Departments of health and safety at work according to LOPCYMAT
Perhaps the most important point that relates a company (cooperative or any association or foundation) with LOPCYMAT, is the Department of Safety and Health at Work, it is responsible for keeping the company up with LOPCYMAT and should ensure occupational health through occupational medicine, hygiene, ergonomics and industrial safety through the implementation of an appropriate program of safety and Health at work and the Epidemiological Surveillance System and the use of leisure time.
All workplaces, regardless of the number of employees (from an employee) must have this body in the business. The small business must have a joint service. Large companies (over 250 employees) should have a personal service. Between 50 and 250 employees, the decision to implement its own or joint service depends on the activities undertaken.
Medicina Laboral de Venezuela C.A. specializes in these Safety & Health at Work, Mancomunados and Proper.
Under Article 20 of the Partial Regulations LOPCYMAT, security services and health at work is defined as a structure belonging own organization (for legal purposes) the employer whose objectives are the promotion, prevention and safety monitoring, health conditions and working environment, protect human rights, life, health and personal safety of the workers.
According to this article, those departments should be formed by professionals from different disciplines in the areas of safety and health at work, ie, medical doctors, nurses, epidemiologists, hygienists, industriólogos, engineers, psychologists, ergonomists and others.
Under Article 39 of the LOPCYMAT, all companies, including cooperatives, foundations and associations should organize a Department of Safety and Health at Work, which may be OWN or JOINT.
Article 40 of the LOPCYMAT the Departments of Safety and Health at Work will have the following functions:
Article 21 of the Partial Regulations LOPCYMAT establishes the following functions:
What does OWN and JOINT?
Article 22 of the Partial Regulations LOPCYMAT states when the company should adopt an Occupational Safety and Health at Work OWN character:
What are these economic activities indicated in the technical standards that have been issued in this regard?
The technical standard is currently under discussion as Draft International Standard Safety & Health at Work Own. In Annex 1 of that list is a set of economic activities if they are developed by a company with 50 or more employees must then assume a Department of Safety and Health at Work specific character.
Those companies whose economic activities are different from those mentioned in the said list may use a Department of Safety and Health at Work Joint type, provided they have less than 250 employees.
What is a Department of Safety and Health at Work of joint type and how they differ from those of own character?
Although the Technical Standard Departments of Safety and Health at Work Joint, has not been published yet and the Proper Services is still under discussion, we performed an analysis of the LOPCYMAT and Regulations is likely to suffer some modifications to get the standard Joint Services.
Article 23 of the Partial Regulations LOPCYMAT talks about the Departments of Safety and Health at Work Joint. It provides:
Location of the Departments of Health and Safety at Work
Article 25 of the Partial Regulations LOPCYMAT specifies that the security and health at work must be in the workplace, establishing or operating unit or in their vicinity, without specifying whether it relates to themselves or pooled services.
Now, the Draft Technical Standard "Department of Safety and Health at Work Own", specifies that such departments should be located exactly in the workplace, without exception, which then leaves the possibility that the joint departments not are within its workplace but in their proximity, the concept is not defined in the LOPCYMAT and Regulations.
Free of charge from the Departments of Health and Safety at Work
Article 26 of the Partial Regulations LOPCYMAT specifies that the departments of health and safety at work must be free of charge for workers, including the evaluation and medical history, laboratory tests, special tests (chest radiographs, spirometry , audiometry and others).
Hours and compensation in which employees should be evaluated by the departments of health and safety at work
Article 26 of the Partial Regulations detailing the mandatory LOPCYMAT workers when attending the Departments of Health and Safety at Work shall be paid to the payment of wages and other economic benefits as if they had actually worked the day.
Although not specifically detailed in what time should attend services, our suggestion is that you do during working hours, with some exceptions such as night workers, holidays and weekends, however, should be remunerated assistance department safety and health at work.