of work accidents and occupational diseases in coordination with the Ministry of Health. b) Registration, notification and investigation of dangerous incidents. c) Compilation, analysis and publication of statistics on work accidents, occupational diseases and dangerous incidents. Article 74.- Information on Work Accidents and Occupational Diseases and dangerous incidents will allow: a) Prevent accidents and damage to health caused by the development of work activity or on the occasion of it. b) Strengthen the different national data collection activities and integrate them into a coherent and reliable system on work accidents, occupational diseases and dangerous incidents. c) Establish the general principles and uniform procedures for the registration and notification of work accidents, occupational diseases, and dangerous incidents in all branches of economic activity. d) Facilitate the preparation of annual statistics on work accidents, occupational diseases and dangerous incidents. e) Facilitate comparative analysis for preventive promotional purposes. EPISODE 2 POLICIES AT THE LEVEL OF COMPANIES AND MEDICAL CENTERS Article 75.- Employers in all sectors of economic activity are obliged to notify the Ministry of Labor and Employment Promotion of all accidents of Machine Translated by Google fatal work, within 24 hours of the event, using Form No. 01 indicated in Annex 01 of this Regulation. Article 76.- The Employers are required to notify the other work accidents to the Medical Assistance Center where the injured worker is treated. Likewise, the public, private, military, police or social security Medical Assistance Center where the injured worker is treated for the first time, is obliged to notify these work accidents to the Ministry of Labor and Employment Promotion until the last business day of the month. following, by means of the data transmission system that is adopted; for which, Form No. 02 indicated in Annex 02 of this Regulation will be used. Article 77.- In the event of a dangerous incident that puts the health and physical integrity of workers and/or the population at risk, the Ministry of Labor and Employment Promotion must be notified by the employer within 24 hours of its occurrence. , using form No. 04 indicated in Annex 04 of this Regulation.(*) (*) Article modified by Article 1 of Supreme Decree No. 007-2007-TR, published on April 6, 2007, whose text is as follows: “Article 77.- In the event of a dangerous incident that puts the health and physical integrity of the workers and/or the population at risk, the employer must notify the Ministry of Labor and Employment Promotion and the Competent Sector when it is foreseen in its sector regulation, within 24 hours of production, using form No. 04 indicated in Annex 04 of this Regulation.” Article 78.- Labor incidents not regulated in articles 75, 76 and 77, will be notified by the employer to the Ministry of Labor and Employment Promotion within 10 calendar days of the following month, using Form No. 05 indicated in the Annex 05 of this Regulation.(*) (*) Article repealed by the Only Final Complementary Provision of Supreme Decree No. 007-2007-TR, published on April 6, 2007. Article 79.- In the event that the employing entity that contracts works, services or labor from worker cooperatives, service companies, contractors and subcontractors, as well as from any intermediary institution with the provision of labor, If an accident or incident occurs, they will be notified to the Ministry of Labor and Employment Promotion in accordance with articles 75, 76, 77 and 78 of this Regulation, by the company for whom the injured workers or those involved in the event provided services, under responsibility. (*) (*) Article modified by Article 1 of Supreme Decree No. 007-2007-TR, published on April 6, 2007, whose text is as follows: “Article 79.- In the event that the employing entity that contracts works, services or labor from worker cooperatives, service companies, contractors and subcontractors, as well as from any intermediary institution with the provision of labor If an accident or dangerous incident occurs, the Ministry of Labor and Employment Promotion will be notified in accordance with articles 75, 76 and 77 of this Regulation, by the user company and by the employer of the workers injured or involved in the event. , under responsibility.” Article 80.- Occupational diseases included in the national table or that meet the legal definition of these diseases that affect any worker, regardless of their employment status, will be notified by the Medical Center Machine Translated by Google Public or private care, within a period of five (5) business days after the diagnosis is made known to the Ministry of Labor and Employment Promotion and the Ministry of Health using Form No. 03 indicated in Annex 03 of these Regulations. Considering the characteristics of Occupational Diseases, notification is mandatory even if the case is diagnosed as: a) Suspicious – Probable b) Definitive - Confirmed The communication-notification must respect the secrecy of the medical act in accordance with the General Health Law. Article 81.- In the case of work accidents, occupational diseases and incidents that affect independent workers, the notification will be in charge of the same worker or his relatives in the Assistance Center that provides him the first attention, which will proceed in accordance to what is stated in article 76. Article 82.- Companies must have a record of work accidents, occupational diseases and incidents that occur to their workers. In the same way, companies must have a similar record for cases that occur to labor intermediation workers, as well as those who provide services independently or under training modality agreements, if applicable.