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Safety of workers of contractors, subcontractors, special services and cooperatives 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: Registers lye to occupational diseases shall be conserved for 20 years.
The employer must ensure that workers and their lry are consulted, informed and trained on all aspects of health and safety related to their work, including provisions for emergency situations.
Inspectors can issue recommendations and suggest adequate measures to comply with OSH law. Companies with most representative unions incorporate a one union member as an observer. Any natural or legal person, private or public entity, who employs one or more workers.
Employers with more than twenty workers must establish a committee of safety and health at work, whose functions are defined in the regulations, which is formed of equal numbers of representatives of the employer and the worker.
Furthermore, there is a Law No. Workers have the right to be transferred in case of occupational accident or disease to another post involving less risk to their safety and health, without any prejudice to their remunerative rights and category; with exception to absolute permanent disability. There is also legislation covering specific OSH aspects: It will be tripartite in nature and attached to the Labour and Employment Promotion Sector.
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. The person who deliberately violate OSH provisions and being legally obliged to comply with them, and having been notified previously by the competent authority because of the lack of adoption of measures foreseen in the labour provisions and as a direct consequence to this nonobservance, have exposed the lives, health and physical integrity of their workers to an imminent risk shall be sanctioned with imprisonment from 1 to 4 years.
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.
Nevertheless, there are specific OSH rules for the mines sector and dock work. These legal texts constitute the leading OSH legislation in Peru.
CONTACTO Y SERVICIOS
The structure of the Labour Inspectorate consists of the Central Authority Inspection System and Regional Labour Inspectorates, which technically operate under the Central Authority Inspection System with regard to labour inspection, and organically, under the organ of the Public Administration holding competence on the social and labour matters they are acting on.
Labour inspectors have the following rights among others: Safety of workers of contractors, subcontractors, special services and cooperatives. 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.
However, it is not a requirement.
Pérou – 2015
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. The Labour Inspectorate is responsible to make ssf that there is an accurate compliance with OSH legislation.
Micro, small and medium enterprises and undertakings not realizing high risk ast shall have simplified registers. The employer has the obligation to ensure the safety and health of workers in the performance of all aspects of their work. 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.
A copy of the meeting minutes is delivered to all OSH committee members and to the highest body of management of the employer. The National Health Institute has the following functions: The employer establishes the measures and instructions to ensure that, in case of an imminent danger that involves a significant risk to the safety and health of workers, they can stop work, and even, if necessary, immediately leave the workplace.
Inspectors can propose sanctioning measures to the Entity which is in task of managing the social insurance when there are social security infringements. In addition, there are several pieces of legislation regulating occupational safety and health in the mining sector and for dock workers.
Correspondencia Ley y OHSAS – PDF Free Download
To fulfil its objectives, the National Health Institute has the following organizational structure:. The person who involuntary causes the death of another person will be punished with a maximum imprisonment of 2 years or by servicing tho the community from 52 to working days. Anyone who carries out a subordinate or autonomous work activities 297833 a private employer or the State. If as a consequence of the deliberate nonobservance of OSH provisions death or serious injury is caused swt 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.
Correspondencia Ley 29783 y OHSAS
Employers are under the obligation to record accidents, occupational diseases and dangerous incidents which have taken place at the workplace. Members of the joint OSH committee and OSH supervisors are entitled to obtain, a licence subject to prior authorization allowing them to carry out their duties, to be protected against unfair dismissal and to use facilities for the performance of their duties in their respective areas of work, six months before and six months after the end of their function.
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. National OSH Committee, protection of pregnant and lactating women, sexual harassment, labour inspection, etc.
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. Domestic workers fall under the scope of the definition of worker provided by the Law.
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: