Employer´s rights (article 55 of the LOPCYMAT)
Employers and employers have the right to:
- Require their workers comply with the rules of hygiene, safety and ergonomics, and prevention policies and participate in programs for recreation, use of leisure, rest and social tourism that will improve their quality of life, health and productivity.
- Actively participate in the Committees on Occupational Safety and Health.
- Participate in the discussion and adoption of national, regional and local policies, by industry, company and property in the area of safety and health at work.
- Request and receive advice from the Committee on Occupational Safety and Health of the workplace, the INPSASEL and other relevant bodies.
- Participate individually and collectively in activities aimed at improving the quality of service provision Benefit System Safety and Health at Work.
- Receive information and training in health, hygiene, safety, welfare work, recreation, use of leisure, rest and social tourism time by the competent bodies.
- Require workers proper use and maintain in good operating condition control systems installed unsafe conditions work in the company or job.
- Require workers adequate and properly use and maintain in good condition protective equipment supplied to preserve the health.
- Requiring workers to good use and care of basic sanitation facilities as well as facilities and amenities for recreation, use of leisure time, rest, social tourism, food consumption, cultural, sports and overall all the facilities of the workplace.
- Requiring workers to good use and care of basic sanitation facilities as well as facilities and amenities for recreation, use of leisure time, rest, social tourism, food consumption, cultural, sports and overall all the facilities of the workplace.
- Suggest to the Committee on Safety and Health warnings to workers who fail to comply with the duties set out in article 54 of this law.
- Receive prompt and adequate response in relation to their applications to the competent bodies.
- Receiving, in the time periods provided by this law and its Regulations, refunds of payments made to workers in the event of temporary disability benefits daily.
- Requiring workers to good use and care of basic sanitation facilities as well as facilities and amenities for recreation, use of leisure time, rest, social tourism, food consumption, cultural, sports and overall all the facilities of the workplace.
- Getting the Benefit System Safety and Health at Work is subrogated to the obligations of the employer's liability upon the occurrence of an accident or illness when there was no negligence or willful misconduct by the employer or the employer.
- Be reclassified in a timely and appropriate manner in relation to the risk categories established ranking companies for the purpose of contributions to the Benefit System Safety and Health at Work.
- Report to the Superintendent of Social Security registration irregularities concerning the awarding benefits and Benefit System Safety and Health at Work.
- Report to the competent authorities and to receive prompt and timely response for any violation of the laws and regulations in force regulations on conditions and working environment, general environment, recreation conditions, use of leisure, rest and social tourism, which affects the environment working for your company, by neighboring businesses or public or private bodies.
- Require their workers to refrain from any act or engaging in conduct that may affect the sound operation of the Benefit System Safety and Health at Work.
- Exercise defense against accusations or allegations that may acarrearle sanctions under the provisions of this law.
Obligations of employers (Article 56 of the LOPCYMAT)
The duties of employers, they take steps to ensure workers health conditions, health, safety and welfare at work, and recreation programs, use of leisure, rest and social tourism and infrastructure for its development in the terms stipulated in this law and international treaties signed by the Republic, the laws and regulations that may be established, as well as individual employment contracts and collective agreements. For this they must:
- Organize the work in accordance with the technological advances that allow implementation in appropriate physical and mental capacity of workers, their habits and cultural beliefs and dignity as human persons conditions.
- Consult workers and their organizations, and the Committee on Occupational Safety and Health, while they execute, the measures to be changes in work organization that may affect a group or all of the workers or important decisions of health and safety and working environment.
- Report in writing to the workers, the principles of prevention of unsafe or unhealthy conditions to enter and to a change in the work process or a modification of the job and instruct and train them regarding the promotion of health and safety, accident prevention and occupational diseases as well as in regard to use of personal safety devices and protective.
- Written notice to workers and the Committee on Occupational Safety and Health unsafe conditions to which they are exposed first, by the action of physical, chemical, biological, meteorological conditions or psychosocial disergonómicas or agents that can cause damage to health, according to the criteria established by the INPSASEL.
- Refrain from, directly or by their representatives, any offensive, malicious, intimidating and any act that harms psychological or morally workers conduct, prevent any bullying situation through the degradation of working conditions and environment physical or psychological violence, isolation or failure to provide reasonable worker occupation according to their abilities and background and avoid the application of sanctions justified or not clearly disproportionate and systematic and unjustified criticism of the worker or work.
- Report in writing to INPSASEL and the National Institute for Training and Recreation Workers (INCRET) of the social programs developed for recreation, use of leisure, rest and tourism, the state of the infrastructure for the implementation thereof, the impact on quality of life, health and productivity, as well as difficulties in the inclusion and active participation of the workers in them.
- Develop, with the participation of workers, the Occupational Safety and Health Program at Work Company, commitments and policies and internal regulations related to the subject and plan and organize production according to these programs, policies, commitments and regulations.
- Take appropriate steps to prevent any form of sexual harassment and establish a policy to eradicate it from the workplace.
- Refrain from discrimination against applicants to obtain work or against workers, within the requirements of productive activity, respect freedom of conscience and expression of workers.
- Take all appropriate measures to ensure the privacy of correspondence and communications workers and free access to all data and information relating to him.
- Notify INPSASEL, mandatory, occupational diseases, accidents and any other pathological conditions that may occur in the workplace provided by this law and its regulations and keep a record thereof.
- Bring an updated condition prevention, occupational safety and health record as well as recreational use of leisure, rest and social tourism time according to the criteria established by the information systems INPSASEL.
- In case of activities to be dangerous to be considered by the Regulation and subject to special controls for damages caused to workers or the environment, report in writing to INPSASEL unsafe conditions and measures developed to control according to criteria established by the INPSASEL.
- Documenting policies and principles adopted for safety and health at work in accordance with the provisions of this law and the regulations that develop.
- Organize and maintain the Safety & Health at Work provided in this law.