(*) (*) Article repealed by the Only Final Complementary Provision of Supreme Decree No. 007-2007-TR, published on April 6, 2007. Article 83.- In the inspection procedures ordered by the Competent Authority, the company must display the record mentioned in the previous article, recording the events that have occurred in the last twelve (12) months and keeping them filed for a period of five (5) years after the event. Attached to the company's records, copies of notifications of work accidents must be kept.(*) (*) Article repealed by the Only Final Complementary Provision of Supreme Decree No. 007-2007-TR, published on April 6, 2007. Article 84.- When the same event causes injuries to more than one worker, an occupational accident record must be recorded for each worker.(*) (*) Article repealed by the Only Final Complementary Provision of Supreme Decree No. 007-2007-TR, published on April 6, 2007. CHAPTER 3 COLLECTION AND PUBLICATION OF STATISTICS Article 85.- The Ministry of Labor and Employment Promotion will publish monthly partial statistics on work accidents, occupational diseases and incidents based on the data notified to it. Comprehensive statistics will be published annually on its website. This information will be in the public domain and the name of the affected persons will be reserved. Machine Translated by Google Article 86.- Statistics on work accidents, occupational diseases and incidents will provide information on: a) The nature of the sources used: direct declarations with employers or by different organizations such as insurance institutions or labor inspections. b) The scope of the statistics: categories and occupations of the workers, branches of economic activity and the size of the companies. c) The definitions used. d) The methods used to record and notify work accidents, occupational diseases and incidents. CHAPTER 4 INVESTIGATION OF WORK ACCIDENTS, OCCUPATIONAL DISEASES INCIDENTS Article 87.- Employers must carry out investigations of work accidents, occupational diseases and dangerous incidents, which must be communicated to the Competent Authority, indicating the prevention measures adopted. Article 88.- Work accidents, occupational diseases and incidents will be investigated, according to the seriousness of the damage caused or potential risk, in order to: a) Verify the effectiveness of the health and safety measures in force at the time of the event. b) Determine the need to modify said measures; Y c) Verify the effectiveness, both at the national and business level, of the provisions regarding the registration and notification of work accidents, occupational diseases and incidents. Article 89.- If necessary, in a complementary manner to what is indicated in article 87, the Competent Authority and the other authorized bodies will carry out the investigation of work accidents, occupational diseases and incidents. Article 90.- During the investigation of work accidents, occupational diseases and incidents, either by the Competent Authority or by other authorized bodies, both the representatives of the employer and the workers will be present. Article 91.- The Competent Authority will carry out and publish reports on the investigations of work accidents, occupational diseases and incidents that involve situations of serious actual or potential risk for the workers and/or the population. Machine Translated by Google TITLE VI MANAGEMENT SYSTEM OVERSIGHT AND CONTROL MECHANISM CHAPTER 1 INSPECTION Article 92.- The Occupational Health and Safety inspectors of the Competent Authority and/or authorized inspectors are empowered to inspect all the positions and facilities of a work center, for which the employer or his representative will provide the required facilities. Article 93.- The corrective measures and observations of the inspections will be recorded in a Minutes and/or Special Book designated for this purpose by the employer. Said corrective measures must be implemented and the observations must be corrected within the established terms. Article 94.- The inspector or inspector will have facilities to: a) Enter freely at any time to a work center subject to inspection. b) Take samples and measurements that they consider necessary, examine books, records and request information related to Occupational Health and Safety. EPISODE 2 STOPPING WORKS Article 95.- When the Safety and Health at Work inspector verifies that the non-observance of the safety and health regulations implies, in his opinion, a serious and imminent risk for the safety and health of the workers, he may order the immediate cessation of such jobs or tasks. Said measure will be communicated to the employer in the inspection procedure itself, which will be duly supported with the indication of the term or condition that must be implemented. The employer will inform his workers immediately what happened. Article 96.- During the same visit, the employer may inform the Occupational Health and Safety inspector of the correction of the observations made in order to resume the suspended work. Article 97.- The Inspector of Safety and Health at Work will transfer his decision immediately to the Administrative Labor Authority. The employer, without prejudice to the immediate fulfillment of said decision and provided that he has declared his disagreement with the act, may challenge it before the Administrative Labor Authority within three (3) business days of the visit in question, expressly indicating the facts that are the subject of disagreement. The challenge must be resolved within a maximum period of forty-eight (48) hours. Article 98.- The stoppage of work will be lifted by the health and safety inspection that would have decreed it or by the employer, under his responsibility, as soon as the causes that motivated it are corrected, and in the latter case, it must be immediately communicated to the Competent Authority that declared the stoppage. Machine Translated by Google Article 99.