Workplace Occupational Health and Safety in El Salvador

Published on Jun 14, 2024

César Bautista, lawyer in ARIAS El Salvador and expert in Labor Law, shares this article on Occupational Health and Safety in the workplace.

Occupational Health and Safety in the workplace is of great importance for the protection and prevention of risks workers are exposed to during the development of their activities.

Occupational health and safety are understood as the set of measures or actions taken to ensure the physical, mental and social well-being of workers, identifying and preventing the risks of work-related accidents in the course of their work.

Considering the above, El Salvador has reformed and approved certain laws aimed at protecting the life, bodily integrity, and health of workers. Among them are the following:

GENERAL LAW ON RISK PREVENTION IN THE WORKPLACE

The General Law on Risk Prevention in The Workplace was created with the specific purpose of establishing and ensuring the application of risk prevention and mitigation measures, which are indispensable in all workplaces. Its objective is to guarantee an adequate level of protection regarding the safety and health of workers against risks derived from daily work activities. The competent institution to ensure compliance with this Law is the Ministry of Labor and Social Welfare (MINTRAB) through the General Directorate of Social Welfare and the General Directorate of Labor Inspection.

Among the relevant measures that all institutions, both public and private, must implement by virtue of the provisions of the Law, are:


i) Occupational Risk Prevention Management Program

The Occupational Risk Prevention Management Program is an obligation for the employer, regardless of the number of employees it has. However, if the employer has less than fifteen employees in the institution, the employer may choose to replace this obligation by applying the measures established by the MINTRAB.

The only exception are companies whose main activities are classified as hazardous in nature; these cannot opt to substitute the Occupational Risk Prevention Management Program for the measures established by the MINTRAB.

It is essential that the Management Program is prepared with the participation of the workers of the company or institution; they must also be involved in its implementation and evaluation.

This program should be evaluated and updated annually in accordance with emerging needs or improvements that may be incorporated as a result of the previously executed program. Likewise, it should be available to the MINTRAB in case it is requested for its respective revision.

The content of the Occupational Risk Prevention Management Program should cover the following essential elements:
  • Periodic Program Evaluation: Implement mechanisms to annually evaluate and update the Occupational Risk Prevention Management Program.
  • Occupational Risk Management: Identify, evaluate, control and constantly monitor occupational risks, especially in jobs with health risks, with emphasis on reproductive health during pregnancy, postpartum and breastfeeding.
  • Incident Recording: Maintain an updated record of accidents, occupational diseases, and dangerous occurrences, investigating their link to work performance in order to take preventive measures.
  • Emergency Plan: Design and implement an emergency and evacuation plan.
  • Continuous Training: Provide continuous theoretical and practical training to workers on their competencies, techniques, and specific risks of their position, as well as on the general risks of the company.
  • Medical Examinations and First Aid: Establish a program of medical examinations and first aid care in the workplace.
  • Complementary Health Programs: Implement programs on alcohol and drug use, prevention of sexually transmitted infections, HIV/AIDS, mental health, and reproductive health.
In summary, this Occupational Risk Prevention Management Program ensures a safe working environment, promotes risk prevention and protects the well-being and health of all workers. By implementing specific and detailed measures, such as regular risk assessment, maintaining up-to-date records of incidents and illnesses, and ongoing employee training, companies can identify and mitigate hazards before they become serious problems.

In addition, the program promotes a culture of safety and care in the work environment, where the health and safety of workers are constant priorities. Employee participation in the creation and updating of the program ensures that the measures are practical and adapted to the real needs of the work environment.

ii) Occupational Health and Safety Committee

The Occupational Safety and Health Committee is composed of representatives of employers, workers, or their delegates. Its function is to actively take part in training, evaluation, supervision, promotion, dissemination, and advice aimed at preventing occupational risks.

The formation of this committee is an added obligation imposed on employers by the MINTRAB. This measure applies to all companies with fifteen or more workers in their establishments.

However, there is an exception for the formation of the Safety Committee in workplaces with less than fifteen workers. In these cases, if the General Directorate of Social Welfare considers that the activities carried out within the company merit the creation of the Committee, its creation will be required. This measure ensures that, regardless of the size of the workforce, specific occupational hazards are adequately addressed, thus promoting risk prevention and a safe and healthy working environment for all employees.

MINTRAB oversees training and instructs the members of the Safety Committee in the institution, providing training on basic aspects of occupational safety and health, as well as on organization and operation.

