Panama

In Panama, the fundamental right to a safe and healthy work environment is provided by the Constitution. The Labor Code, especially Book II, is the primary legislation governing health and safety. It outlines employer and worker responsibilities and establishes the framework for regulation. The General Regulations on the Prevention of Occupational Hazards and Safety and Health at Work provides comprehensive regulations on workplace safety and health, including risk assessment, hazard prevention, worker training, and emergency procedures. Executive Decree No. 2 of 2008 regulates safety, health, and hygiene specifically within the construction industry.

Institutions

The Ministry of Labor and Workforce Development (MITRADEL) is responsible for the development and enforcement of policies and laws. The Social Security Fund (Caja de Seguro Social - CSS) plays a crucial role in health and safety. Through its Occupational Health Program, the CSS establishes standards, technical guides, and provides support for the prevention of workplace accidents and illnesses.

Employer Responsibilities

Employers must take necessary measures to eliminate or minimize hazards in the workplace, ensuring the safety and well-being of their workers. They are required to conduct thorough risk assessments to identify potential hazards and implement appropriate control measures. Employers must provide comprehensive safety and health training to all workers, including information on hazards, safe work practices, and emergency procedures. They must supply and ensure the proper use of Personal Protective Equipment (PPE) when necessary. Employers are legally obligated to report workplace accidents and diseases to relevant authorities.

Worker Rights and Responsibilities

Workers have the right to refuse work they deem unsafe without fear of reprisal. They have the right to participate in creating a safe workplace, including through safety committees and other initiatives. Workers must comply with safety rules and regulations and use PPE as required. They must report any observed hazards or unsafe conditions to their supervisors.

Specific Requirements

Employers must implement a hierarchy of controls to eliminate or minimize workplace hazards, including engineering controls, administrative controls, and PPE. Workplaces must have provisions for first aid and develop emergency response plans. Employers who violate regulations may face fines, sanctions, or even closure of their operations.

Areas of Focus

Due to the high-risk nature of the industry, there is a strong emphasis on safety regulations and practices in the construction sector. Panama recognizes the importance of preventing diseases and provides frameworks for their diagnosis and compensation. Panamanian laws encourage worker participation in decision-making and protect their rights within the workplace.

Occupational health and safety (OHS) in Panama is governed by various standards, which are derived from multiple sources. The Labor Code provides the foundation for OHS standards, outlining general provisions on workplace hazards and conditions. The General Regulations on the Prevention of Occupational Hazards and Safety and Health at Work offer detailed technical standards on various aspects of OHS, such as risk management, hazard identification and control, machine guarding, electrical safety, chemical safety, fire prevention, and emergency preparedness.

Specific Practices and Standards

Hazard Identification and Risk Assessment

Employers are required to systematically identify workplace hazards using various techniques. Risk assessment methodologies are mandated to evaluate the severity and likelihood of hazards and prioritize control measures accordingly.

Hazard Control

The law promotes a hierarchy of controls, which includes elimination, substitution, engineering controls, administrative controls, and personal protective equipment (PPE).

Occupational Health Surveillance

Employers are required to provide periodic medical examinations, especially for workers exposed to specific hazards. Occupational disease diagnosis and reporting systems are also in place.

Training and Information

Comprehensive OHS training for all workers upon hiring and periodically is required by the Labor Code. Workers must also receive hazard-specific training, safe work procedures, and emergency response training.

Incident Reporting and Investigation

Employers are required to report workplace accidents and occupational diseases. Accident investigation procedures are mandated to identify root causes and prevent recurrence.

Worker Participation

OSH committees with worker and employer representatives are encouraged or mandated in some workplaces depending on the size and hazard level. Workers have the right to refuse unsafe work and participate in OSH decision-making.

Workplace inspections are a critical part of maintaining a safe and healthy work environment. They involve a systematic process to identify potential hazards and ensure compliance with occupational health and safety regulations.

Key Institutions and Regulations

Workplace inspections are typically conducted by the Ministry of Labor and Workforce Development (MITRADEL), which is responsible for enforcing labor laws. The Social Security Fund (CSS) complements these inspections with a focus on preventing occupational diseases and work-related health risks. The legal basis for workplace inspections is outlined in the Labor Code, which grants inspectors broad authority to access workplaces and examine relevant records. The General Regulations on the Prevention of Occupational Hazards and Safety and Health at Work provides technical standards and guidelines for the scope and focus of inspections.

Inspection Procedures

Inspections can be either scheduled or unscheduled, and inspectors prepare by reviewing relevant regulations, company records, and past inspection history. The on-site inspection process includes an opening meeting, a walkthrough of the workplace, a review of documents, and a closing meeting. Following the inspection, a detailed report is issued outlining findings, violations, and recommendations for corrective actions. A follow-up re-inspection is conducted to verify that the employer has addressed identified violations within the specified timeframe.

Inspection Criteria

Workplaces are evaluated based on compliance with occupational health and safety regulations. The focus areas include hazard identification and control, machine safety, chemical safety, fire safety, electrical safety, ergonomics, workplace sanitation and hygiene, first aid and emergency preparedness, and worker training and information.

Inspection Frequency

The frequency of inspections varies based on factors such as industry risk level, company size, and past compliance history. High-risk industries may face more frequent inspections, and workplaces with a history of violations may be subject to increased scrutiny.

Workplace accidents are a serious matter that require immediate attention. Employers are mandated to report all such incidents to the relevant authorities. Serious accidents must be reported immediately, while other accidents generally have a specific timeframe within which they must be reported.

Investigation of Accidents

Employers bear the responsibility of investigating accidents to determine their root causes. This is crucial in implementing measures to prevent similar incidents in the future. If Occupational Health and Safety (OHS) committees are present, they may play a role in these investigations. The focus of these investigations should be to determine the immediate causes of the accident, underlying factors such as inadequate procedures or lack of training, and corrective actions to prevent recurrence.

Compensation Claims

The Social Security System manages the occupational risk insurance program, which provides compensation for work-related injuries and illnesses. The types of compensation include covering the costs of medical care and rehabilitation, providing wage replacement during the period of recovery, compensation for long-term or permanent impairments, and compensation to dependents in the case of an occupational fatality.

Claim Procedures

The claim procedures involve a medical evaluation from a CSS-approved doctor to assess the extent of the injury or illness. The worker or their representative then submits a claim to the CSS, along with supporting documentation such as the accident report and medical records. The CSS evaluates the claim to determine eligibility and the level of compensation. If the claim is approved, the CSS begins paying benefits to the worker.

Important Considerations

Employers are required to have insurance coverage for occupational risks through the CSS. Workers have the right to appeal decisions made by the CSS regarding compensation claims. It's important to note that time limits may apply for filing compensation claims.