Occupational Health and Prevention Services: mandatory for Companies with 50 to 150 employees

Occupational Health and Prevention Services: mandatory for Companies with 50 to 150 employees

In accordance with Decree 381/021, as of today, the obligation to implement Occupational Health and Prevention Services ("SPST") comes into effect for companies with between 50 and 150 workers.

Occupational Health and Prevention Services: mandatory for Companies with 50 to 150 employees

The formation of a multidisciplinary team for advising on the prevention of risks and occupational diseases is required, as indicated by the regulation. This team must be composed of a work safety advisor (e.g. Prevention Technician) and a Medical specialist in occupational health (or occupational medicine company), who must work together with the aim of promoting the health care of workers. In these types of companies, the SPST may be external and must intervene on a quarterly basis, at a minimum.

Regarding the tasks or duties that these SPST will have, the regulation (Decree 127/014) lists in detail a set of functions and establishes that companies must mandatorily have a risk prevention and health monitoring plan, prepared by these services. These tasks must be carried out with the cooperation of the workers' health delegates.

What are the functions of these SPST?

Among the various functions determined by the Decree, we highlight the following:

a) identification and assessment of risks that may affect health at work;
b) monitoring of environmental factors and work practices that may affect health (including sanitary facilities, dining rooms, and accommodations);
c) advice on planning and organizing work that may affect the health and safety of workers;
d) participation in programs to improve working conditions and practices and in tests and evaluation of new equipment, in relation to health;
e) assistance in adopting measures for professional rehabilitation;
f) collaboration in disseminating information, training and education in health and hygiene at work and ergonomics;
g) organization of first aid and emergency care;
h) participation in the analysis of work accidents and occupational diseases, keeping a statistical record of them;
i) development of emergency and contingency plans and programs in case of accidents within the company.

The regulation also establishes that health surveillance of workers should not result in any loss of income for them. On the contrary, it must be free and, as far as possible, carried out during working hours (for example, occupational medical examinations).

Likewise, this regulation provides that all workers must be informed of the health risks involved in their work and how to prevent them, and workers must inform the SPST of any known or suspected factor in the work environment that may affect health, so that advisors can identify any relationship between the causes of illness or absence and the health risks that may arise in the workplace.

Montevideo, May 2, 2022.

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About la autora

LAWYER - PARTNER

Dr. Mariana Casella

Doctor in Law and Social Sciences, graduated from the University of the Republic. Her professional practice and training is focused on Labor Law, with a postgraduate degree in Labor Law (University of Montevideo). Since joining the firm in 2013 "Castellán Legal | Fiscal | Contable" she has led the Labor Department, becoming a partner in 2016.

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