To constitute the committee, it is essential to ensure an equitable representation of men and women employees in the company or institution, in accordance with the principle of equality. This involves giving all employees, both men and women, equal opportunity to take part in the committee, without discrimination on any grounds and ensuring fair and equitable treatment in the work environment.

As part of the process of forming the Committee, it is necessary for the employer or the Committee itself to appoint prevention delegates, whose number will depend directly on the total number of workers in the company. For example, if the company employs between 15 and 49 workers, one prevention delegate will be appointed; if the company employs between 50 and 100 workers, two prevention delegates will be appointed, and so on. This proportional distribution ensures adequate employee representation on the Committee.

The prevention delegates have several key functions, such as:

  • Collaborate in preventive actions with the company.
  • Encourage the cooperation of workers in the application of prevention standards.
  • Monitor compliance with regulations through periodic visits.
  • Accompany technicians and inspectors of the Ministry of Labor in preventive inspections.
  • Propose preventive measures to the employer.

The Committee shall be composed of an equitable representation of employers and workers, considering their specialties and skill levels. Representatives must be elected equally by the employer and the workers, in addition to the prevention delegates in charge of occupational health and safety management.

Furthermore, regarding companies with legally recognized unions, at least one union member must sit on the committee to ensure full representation of workers' interests.

Relevant functions of the Occupational Health and Safety Committee:

  • Contribute to the formulation and evaluation of occupational risk prevention policies and programs.
  • Promote actions to prevent risks and correct existing deficiencies.
  • Investigate work-related accidents and occupational diseases to propose preventive measures. In case of disagreement with the employer, the General Directorate of Social Security may intervene.
  • Suggest preventive measures to the employer.
  • Train workers on occupational hazards and how to address them.

The Committee plays a vital role in the company by ensuring the protection against risks and the development of policies to mitigate them.

iii) Protective Equipment, Work Clothes and Special Tools for the Development of Work Activities.

The General Law for the Prevention of Risks in the Workplace establishes the employers’ obligation to provide all employees with adequate personal protective equipment, as well as appropriate work clothing and the necessary specialized tools. They must also ensure the provision of technical means of collective protection according to the nature and level of risk of the work activities.

These measures are implemented to prevent accidents, reduce occupational hazards and safeguard workers’ health according to the nature of their work.

iv) Machinery and Equipment Required

The law establishes specific obligations for employers related to the use of machinery in the workplace for the development of work activities.

In accordance with the provisions of the regulations, it is the employer's responsibility to provide adequate training to workers before they use any type of machinery that represents a risk to the health and safety of workers. Prior training is essential to ensure the safety and efficient operation of the equipment and to reduce the risk of occupational accidents.

In addition, the employer is obliged to provide the appropriate personal protective equipment for the use of the machinery or equipment required in the performance of his duties.

In the same way, it is considered a fundamental responsibility of the worker to ensure that machines or equipment are properly maintained on a regular basis to prevent risks derived from their malfunction or lack of maintenance. For this purpose, a plan of periodic inspections and cleaning must be established.

Additionally, the employer must verify that the machines or equipment are not used if they are in poor condition or present any fault that could affect their operation.

LABOR CODE AND INTERNAL LABOR REGULATIONS

The Labor Code is another law related to Occupational Health and Safety and it establishes the obligation for employers to create an Internal Work Regulation when they have ten or more workers working in their company.

The Internal Working Regulations must be submitted to MINTRAB for approval and any other modifications. This is because the Ministry is responsible for verifying that the content of the Regulation complies with the labor laws in force in El Salvador and that it does not impose obligations on workers that could be considered demeaning or abusive.

The purpose of these regulations is to clearly establish the mandatory rules of a technical or administrative nature, necessary and useful for the proper functioning of the company. These standards must be complied with by both employers and workers in the performance and development of their work.

Among the indispensable aspects to be developed within the Internal Work Rules are the following:

  • Worker arrival and departure times
  • Disciplinary provisions and how to apply them
  • Time and way workers must undergo medical examinations, prior or periodic, as well as the prophylactic measures dictated by the authorities.
  • Indications and norms that, given the nature of the company, business, or operation, are indispensable to ensure maximum hygiene, safety and regularity in the development of work.
The Internal Work Rules and Regulations are fundamental for optimizing the development of collective work activities. It establishes all the necessary processes for the proper performance of workers, providing a clear and structured framework for occupational safety and health in the workplace. In addition, it details the sanctioning processes applicable in the event of non-compliance with the established obligations. This regulation not only defines responsibilities and procedures, but also ensures a safe working environment for all employees, promoting the protection and well-being of workers and establishing obligations for both employers and employees. All in accordance with applicable laws, contracts, and conventions.

