Health And Safety At Work Act Once And For All
Health and safety at work act The employer has a duty to safeguard the safety and is obliged to enforce regulations on health and safety at work. Employers and workers are obliged to take legal measures to avoid occupational hazards; repair any damage resulting from work accidents and professional illnesses; effectively prevent occupational hazards, and make concrete commitments to comply with health and safety at work.
Employers must adopt and apply adequate health and safety measures to protect the life and integrity of workers, taking special care of adequate environmental and hygiene conditions, such as protective covers for machinery, the supply of protective equipment, safety in work processes
It is mandatory for an employer to perform pre-occupational and periodic medical health checks. The employer must also provide adequate facilities for immediate first aid; sanitary facilities, independent for each sex and proportional to the number of workers; water reserves for human use; and the independent rest and dining area.
Employers must also provide occupational risk insurance to their workers or that they can obtain insurance for themselves that can provide financial guarantees required by law and the necessary medical services and other measures provided by law. Otherwise, employers must take out insurance with a private Occupational Risk Insurer (ART). ART is also responsible for periodic risk assessment.
The employer has to compensate for any damage resulting from the breach of the obligations provided by law. Workers must also respect and comply with legislation.
Sources: Art 75 of the Labor Contract Law, No. 20,744, of 1976; Arts 3, 4 of the Workers’ Compensation of Law No. 24,557 of 1995; Arts. 8-10, 46-58 of Health and Safety at Work Law No. 19,587 of 1972
The Health and Safety at Work Law (No. 19,587 of 1972) obliges the employer to provide and maintain a safe working environment without risks to the health of workers.
It is mandatory for an employer to provide and maintain plants, systems including work procedures that are safe and without risk to the health of workers. However, as independent contractors, platform workers are not protected by this law.
Employers are obliged to promote the training of personnel in occupational health and safety, in particular with regard to the prevention of specific risks of certain tasks. The Occupational Risk Insurer must include a training program for workers and the employer in its action plan to prevent occupational risks. Sources: Art 9 (k) of Health and Safety at Work Law No. 19,587 of 1972; Art 4 (2) (d) of the Workers’ Compensation of Law No. 24,557 of 1995)
The Labor Regime Law No. 25,877 establishes a labor inspection system. However, as indicated in the comments of the Committee of Experts on the Application of the Convention and the Recommendation (CEACR), labor inspection is a poor system and does not meet the requirements of ILO Convention 081.
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Argentina is made up of twenty-three provinces organized as a federation and each province has a different inspection law. The powers of the labor inspectors depend on this administrative division (provincial jurisdiction). In order to guarantee compliance with labor laws, national law creates a Comprehensive System of Labor Inspection and Social Security.
The Labor inspector has the authority to enter the workplace at any time during the day and night and without prior notice; ask for information; gather evidence; take or take samples of substances and materials used in the workplace as prescribed by labor law; and they can ask the police for help if necessary.
Labor inspectors are empowered to order the employer to take steps to comply with legal obligations regarding occupational safety. In the event of non-compliance with legal obligations, inspectors can issue a warning to the employer and can also impose financial penalties when there are obstructions to the inspectors’ actions. The penalties for companies that do not comply with the law depend on the size of the company and other factors.
National legislation has also empowered inspectors to shut down a workplace and demand the cessation of tasks that pose a serious and imminent risk to the safety and health of workers. Source: Arts- 28-38 of the Labor System Law No. 25,877 of 2004
The Comprehensive Labor and Social Security Inspection System does not have a direct function to guarantee compliance with working conditions, except in cases where independent workers have hired other workers.
Employment Contract Law, No. 20,744, 1976 / Employment Contract Act, No. 20,744, 1976
Occupational Hazards Act No. 24,557, 1995 / Workers’ Compensation Law No. 24,557, 1995
Health and Safety at Work Law No. 19.587, 1972 / Health & Safety at Work Law No. 19.587, 1972
Labor Ordinance Law No. 25,877, 2004 / Work System Law No. 25,877, 2004