- The stoppage of activities will be decreed without prejudice to the payment of the remuneration that corresponds to the affected workers. CHAPTER 3 GRADE OF INFRACTIONS Article 100.- Infractions of the Occupational Health and Safety regulations are the faults or omissions of the employer or third parties referred to in this Regulation. Article 101.- The infractions typified on Safety and Health at Work are sanctioned, without prejudice to the responsibilities of another order that may concur. Article 102.- Occupational Health and Safety infractions will be classified as minor (moderate), serious (important) and very serious (intolerable), according to the nature of the rule violated and the number of workers affected. Article 103.- They are minor infractions: a) The lack of order and cleanliness of the workplace that does not imply a risk to the physical integrity and health of the workers. b) Failure to report to the Competent Authority, in accordance with the provisions of this Regulation, of work accidents that have occurred, declared occupational diseases and incidents, when they are classified as minor. c) Failure to notify the competent authority of the opening of the work center or the resumption or continuation of work after making significant alterations or extensions or inaccurately entering the data that must be declared or supplemented, provided that it is not a qualified industry. high risk, because it is unhealthy or harmful and because of the dangerous elements, processes or materials that they handle. d) Non-compliance with the risk prevention regulations, provided that they lack serious importance for the physical integrity or health of the workers. e) Any other that affects formal obligations or documents required in the risk prevention regulations and that are not classified as serious or very serious. Article 104.- The following are serious infractions: a) Failure to carry out risk assessments and periodic controls of working conditions and worker activity or failure to carry out those prevention activities that are necessary according to the results of the assessments. b) Failure to carry out medical examinations and periodic monitoring tests of the health status of the workers or failure to notify the affected workers of the results thereof. c) Failure to report to the Competent Authority, in accordance with the provisions of these Regulations, the work accidents that have occurred and the occupational diseases declared when they are classified as serious, very serious or fatal, or failure to carry out the investigation in If there is damage to the health of workers or if there is an indication that preventive measures are insufficient. Machine Translated by Google d) Failure to notify the Competent Authority of the opening of the work center or the resumption or continuation of the work after carrying out alterations or extensions of importance or inaccurately consigning the data that must be declared or complemented, provided that it is an industry qualified as high risk, because it is unhealthy or harmful and because of the elements, processes or substances that they handle. e) Failure to comply with the obligation to prepare the health and safety plan or program for building projects and public works. f) Failure to comply with the obligations in terms of training and sufficient and adequate information to workers about the risks of the job and about the applicable preventive measures. g) Exceed the limits of exposure to contaminating agents, which creates risks of serious damage to the safety and health of workers. h) Failure to adopt the necessary measures in terms of first aid, firefighting and evacuation of workers. i) Failure to designate one or several workers to participate as a supervisor or member of the Health and Safety Committee. Article 105.- They are very serious infractions: a) Failing to observe the specific regulations regarding the protection of the safety and health of female workers during periods of pregnancy and lactation and of workers with disabilities. b) Failure to comply with the specific regulations regarding the protection of the safety and health of minors. c) Not stop or suspend immediately at the request of the health and safety inspection, the work that is carried out without observing the health and safety measures and that in the opinion of the inspection implies a serious and imminent risk to the physical integrity of Workers; or resume work without having previously remedied the causes that led to the stoppage. d) Appoint workers to positions whose conditions are incompatible with their known personal characteristics or without taking into consideration their professional capacities in matters of safety and health at work, when they derive from them a serious risk to health or serious and imminent for the worker safety. e) Failure to comply with the duty of confidentiality in the use of data relating to surveillance of the health of workers. f) Exceed the limits of exposure to contaminating agents that cause serious and imminent risks to the health of workers, if the appropriate preventive measures are not adopted. g) Actions and omissions that prevent the exercise of the right of workers to stop their activities in cases of serious and imminent risk. h) Failure to adopt the preventive measures applicable to working conditions from which a serious risk to health or serious and imminent risk to the safety of workers arises. Machine Translated by Google CHAPTER 4 SANCTIONS Article 106.