LAW OF THE FIRE DEPARTMENT OF EL SALVADOR

At the beginning of 2023, the new Fire Department Law of El Salvador came into force, in which the regulatory and organic framework has been restructured, creating a new autonomous and competent institutional structure of the Fire Department. Thus, granting it powers and competencies to develop administrative sanctioning procedures in the event of infractions or non-compliance with the prevention measures imposed on both public and private institutions, one of the main purposes being to guarantee occupational health and safety in the workplace.

The Law creates a unit that plays a fundamental role in monitoring and verifying the necessary security measures in all institutions. This is the Fire Prevention and Safety Unit which, within the framework of its functions, develops ex officio or at the request of a party, inspections in both public and private institutions to verify compliance with fire prevention programs and human safety measures. For those places that comply with fire regulations, the requested certifications are issued and for those that do not comply, this new Unit may decree the temporary closure of the establishment for being considered a serious risk to life, health, or the environment.

The Law also classifies the penalties for non-compliance with obligations into minor, serious and very serious violations. Such violations are punishable by fines ranging from 10 to 30 monthly minimum wages, depending on the seriousness of the violation. However, the imposition of the fine and the payment of the fine does not exonerate from the responsibility to comply with the prevention and safety measures that have been previously imposed by the Fire Prevention and Safety Unit.

With the entry into force of the previous law, the tariffs and costs of services were also modified, and the following law was passed:

LAW OF FEES FOR THE RENDERING OF SERVICES BY THE FIRE DEPARTMENT OF EL SALVADOR

The current Law of Fees for the Provision of Services of the Fire Department of El Salvador has greatly increased the fees for the inspections required to obtain the certification of the facilities of companies and institutions.

According to the Law, such an increase was made to update the fees for services based on the current operating costs incurred by the Fire Department in the performance of these services, such as training, inspection, fire safety, among others. In addition, the increase in fees was intended to proportion the price of services to the time invested, the complexity of the activity, the hazardousness and specialization of the services provided.

The fees to be charged for the services provided by the Fire Department increase or decrease depending on the activity or line of business of the company or institution. For example, the rate for companies engaged in the manufacture of pyrotechnic products is different from the rate established for industrial factories that use non-polluting and non-hazardous raw materials.

Moreover, the value of the established fee will depend on the line of business of the company and on the square meters of its facilities. Therefore, the bigger the facility in square meters, the higher the cost. However, the Law establishes a limit of US$3,650.00, which corresponds to the maximum amount that will be charged to companies that exceed this value.

Another important aspect of this law is that many fire departments are now broken down by areas of inspection and issuance of certificates. So now places such as cafeterias, production or manufacturing areas, administrative offices, liquefied petroleum gas (LPG), gasoline, diesel or chemical tanks, fire water systems, etc., must be certified separately.

All inspections required by the company for the granting of the corresponding certifications by the Fire Department must be carried out annually, paying the cost of the respective fees for each inspection requested. This has resulted in a significant increase in fees compared to previous fixings, making them now much higher and less affordable for companies that need to perform all the necessary inspections.

INSTALLATION AND OPERATION PERMIT ISSUED BY THE MINISTRY OF HEALTH

The Health Code includes provisions related to the health system, developed by the Ministry of Health and Social Assistance (MINSAL). These provisions aim to guarantee the quality and safety of food and beverages intended for public consumption, which is crucial for the health of the general population.

Therefore, the Ministry, through its delegates, is responsible for guaranteeing and supervising compliance with the corresponding regulations. This involves carrying out exhaustive inspections and controls in all aspects related to production, storage, refrigeration, packaging, distribution, and raw materials used in the manufacture of food and beverages. It also includes the evaluation of premises or establishments, installations, machinery, equipment, utensils, and other objects used in production operations and processes.

In addition, it is the Ministry's responsibility to grant the necessary permits for the installation and operation of companies that carry out the activities. This is also done with the purpose of guaranteeing the adequate development of the activities, thus preventing occupational risks, and protecting the safety and health of the workers.



The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.