Peru

Peru's health and safety legislation is primarily governed by the Law on Occupational Health and Safety (Law No. 29783). This law establishes the rights and obligations of employers and workers regarding safety and health. It is supplemented by Supreme Decree No. 005-2012-TR, which provides detailed regulations for implementing the law. Additionally, Peru has various sector-specific health and safety regulations, particularly for high-risk industries like mining and construction.

Employers' Obligations

Employers in Peru are required to develop and implement comprehensive health and safety policies and programs. This includes identifying hazards, assessing risks, and implementing control measures to create a safe working environment. Companies with more than 20 workers must form a Health and Safety Committee with equal representation from management and employees.

Employers must also provide workers with adequate health and safety information and training about workplace hazards, safety protocols, and emergency procedures. They are obligated to supply and ensure the proper use of necessary Personal Protective Equipment (PPE) and to provide workers with regular health medical examinations.

Workers' Rights

Workers in Peru have the fundamental right to a safe and healthy workplace. They can refuse to perform work if they believe it presents an imminent and serious risk to their health or safety. Workers injured at work or those who fall ill due to occupational hazards are eligible for compensation. They cannot be discriminated against for exercising their health and safety rights and have the right to participate in health and safety decision-making through involvement in safety committees.

Government Enforcement

The Superintendence of National Labor Inspection (SUNAFIL) is the main regulatory body charged with enforcing Peru's labor laws, including those pertaining to health and safety. SUNAFIL conducts workplace inspections to verify compliance with health and safety regulations. The agency has the authority to issue fines and orders for violations.

Important Considerations

Health and safety laws in Peru emphasize the importance of a continuous improvement approach to safety and health. Thorough risk assessments are the foundation for developing effective health and safety programs. Active worker involvement is an essential component of a robust health and safety system.

Peru's Occupational Health and Safety (OHS) framework is based on national directives and international standards. The Peruvian Constitution guarantees the right to work in safe and healthy conditions, and Law No. 29783 establishes the core standards and requirements for occupational safety and health. Peru has also ratified various International Labour Organization (ILO) conventions on OHS, and follows the ISO 45001 standard for implementing effective OHS management systems.

Key Areas in OHS

Peruvian standards and practices in OHS focus on several key areas:

Hazard Identification and Risk Assessment

Employers are legally required to perform comprehensive workplace hazard identification and risk assessments. Risk assessment methodologies should follow established principles and guidelines, with a focus on prioritizing high-risk hazards and critical control measures.

Control Measures

Peruvian regulations mandate the use of the hierarchy of controls for managing risks, which includes elimination, substitution, engineering controls, administrative controls, and personal protective equipment (PPE). Peru also uses diverse technical standards and specifications for areas such as machinery safety, electrical safety, and chemical handling.

Occupational Health Surveillance

Employers must provide workers with pre-employment, periodic, and exit medical examinations, especially for those in high-risk jobs. Health monitoring should also be conducted as needed, based on the nature of the work and associated hazards.

Incident Reporting and Investigation

All workplace accidents, incidents, and occupational illnesses must be reported to the appropriate authorities. Thorough investigations are required to determine the root causes of incidents and prevent recurrence.

Training and Education

Employers are obligated to provide workers with adequate OHS training tailored to their specific job tasks and workplace risks. Training must be refreshed periodically to remain effective.

Emergency Preparedness and Response

Workplaces need well-developed emergency plans addressing various potential scenarios, such as fires, evacuations, and medical emergencies. Regular practice and drills ensure preparedness and effective response in case of emergencies.

Continuous Improvement

Peruvian OHS standards emphasize the concept of continuous improvement through a management systems approach. Organizations must engage in a cycle of planning, implementation, evaluation, and improvement to continually enhance their safety performance.

Workplace inspections play a crucial role in ensuring a safe and healthy work environment. They serve as a tool for verifying compliance with workplace safety standards, identifying potential hazards, deterring neglect of safety measures, and raising awareness about occupational health and safety (OHS) requirements among employers and workers.

Verification of Compliance

Workplace inspections allow inspectors to verify employer adherence to workplace safety standards. They are a critical enforcement tool for organizations responsible for labor inspection.

Proactive Hazard Identification

Beyond compliance, inspections serve as an opportunity to proactively identify and mitigate workplace hazards before accidents occur.

Deterrence

The potential for inspections acts as a deterrent for employers who might otherwise neglect workplace safety.

Raising Awareness

Inspections contribute to raising awareness of OHS requirements among both employers and workers.

Inspection Criteria

Workplace inspections generally examine a wide range of OHS factors, including but not limited to:

• Physical Hazards: Safety of machines and equipment, electrical installations, fire hazards, noise levels, ergonomic risks, etc.
• Chemical Hazards: Handling, storage, and exposure to hazardous substances.
• Biological Hazards: Presence of infectious agents, sanitation, and hygiene.
• Work Organization and Processes: Safe work procedures, shift schedules, work-related stress.
• OHS Management System: Risk assessments, training programs, emergency plans, incident reporting systems.
• Worker Participation: Functioning of OHS committees or worker representation.

Inspection Frequency

Workplace inspections follow a risk-based approach. High-risk workplaces are prioritized for more frequent inspections. Inspections are also conducted in response to complaints, reports of accidents, or serious incidents.

Inspection Procedures

The inspection process typically involves the following steps:

1. Notification: Employers are typically given advance notice of planned inspections.
2. Opening Meeting: The inspection begins with an opening meeting involving the inspector, employer, and worker representatives.
3. Walkthrough Inspection: The inspector conducts a thorough walkthrough, observing work areas, equipment, and practices.
4. Interviews and Record Review: The inspector may interview workers and review OHS documentation.
5. Closing Meeting: At the end of the inspection, the inspector discusses initial findings and potential violations.
6. Inspection Report: The inspector produces a formal report detailing findings and outlining any corrective actions required.

Follow-up Actions

If violations are found during the inspection, orders for corrective action within a specified timeframe may be issued. Noncompliance can lead to fines and potentially even work stoppage orders. Follow-up inspections may be conducted to ensure corrective actions have been implemented. Technical assistance can also be provided to help employers understand and comply with OHS regulations.

Workplace accidents are a serious matter and employers have a strict duty to report them to the designated authorities. The reporting deadlines vary depending on the severity of the accident. Fatal accidents must be reported immediately, serious accidents within 24 hours, minor accidents within 72 hours, and occupational diseases upon diagnosis. Reporting is primarily done to the Superintendence of National Labor Inspection (SUNAFIL) and employers also need to inform their insurance provider.

Investigation Processes

The primary responsibility for investigating workplace accidents lies with the employer. The investigation should aim to identify the immediate and underlying factors that contributed to the accident and develop corrective actions to prevent similar incidents from happening. Worker involvement in incident investigations is mandated by law and is often facilitated through the OHS Committee. SUNAFIL also has the authority to conduct its own investigations, especially in the case of serious or fatal accidents.

Compensation Claims

Workers injured or made ill due to workplace incidents are entitled to compensation. There are two main channels for compensation: Complementary Work Risk Insurance (SCTR) and Civil Liability Claims. SCTR is mandatory for businesses in certain high-risk sectors and provides coverage for medical expenses, disability benefits, and survivor benefits in case of death. Workers may also file civil liability claims against their employer where negligence is proven to be a factor in the accident.

Key Considerations

Thorough documentation of workplace accidents and investigations is crucial for both compliance and supporting any compensation claims. While reporting, investigations, and compensation are vital, the fundamental goal is to prevent accidents through a commitment to proactive safety practices.