Ensuring a safe and healthy workplace is a fundamental requirement for businesses operating in Peru. The country has established a comprehensive legal framework aimed at preventing occupational risks and protecting the well-being of employees across all sectors. Compliance with these regulations is not only a legal obligation but also crucial for fostering a productive and sustainable work environment.
Navigating the specifics of Peruvian occupational health and safety (OHS) requirements involves understanding the key laws, implementing required practices, managing inspections, and establishing clear protocols for accidents. Employers must proactively address potential hazards, provide necessary training, and maintain thorough documentation to demonstrate adherence to national standards.
Health and Safety Laws and Regulatory Framework
The cornerstone of occupational health and safety in Peru is Law No. 29783, the Law on Safety and Health at Work, enacted in 2011. This law establishes the general framework and principles for OHS management. It is complemented by its Regulation, Supreme Decree No. 005-2012-TR, which provides detailed requirements for implementation. Various sector-specific regulations also exist, tailoring OHS requirements to industries such as mining, construction, and electricity.
Key elements of the framework include:
- Preventive Approach: The system emphasizes prevention through risk identification, evaluation, and control.
- Management System: Employers are required to implement an OHS Management System tailored to their company's size and risks.
- Worker Participation: Employees have the right and duty to participate in OHS matters.
- Continuous Improvement: The system promotes ongoing evaluation and improvement of OHS performance.
| Key Regulation | Description |
|---|---|
| Law No. 29783 | General principles and framework for Safety and Health at Work. |
| Supreme Decree No. 005-2012-TR | Regulation of Law No. 29783, detailing implementation requirements. |
| Supreme Decree No. 014-2013-TR | Regulation of the National Registry of Safety and Health at Work Inspectors. |
| Sector-Specific Norms | Regulations for high-risk sectors (e.g., mining, construction, electricity). |
Occupational Health and Safety Standards and Practices
Peruvian OHS standards require employers to implement specific practices to manage risks effectively. A core requirement is the development and implementation of an OHS Management System, which must be documented and communicated.
Risk Assessment (IPERC)
A fundamental practice is the Identification of Hazards, Evaluation of Risks, and Determination of Controls (IPERC). This process must be carried out regularly and whenever changes occur in the workplace. The IPERC serves as the basis for planning preventive activities and establishing safe work procedures.
Safety Committee or Safety Supervisor
Companies with 20 or more employees are required to establish a Joint Safety and Health Committee (Comité Paritario de Seguridad y Salud en el Trabajo - CSST). This committee is composed of equal numbers of employer and employee representatives. For companies with fewer than 20 employees, a Safety and Health Supervisor must be appointed. The CSST or Supervisor participates in OHS management, inspections, and investigations.
Training Requirements
Employers must provide adequate and sufficient OHS training to all employees. This training should cover:
- Specific risks associated with their job and workplace.
- Preventive measures and safe work procedures.
- Use of personal protective equipment (PPE).
- Emergency procedures.
- Training must be provided upon hiring, when changing job roles, when new technology or equipment is introduced, and periodically as required by regulations or risk assessments.
Documentation Obligations
Maintaining proper documentation is essential for demonstrating compliance. Required documents typically include:
- OHS Management System policy and manual.
- IPERC matrix.
- Annual OHS Program.
- Annual Training Program.
- Records of OHS training sessions.
- Records of internal inspections.
- Records of accidents, incidents, and occupational diseases.
- Records of monitoring of physical, ergonomic, and psychosocial factors.
- Records of occupational medical examinations.
- Records of OHS Committee or Supervisor meetings/activities.
Workplace Inspection Processes and Requirements
Workplaces in Peru are subject to inspections by the National Superintendence of Labor Inspection (SUNAFIL). SUNAFIL inspectors verify compliance with labor and OHS regulations. Inspections can be scheduled or unannounced and may be triggered by complaints, accidents, or routine checks.
During an inspection, SUNAFIL inspectors may:
- Visit the workplace and observe conditions.
- Review OHS documentation (policies, IPERC, training records, etc.).
- Interview employees and management.
- Request information and evidence of compliance.
Employers must cooperate fully with SUNAFIL inspectors. Non-compliance identified during an inspection can result in warnings, requirements for corrective actions, and significant fines.
Workplace Accident Protocols and Reporting
In the event of a workplace accident or occupational disease, specific protocols must be followed:
- Provide Immediate Assistance: Ensure the injured employee receives prompt medical attention.
- Investigate the Incident: Conduct a thorough investigation to determine the root causes. The OHS Committee or Supervisor should participate in this process.
- Implement Corrective Actions: Based on the investigation findings, implement measures to prevent recurrence.
- Report the Incident: Accidents and occupational diseases must be reported to the Ministry of Labor and Promotion of Employment (MTPE) and SUNAFIL through their online platform within specific timeframes.
| Incident Type | Reporting Deadline |
|---|---|
| Fatal Accident | Within 24 hours of occurrence. |
| Non-Fatal Accident | Within the first working day following the accident. |
| Occupational Disease | Within 5 working days of diagnosis. |
| Dangerous Incident (near miss) | Within 24 hours of occurrence. |
Maintaining records of all accidents, incidents, and occupational diseases is mandatory.
Employer and Employee Responsibilities for Workplace Safety
Both employers and employees have defined roles and responsibilities in ensuring a safe working environment.
Employer Responsibilities
Employers hold the primary responsibility for OHS. Their duties include:
- Establishing, implementing, and maintaining an OHS Management System.
- Identifying hazards and evaluating risks.
- Implementing control measures to eliminate or minimize risks.
- Providing a safe and healthy workplace free from hazards.
- Providing necessary OHS training and information.
- Providing appropriate personal protective equipment (PPE) free of charge.
- Ensuring compliance with OHS regulations.
- Investigating accidents and implementing corrective actions.
- Maintaining required OHS documentation.
- Allowing and promoting employee participation in OHS.
Employee Responsibilities
Employees also play a crucial role in OHS. Their responsibilities include:
- Complying with OHS regulations, policies, and procedures.
- Using safety equipment and PPE correctly.
- Reporting hazards, incidents, and accidents to their supervisor or the OHS Committee/Supervisor.
- Participating in OHS training programs.
- Cooperating with the OHS Management System and inspections.
- Undergoing occupational medical examinations when required.
- Looking after their own safety and health, as well as that of others affected by their actions or omissions at work.
