Nicaragua

In Nicaragua, the General Law on Occupational Health and Safety (Law No. 618) and Decree No.96-2007 (Regulations of Law No. 618) form the foundation of health and safety legislation. These laws define the obligations of employers, workers, and the government in ensuring workplace safety. The Nicaraguan Labor Code also contains provisions related to workplace safety conditions, working hours, and compensation for work-related injuries and illnesses.

Employer Obligations

Employers in Nicaragua are required to create and maintain a safe working environment. They must regularly assess workplace hazards and implement preventive measures to minimize risks. Employers are also required to provide workers with necessary personal protective equipment and training on how to use it. They must report work-related accidents and illnesses to the Ministry of Labor (MITRAB) promptly. In workplaces with a certain number of employees, employers are required to create Health and Safety Committees with worker representation. Depending on the industry and workplace risks, employers may also be required to facilitate periodic medical examinations for workers.

Worker Rights

Workers in Nicaragua have specific rights concerning health and safety within the workplace. They must be informed about potential hazards associated with their tasks and the safety measures in place. Workers have the right to refuse work if they believe the conditions present a serious and imminent danger to health. They also have the right to be involved in health and safety decisions through representation in Health and Safety Committees. Workers who suffer a work-related injury or illness have the right to compensation under the Social Security system.

Enforcement and Oversight

The Ministry of Labor (MITRAB) is the primary body responsible for enforcing health and safety legislation. They have the authority to inspect workplaces, investigate accidents, and issue penalties for violations. The Nicaraguan Social Security Institute (INSS) manages social security benefits for workers, including compensation for occupational injuries and illnesses.

Additional Considerations

Depending on the sector, there may be additional health and safety regulations specific to particular industries such as mining, construction, and agriculture. Nicaragua is also a signatory to various International Labour Organization (ILO) conventions related to occupational safety and health.

Occupational health and safety (OHS) in Nicaragua is overseen by the Ministry of Labor (MITRAB). The foundational legislation outlining OHS standards is the General Law on Occupational Hygiene and Safety (Law No. 618), and its detailed specifications for implementation are provided in the Regulations of the General Law on Occupational Hygiene and Safety (Decree No. 96-2007).

Employer Obligations

Employers are mandated to identify potential workplace risks and assess their impact on worker health and safety. They must implement appropriate measures to address the risks, which might include modifications to the work environment or equipment, changes in work procedures, schedules, or training, and provision and mandated use of personal protective equipment (PPE) when other controls aren't sufficient.

Employers must also educate workers about specific hazards associated with their jobs and the necessary precautions. They should provide training on safe work procedures and the correct use of any required tools and equipment, and ensure workers understand how to use, maintain, and store PPE correctly.

Health and Wellness Provisions

Employers must arrange for medical examinations and monitoring of workers in relation to potential occupational health risks. Adequate and readily accessible first aid kits and trained personnel must be available on-site. Employers are also encouraged to promote health and wellness programs for their workers.

Emergency Preparedness

Employers must create and communicate clear emergency response plans covering situations like fires, chemical incidents, and natural disasters. Regular evacuation drills are essential to ensure workers understand and are prepared for emergency procedures.

Worker Rights and Involvement

Nicaraguan law guarantees workers the right to know about workplace hazards and how to protect themselves. Workers can refuse potentially dangerous work if they reasonably believe they're in imminent danger. Workers also have the right to be involved in OHS decision-making and can serve on OHS committees.

Joint OHS Commissions

Workplaces are required to establish committees that include both worker and employer representatives. These committees play a crucial role in investigating accidents and safety incidents, conducting regular workplace safety inspections, and recommending improvements to OHS conditions.

Workplace inspections are vital in Nicaragua for maintaining safe and healthy working conditions. They help identify and mitigate hazards, prevent accidents and illnesses, ensure regulatory compliance, and promote a culture of safety.

The Role of the Ministry of Labor (MITRAB)

The Nicaraguan Ministry of Labor (MITRAB) is the main government body responsible for conducting workplace inspections. MITRAB inspectors have the authority to enter workplaces freely without prior notice, examine work areas, equipment, and processes, review relevant documents and records, interview employers and workers, and issue citations and fines for violations.

Workplace Inspection Criteria

Workplace inspections in Nicaragua typically focus on physical hazards, chemical hazards, biological hazards, ergonomic hazards, fire safety, first aid and medical facilities, personal protective equipment (PPE), sanitation and hygiene, and recordkeeping and documentation.

Inspection Frequency

The frequency of workplace inspections in Nicaragua varies depending on the industry and workplace type. MITRAB may conduct routine inspections, complaint-based inspections, and accident investigations.

Follow-Up Actions

If a MITRAB inspection identifies violations, the following actions may be taken: issuance of corrective action orders, fines, and in severe cases, workplace closure.

Workplace accidents are a serious concern and employers have a legal obligation to report all such incidents. In Nicaragua, these reports must be submitted to the Nicaraguan Social Security Institute (INSS) and the Ministry of Labor (MITRAB). The reporting process can often be completed online or in person at local offices.

Investigation of Workplace Accidents

MITRAB is primarily responsible for investigating workplace accidents, especially those resulting in serious injury or death. The INSS may also conduct investigations, particularly in cases related to compensation claims. The investigation process typically includes scene preservation, witness interviews, document review, root cause analysis, and the creation of an investigation report.

Workers' Compensation

The INSS administers the workers' compensation system in Nicaragua, providing benefits to workers who suffer from occupational injuries or illnesses. Workers covered by the INSS system are generally entitled to workers' compensation benefits. These benefits may include medical treatment, temporary disability benefits, permanent disability benefits, and death benefits.

Claiming Workers' Compensation Benefits

The process for claiming workers' compensation benefits begins with reporting the accident. The worker or their family should report the workplace accident to the employer, who is then obligated to report it to INSS. The injured worker then undergoes a medical evaluation by an INSS-approved medical professional. INSS reviews the medical evaluation, accident reports, and other relevant documentation to determine the worker's eligibility for worker's compensation benefits. If eligible, INSS begins providing benefits to the worker.