- The sanctions for the infractions typified in the previous articles are imposed according to the following criteria: a) The absence or deficiency of the necessary preventive measures. b) Exposing workers to risk situations without having taken the corresponding safety measures. c) The unjustified breach of the obligations, repeated resistance or deliberate omission of these regulations, the rules and security procedures in force in each company. d) Failure to comply with individual or collective protection measures and failure to provide adequate instructions for risk prevention by the employer. e) Failure to comply with warnings or prior requirements of the Health and Safety at Work inspection. f) The number of workers affected. Article 107.- The employer in case of non-compliance with the provisions of this Regulation will be sanctioned by the Competent Authority, according to the scale of fines in force in each sector. SUPPLEMENTARY AND TRANSITIONAL PROVISIONS First.- This Regulation comes into effect from the day after its publication in the Official Gazette El Peruano, granting employers a period of 18 months to implement it. Second.- To the extent that the provisions of the respective Regulations of the different economic sectors are not incompatible with the provisions of this Regulation, these provisions will remain in force. In any case, when the aforementioned Regulations establish obligations and rights superior to those contained in this Regulation, those will prevail over the provisions of this Regulation. Third.- By means of a Ministerial Resolution of the Labor and Employment Promotion Sector, a multisectoral commission will be constituted to harmonize the sectoral provisions on safety and health, which, in accordance with the previous complementary provision, remain in force. CONCORDANCE: RM N° 247-2006-TR "Fourth.- The operation of the Occupational Safety and Health Committee, the adequacy of the Internal Occupational Safety and Health Regulations to this Regulation or the preparation of the same for the sectors that did not have this obligation, will be mandatory from 1 October 2007."(*) (*) Provision added by Article 3 of Supreme Decree No. 007-2007-TR, published on April 6, 2007. Machine Translated by Google "Fifth.- The audits referred to in article 32 of this Regulation will be mandatory as of January 1, 2009. The Ministry of Labor and Employment Promotion will regulate the registration and accreditation of authorized auditors, as well as the periodicity. of the same."(1)(2) (1) Provision added by Article 3 of Supreme Decree No. 007-2007-TR, published on April 6, 2007. (2) Pursuant to Article 6 of Supreme Decree No. 016-2009-EM, published on March 6, 2009, the mandatory nature of audits established by this Complementary and Transitory Provision is extended to January 1, 2012, except for the activities supervised and audited by OSINERGMIN and the corresponding Regional Governments. "Sixth.- The medical examinations referred to in paragraph d) of article 39 of this Regulation will be mandatory for companies once the following instruments are approved: a. The Diagnostic Guides for mandatory medical examinations by activity. b. Occupational medical examination protocols. c. The regulation of medical examinations in short-term temporary contracts. These instruments are approved by the competent authority before December 31, 2007. The medical examinations established in sector regulations remain in force and are required before the Competent Authority."(*) (*) Provision added by Article 3 of Supreme Decree No. 007-2007-TR, published on April 6, 2007. "Seventh.- The Register of Occupational Diseases and the Register of Occupational Medical Examinations will be mandatory as of the publication of the instruments referred to in the previous provision."(*) (*) Provision added by Article 3 of Supreme Decree No. 007-2007-TR, published on April 6, 2007. "Eighth.- The Agent and Ergonomic Risk Factor Monitoring Registry will be mandatory once the instrument for monitoring ergonomic risk factors and agents is approved, which will be approved by the competent authority before December 31, 2007. "(*) (*) Provision added by Article 3 of Supreme Decree No. 007-2007-TR, published on April 6, 2007. CONCORDANCES: RM Nº 375-2008-TR (Approving the Basic Ergonomics Standard and Disergonomic Risk Assessment Procedure) "Ninth.- The Ministry of Labor and Employment Promotion may issue complementary regulations through a Ministerial Resolution, especially to approve the following instruments: a. Regulations for the Constitution and Functioning of the Committee and appointment of the Occupational Health and Safety Supervisor. Machine Translated by Google b. Model of Internal Regulation of Health and Safety at Work. c. Basic Guide to the Occupational Health and Safety Management System. d. Records Technical Guide."(*) (*) Provision added by Article 3 of Supreme Decree No. 007-2007-TR, published on April 6, 2007. "Tenth.- As long as the sectoral standards are adapted to the provisions of this Regulation and the regulations are issued in the sectors that do not have safety and health standards, the Administrative Labor Authority will order and carry out guidance and technical assistance actions to referred to in numeral 2) of article 3 of Law No. 28806, General Labor Inspection Law, for a period of 6 months, without prejudice to the performance of inspection actions in cases of complaints for non-compliance with safety regulations and sectoral health and when knowledge of an accident at work or those indicated in the General Law of Labor Inspection is taken into account, where the supervisory and sanctioning action proceeds. The Ministry of Labor and Employment Promotion will implement the Operational Plan for Guidance and Technical Assistance in Safety and Health at Work, at the national level.”(*) (*) Provision added by Article 3 of Supreme Decree No. 007-2007-TR, published on April 6, 2007.