Ensuring a safe and healthy working environment is a fundamental aspect of employment in Portugal. The country has established a comprehensive legal framework designed to protect employees from workplace hazards and promote well-being. Adhering to these regulations is not only a legal obligation for employers but also crucial for fostering productivity, reducing absenteeism, and maintaining a positive company culture.
Portugal's commitment to occupational health and safety is reflected in its detailed legislation, which aligns with European Union directives. Employers operating in Portugal, whether domestic or international, must navigate these requirements diligently to ensure full compliance and provide a secure workplace for their teams.
Health and Safety Laws and Regulatory Framework
The primary legislation governing occupational health and safety (OHS) in Portugal is Law no. 102/2009, of September 10, as amended by Law no. 3/2014, of January 28, and Law no. 28/2015, of April 14. This law establishes the general principles and legal framework for promoting safety and health at work. It covers various aspects, including risk prevention, employer and employee duties, OHS services, and inspection procedures.
Several other specific regulations supplement this main law, addressing particular risks, sectors, or activities. These include decrees and ministerial orders related to:
- Specific workplace hazards (e.g., chemical agents, physical agents, biological agents)
- Specific types of work (e.g., construction, temporary work, work with display screen equipment)
- Specific equipment and machinery safety
- Emergency procedures and first aid
The main regulatory body responsible for enforcing OHS legislation is the Authority for Working Conditions (Autoridade para as Condições do Trabalho - ACT). The ACT is responsible for inspecting workplaces, investigating accidents, and promoting compliance through guidance and enforcement actions.
Occupational Health and Safety Standards and Practices
Portuguese OHS law mandates a proactive approach to risk prevention. Employers are required to implement various standards and practices to identify, assess, and control workplace risks.
Risk Assessment
A cornerstone of OHS in Portugal is the mandatory risk assessment. Employers must systematically identify potential hazards in the workplace, evaluate the risks associated with these hazards, and determine appropriate preventive and protective measures. This assessment should be documented and reviewed regularly, especially when there are changes in work processes, equipment, or organization.
OHS Services
Depending on the size and nature of the company, employers must organize OHS services. These services can be:
- Internal: Provided by qualified personnel within the company.
- External: Contracted from specialized external entities.
- Common: Shared services between several companies.
- Employer-provided: In very small companies (up to 9 employees) with low-risk activities, the employer can sometimes provide the service if they have the necessary qualifications.
These services are responsible for conducting risk assessments, implementing preventive measures, providing health surveillance, and advising the employer and employees on OHS matters.
Training Requirements
Employers have a legal obligation to provide adequate and specific OHS training to their employees. This training must cover:
- Risks specific to their job role and workplace.
- Preventive measures and safe work procedures.
- Use of personal protective equipment (PPE).
- Emergency procedures.
Training should be provided upon hiring, when changing job roles, introducing new equipment or technology, or when new risks are identified.
Safety Committees
For companies with 50 or more employees, the establishment of a Safety, Hygiene, and Health Committee (Comissão de Segurança, Higiene e Saúde no Trabalho) is mandatory. This committee is a bipartite body composed of employer representatives and employee representatives. Its role is to participate in the planning and implementation of OHS policies, promote OHS initiatives, and monitor working conditions.
Documentation Obligations
Employers must maintain comprehensive OHS documentation, including:
- Risk assessment reports.
- Records of OHS training provided to employees.
- Records of health surveillance (medical examinations).
- Information on OHS services organization.
- Workplace accident records.
- Emergency plans.
This documentation must be available for inspection by the ACT.
Workplace Inspection Processes and Requirements
The Authority for Working Conditions (ACT) is the main body responsible for inspecting workplaces to ensure compliance with OHS legislation. ACT inspectors have the authority to:
- Enter workplaces at any time without prior notice.
- Examine documentation related to OHS.
- Interview employers and employees.
- Take samples or measurements.
- Issue warnings, improvement notices, or fines for non-compliance.
- Order the suspension of work activities if there is an imminent risk to workers' safety or health.
Employers are required to cooperate fully with ACT inspectors and provide all necessary information and access.
Workplace Accident Protocols and Reporting
In the event of a workplace accident or occupational disease, specific protocols and reporting requirements must be followed.
Immediate Actions
- Provide immediate first aid and ensure the injured worker receives necessary medical attention.
- Secure the accident scene if necessary to prevent further incidents and facilitate investigation.
- Inform the OHS services.
Reporting Obligations
Employers are legally required to report workplace accidents and occupational diseases.
| Event | Reporting Deadline | Reporting Body |
|---|---|---|
| Workplace Accident | Within 24 hours of the accident or knowledge of it. | Insurance company covering work accidents; ACT (for serious accidents). |
| Occupational Disease | Upon diagnosis by a competent health professional. | National Centre for Occupational Diseases (Centro Nacional de Doenças Profissionais - CNDP); ACT. |
| Serious Accident/Incident | Immediately | ACT |
A "serious accident" is typically defined by criteria such as resulting in death, serious injury requiring hospitalization, or involving multiple workers. Employers must investigate accidents to identify their causes and implement preventive measures to avoid recurrence.
Employer and Employee Responsibilities
OHS is a shared responsibility between employers and employees.
Employer Responsibilities
Employers have the primary duty to ensure the safety and health of their employees in all aspects related to work. Key responsibilities include:
- Establishing and implementing an OHS policy.
- Identifying hazards and assessing risks.
- Implementing preventive and protective measures.
- Providing necessary information and training to employees.
- Providing appropriate PPE free of charge.
- Organizing OHS services and health surveillance.
- Consulting with employees and their representatives on OHS matters.
- Investigating accidents and implementing corrective actions.
- Maintaining required OHS documentation.
- Complying with ACT requirements.
Employee Responsibilities
Employees also have duties to contribute to a safe workplace:
- Complying with OHS instructions and procedures provided by the employer.
- Using machinery, equipment, substances, and other means of production correctly.
- Using PPE correctly.
- Reporting immediately to the employer or OHS services any situation they believe presents a serious and imminent danger.
- Cooperating with the employer and OHS services to fulfill OHS requirements.
- Not removing or altering safety devices.
By understanding and fulfilling these responsibilities, both employers and employees contribute to creating a safer and healthier working environment in Portugal.
