Departments of health and safety at work according to LOPCYMAT
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:
- Ensure protection against any unsafe conditions at the center or during work.
- Ensure maximum bio-psycho-social welfare workers possible.
- Identify, evaluate and propose risk factors and unsafe conditions in enterprises.
- Advise employers and workers on safety and health at work.
- Monitoring the health of workers in relation to work.
- Provide workers reports, surveys, clinical and laboratory analysis to be performed.
- Ensure compliance of the holiday by the workers and the rest of the daily job.
- Apply a System of Epidemiological Surveillance of occupational accidents and diseases.
- Apply a System of Monitoring the use of leisure time.
- Report accidents and occupational diseases to INPSASEL.
- Develop programs to promote safety and health at work, prevention of occupational accidents and diseases, recreational use of leisure, rest and social tourism.
- Ensure the construction, equipping, maintenance and protection of spaces for recreation programs, use of leisure, rest and social tourism.
- Sort care systems first aid, transport injured, emergency care and medica responses and contingency plans.
- Investigate accidents and occupational diseases in order to explain what happened and take measures.
- Evaluate and understand the conditions of the new facilities before starting its operation.
- Prepare the proposed program of Safety and Health at Work and the consideration of the Committee on Occupational Safety and Health and then submit it to the INPSASEL and approval.
- Approve new media projects and jobs or reshaping them in relation to their health and safety component at work.
- Participate in the development of plans and training of workers.
Article 21 of the Partial Regulations LOPCYMAT establishes the following functions:
- Suggest corrective to control the conditions and unsafe working environment or risk to physical and mental health of workers or family.
- Inform, educate and advise workers on safety and health at work.
- Apply a System of Epidemiological Surveillance of occupational accidents and diseases.
- Apply a System of Monitoring the use of leisure time.
- Report accidents and occupational diseases to INPSASEL.
- Report to the Ministry of Health notifiable diseases other than occupational character.
- Making the diagnosis of occupational diseases suffered by workers in coordination with the INPSASEL and the Ministry of Health.
- Evaluate and understand the conditions of the new facilities, machinery and equipment before beginning their operation, and train and train workers and working on them.
- Develop the proposed Program Safety and Health at Work with the active participation of workers and consideration of the Committee on Occupational Safety and Health, and then present it to INPSASEL for approval and registration.
- Implementing the Programme on Safety and Health at Work.
- Coordinate with the department of human resources or the person acting in the performance of their duties.
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:
- When the company has more than 250 employees.
- When the company has 50 or more employees and develop any economic activity specified in the technical regulations issued in this regard.
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:
- For legal purposes, have the same requirements as the Department of Safety and Health in own work, and is considered as own departments patterns that integrate, ie, if an intermediary such as Medicina Laboral de Venezuela C.A. provides this joint service our headquarters in Chacao to a company located in Altamira, that service shall be considered as own apartment company located in Altamira, despite being administered by Medicina Laboral de Venezuela C.A.
- Should be agreed in writing the provision of joint services between the intermediary (such as Medicina Laboral de Venezuela C.A.) and the contracting company.
- Such written agreement or contract shall bear the following points:
- Labor Identification Number (NIL) of the company providing the joint service (eg Medicina Laboral de Venezuela C.A.).
- Indication of services and to develop the means to performed.
- Indication of workplaces, establishments, tasks or operating units of the contracting company.
- Active Labor Solvency of the company providing the joint service. Currently, this requirement only when the State is providing the contracting company is the same State.
- Duration of contract.
- Economic conditions.
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.