Ensuring a safe and healthy workplace is a fundamental requirement for businesses operating in Peru. The country has established a comprehensive legal framework aimed at protecting workers from occupational hazards and promoting a culture of prevention. Compliance with these regulations is not only a legal obligation but also crucial for maintaining productivity, employee well-being, and a positive corporate reputation.
Navigating the specifics of Peruvian health and safety laws requires understanding the key legislation, implementing appropriate standards and practices, and adhering to established protocols for inspections and incident management. Employers must proactively manage risks, provide necessary training, and foster collaboration with employees to create secure working environments.
Health and Safety Laws and Regulatory Framework
Peru's occupational health and safety (OHS) framework is primarily governed by Law No. 29783, the Law on Safety and Health at Work, and its regulations, Supreme Decree No. 005-2012-TR. This foundational legislation establishes the general principles, rights, and obligations related to OHS across all economic sectors. It emphasizes a preventive approach and the responsibility of employers to guarantee safe working conditions.
Key aspects of the legal framework include:
- Principle of Prevention: Employers must take necessary measures to identify, evaluate, and control risks to prevent occupational accidents and diseases.
- Management System: Implementation of an OHS Management System is mandatory for all employers, tailored to the size and nature of the business.
- Worker Participation: The law promotes active participation of workers and their representatives in OHS matters.
- State Oversight: The National Superintendence of Labor Inspection (SUNAFIL) is the primary body responsible for enforcing OHS regulations.
| Key Legislation | Description |
|---|---|
| Law No. 29783 | General Law on Safety and Health at Work, establishes core principles. |
| Supreme Decree No. 005-2012-TR | Regulations of Law No. 29783, provides detailed implementation guidelines. |
| Sector-Specific Regulations | Additional rules may apply depending on the industry (e.g., mining, construction). |
Occupational Health and Safety Standards and Practices
Compliance with Peruvian OHS laws requires implementing specific standards and practices within the workplace. A cornerstone is the development and implementation of an OHS Management System, which should include policies, planning, implementation, evaluation, and improvement processes.
Essential standards and practices include:
- Risk Assessment (Identificación de Peligros y Evaluación de Riesgos - IPER): Employers must identify hazards, evaluate risks, and establish control measures. This process should be documented and updated regularly.
- Safety Committees (Comité de Seguridad y Salud en el Trabajo - CSST): Companies with 20 or more employees must establish a bipartite OHS Committee composed of employer and employee representatives. Smaller companies require an OHS Supervisor. The committee/supervisor participates in risk assessments, inspections, accident investigations, and promotes OHS policies.
- Training Requirements: Employers are obligated to provide adequate and specific OHS training to all workers upon hiring, when changing roles, when new technology is introduced, or when risks change. Training should cover identified risks, preventive measures, and emergency procedures.
- Documentation Obligations: Maintaining comprehensive records is mandatory. This includes documentation of the OHS Management System, risk assessments (IPER), OHS policies, training records, inspection reports, accident/incident reports, and health monitoring results.
- Health Monitoring: Employers must provide health surveillance for workers exposed to specific risks, in accordance with regulations.
- Personal Protective Equipment (PPE): Employers must provide appropriate PPE free of charge and ensure its correct use and maintenance.
Workplace Inspection Processes and Requirements
SUNAFIL is the main authority conducting workplace inspections in Peru to verify compliance with OHS regulations. Inspections can be scheduled or unannounced and may be triggered by complaints, accidents, or routine checks.
During an inspection, SUNAFIL inspectors will typically review:
- The OHS Management System documentation.
- Risk assessments (IPER) and implemented control measures.
- Training records.
- Safety Committee/Supervisor documentation and meeting minutes.
- Workplace conditions (machinery safety, ergonomics, chemical handling, emergency exits, etc.).
- Accident and incident reports.
- Health monitoring records.
- Compliance with sector-specific regulations, if applicable.
Employers must cooperate fully with inspectors and provide access to relevant areas and documentation. Non-compliance identified during an inspection can result in warnings, corrective action requirements, and significant fines.
Workplace Accident Protocols and Reporting
Peruvian law mandates specific protocols for responding to workplace accidents and incidents and requires their reporting to the relevant authorities.
Key steps and reporting requirements:
- Immediate Response: Provide first aid and necessary medical attention to the injured worker(s).
- Investigation: Conduct a thorough investigation to determine the causes of the accident or incident. The OHS Committee/Supervisor should participate in this process.
- Corrective Actions: Implement measures to prevent recurrence based on the investigation findings.
- Reporting:
- Fatal Accidents and Serious Incidents: Must be reported to the Ministry of Labor and Promotion of Employment (MTPE) and SUNAFIL within 24 hours of occurrence.
- Non-Fatal Accidents and Occupational Diseases: Must be reported to the MTPE and SUNAFIL within the first working day following knowledge of the event.
- Reporting is typically done electronically through the MTPE's online platform.
Maintaining detailed records of all accidents, incidents, and investigations is crucial for compliance and continuous improvement of OHS performance.
Employer and Employee Responsibilities for Workplace Safety
Both employers and employees have distinct but complementary responsibilities under Peruvian OHS law.
Employer Responsibilities:
- Guarantee the safety and health of workers by providing adequate facilities, equipment, and procedures.
- Implement and maintain an OHS Management System.
- Identify hazards, evaluate risks, and implement control measures (IPER).
- Provide necessary OHS training and information to all workers.
- Provide appropriate PPE.
- Establish an OHS Committee or appoint an OHS Supervisor.
- Conduct health monitoring for exposed workers.
- Investigate accidents and incidents and implement corrective actions.
- Report accidents and occupational diseases as required by law.
- Maintain required OHS documentation.
Employee Responsibilities:
- Comply with OHS rules, standards, and procedures established by the employer.
- Use provided PPE correctly.
- Participate in OHS training.
- Report immediately to their supervisor any condition that poses a risk to health and safety.
- Cooperate in the investigation of accidents and incidents.
- Undergo health examinations as required.
- Participate in the OHS Committee or act as OHS Supervisor if elected/appointed.
Effective OHS management in Peru relies on the active commitment and collaboration of both employers and employees to create a safe and healthy working environment for everyone.
