In Paraguay, the Ministry of Justice and Labour is the central authority for health and safety laws. It formulates, implements, and enforces these policies and laws. A unit within this ministry, the Occupational Safety and Hygiene Directorate, is specifically responsible for the administration of these laws.

Foundational Health and Safety Legislation

The General Technical Regulation on Occupational Safety, Hygiene, and Medicine is the cornerstone legislation outlining health and safety standards in Paraguay. It mandates minimum technical requirements for preventing hazards and promoting safe environments across all sectors. The Labour Code complements these laws with provisions on worker and employer rights and responsibilities regarding health and safety.

Employer Responsibilities

Employers must provide workplaces free from recognized hazards, including adequate facilities, equipment, and protective measures appropriate to the work. They are responsible for conducting thorough risk assessments and implementing preventive action plans to mitigate identified risks. Employers must provide comprehensive health and safety training to workers, ensuring they understand hazards, safe procedures, and their rights. Information on risks and preventive measures must be clearly communicated. When necessary, employers must supply and maintain appropriate Personal Protective Equipment (PPE) for workers at no cost. In workplaces with more than 50 employees, joint employer-worker safety and health committees are required. Employers must maintain records of work-related accidents, injuries, illnesses, and carry out necessary investigations. Serious incidents must be reported to authorities.

Worker Rights

Workers may refuse to perform tasks they reasonably believe pose an imminent and serious danger to their life or health. They must immediately inform their supervisor. Workers have the right to be informed about workplace hazards, participate in safety and health committees, and contribute to the development of health and safety policies. Workers cannot be discriminated against or terminated for exercising their health and safety rights.

Specific Provisions

Regulations cover the classification, labeling, and safe handling of hazardous chemicals, including the use of Material Safety Data Sheets (MSDSs). Specific regulations address hazards unique to the construction industry, such as fall protection, scaffolding, and excavation safety. Laws mandate safety standards for machinery, equipment, and tools to prevent injuries. Regulations detail fire prevention measures, evacuation procedures, and the use of firefighting equipment. Employers must provide first aid facilities and ensure workers are trained in basic first aid. Emergency preparedness plans are required.

Enforcement and Penalties

The Occupational Safety and Hygiene Directorate carries out inspections to monitor compliance with health and safety laws. Violations can result in warnings, fines, temporary work stoppages, or even closures in severe cases.

Workplaces must maintain adequate sanitary facilities, provide clean drinking water, and ensure appropriate waste disposal. Adequate ventilation and measures to control indoor air contaminants are required to safeguard respiratory health. Work environments must have sufficient lighting levels suitable for the work performed to prevent eye strain and accidents. Workspaces must implement measures to reduce excessive noise levels, including engineering controls and hearing protection for workers. Maintaining clean and organized work areas is essential for preventing slips, trips, and falls.

Sanitation and Facilities

Workplaces should be equipped with clean and functional sanitary facilities. This includes access to clean drinking water and proper waste disposal systems.

Ventilation and Air Quality

Adequate ventilation is crucial in maintaining good air quality in the workplace. Measures should be in place to control indoor air contaminants and protect workers' respiratory health.

Lighting

Sufficient lighting is necessary in all work environments. It helps prevent eye strain and accidents, making it an essential aspect of occupational safety.

Noise Control

Workspaces should have measures in place to reduce excessive noise levels. This can include engineering controls and providing hearing protection for workers.

Housekeeping and Order

Clean and organized work areas are vital in preventing accidents such as slips, trips, and falls.

Fire Safety

Workplaces should have fire prevention measures in place. This includes fire extinguishers, safe storage of flammable materials, and emergency evacuation plans.

Electrical Safety

Electrical installations and equipment should comply with safety standards to prevent shocks and electrical fires. Lockout/tagout procedures should be in place for maintenance.

Machine Guarding

Moving parts on machinery and equipment should be protected with guards or barriers to prevent worker contact.

Ergonomics

Employers should consider ergonomic principles when designing workstations and work tasks. This can help minimize repetitive strain injuries and musculoskeletal disorders.

Personal Protective Equipment

Personal Protective Equipment (PPE), such as hard hats, safety glasses, gloves, and respirators, should be provided where hazards cannot be fully eliminated through other means.

Hazardous Chemical Management

The safe handling, storage, labeling, and disposal of hazardous chemicals in workplaces should be governed by regulations.

Material Safety Data Sheets (MSDS)

Employers should have MSDSs available for hazardous chemicals used in the workplace. Workers should be trained on their contents.

Industry-Specific Standards

Specific regulations should address unique hazards in industries such as construction, agriculture, and mining.

Occupational Health Surveillance

In some cases, pre-employment health exams may be required for workers exposed to specific hazards. Certain high-risk occupations may necessitate regular medical checkups to monitor worker health.

Workplace inspections play a crucial role in identifying and assessing hazards, verifying compliance with safety regulations, and promoting a culture of safety. In Paraguay, the Occupational Safety and Hygiene Directorate, under the Ministry of Justice and Labour, is primarily responsible for conducting these inspections.

The Inspection Process

The inspection process begins with planning and scheduling, which can be routine, triggered by complaints, or follow-up on prior violations or serious accidents. The Occupational Safety and Hygiene Directorate may prioritize high-risk industries or workplaces with a history of incidents.

During the inspection, inspectors introduce themselves, present credentials, and outline the scope of the inspection. They then observe work processes, facilities, equipment, and review relevant documentation. Inspectors may also interview both workers and management regarding workplace safety and health practices.

After the inspection, the inspector provides a preliminary summary of findings and discusses potential areas of non-compliance with the employer. A formal report details the inspector's findings, observed violations, and recommended corrective actions. Employers are then given a timeline to rectify identified violations, and follow-up inspections may be conducted to verify compliance.

Inspection Criteria

Inspections generally encompass general workplace conditions, hazard identification and control, OSH Management Systems, and industry-specific hazards.

Inspection Frequency

The frequency of workplace inspections in Paraguay is not strictly defined by law. Factors influencing inspection scheduling include the industry risk profile, company history, and worker complaints.

Follow-up Actions

For observed violations, inspectors issue corrective orders outlining necessary actions and deadlines. In cases of non-compliance or severe breaches, fines or temporary work stoppages can be imposed. In extreme cases of negligence resulting in serious injury or death, criminal charges may be pursued.

Workplace accidents are a serious matter that require immediate attention and action. Employers are legally required to report severe work-related accidents and injuries to the relevant authorities. The timeframe for reporting these incidents may vary depending on the severity of the accident. In most cases, immediate notification is required for severe or fatal accidents.

Accident Investigation

Employers are obligated to conduct internal investigations into workplace accidents. The aim of these investigations is to identify the root causes and implement corrective measures to prevent a recurrence. Worker representatives or safety committees have the right to participate in these investigations. In cases of serious or fatal accidents, an independent investigation may be conducted by the relevant authorities to determine if any regulatory violations occurred.

Compensation Claims

In the event of work-related injuries and illnesses, compensation is provided through the social security system, managed by the Social Welfare Institute (Instituto de Previsión Social - IPS). The types of benefits covered may include temporary disability payments, permanent disability pensions, medical treatment and rehabilitation, and survivors' benefits in case of death. Injured workers or their dependents are required to file claims with the IPS, adhering to specific deadlines and processes.

Key Points to Consider

Employers are required to maintain detailed records of workplace accidents and injuries, regardless of their severity. The primary focus of the legislation is on preventing accidents and illnesses through proactive hazard identification and risk control measures. It's important to note that workers are protected from retaliation for reporting workplace accidents or exercising their rights related to compensation claims.