The Constitution of the Portuguese Republic (Articles 59 and 64) and the Labor Code (Código do Trabalho), specifically Articles 281 to 284, establish the fundamental rights to safe and healthy working conditions. The central piece of legislation is Law No. 102/2009 (Lei da Segurança e Saúde no Trabalho), which transposes the EU Framework Directive 89/391/EEC and its amendments into Portuguese law.

Employer Obligations

Employers in Portugal have extensive obligations to ensure worker health and safety. They must conduct comprehensive risk assessments in the workplace and implement preventive measures to mitigate and eliminate those risks. Employers are also required to provide workers with clear information and training on workplace hazards, safe work practices, emergency procedures, and the use of personal protective equipment (PPE). Health surveillance programs appropriate to workplace risks must be implemented to protect worker health. Employers are also required to develop and maintain emergency plans, including evacuation procedures and first aid provisions. Worker involvement in identifying and addressing health and safety concerns is facilitated through worker representatives or safety committees. Employers are also required to maintain accurate records of workplace accidents, injuries, illnesses, and near misses.

Specific Health and Safety Requirements

Portuguese law addresses various specific hazards and working conditions. Regulations cover workplace conditions such as ventilation, lighting, temperature, noise, sanitation, and welfare facilities. Employers must manage the risks of chemical, biological, and physical agents, including labeling, safe handling, and worker training. Work equipment must be designed, operated, and maintained in a safe manner. Measures must be taken to prevent musculoskeletal disorders through workstation design, work organization, and training. Risks such as work-related stress, harassment, and violence must also be addressed.

Enforcement and Penalties

The primary enforcement agency for health and safety laws in Portugal is the Autoridade para as Condições do Trabalho (ACT). ACT conducts inspections, investigates violations, and can issue fines and sanctions. Non-compliance with health and safety laws can result in significant fines and, in severe cases, criminal liability for employers or responsible individuals.

Portugal's Occupational Health and Safety (OHS) standards are derived from the EU Framework Directive 89/391/EEC, which sets minimum requirements across EU member states. These principles are implemented in Portugal through Law No. 102/2009 (the Occupational Safety and Health Law). The Ministry of Labor, Solidarity, and Social Security (MTSSS) and the Authority for Working Conditions (ACT) develop specific regulations and technical standards which detail practical OHS requirements in various sectors and circumstances.

Workplace Design and Conditions

Workplace design and conditions are a key area of OHS standards. Regulations address air change rates, temperature control, and the prevention of exposure to pollutants or contaminants. Standards for appropriate levels of illumination, glare reduction, and suitability for specific tasks are in place. Exposure limits to harmful noise levels and requirements for noise control measures are mandated. Employers must provide clean toilets, washing facilities, safe drinking water, and rest areas.

Risk Management of Hazards

Risk management of hazards is another crucial area. Regulations cover classification, labeling, storage, handling, and use of hazardous chemicals. Material Safety Data Sheets (MSDS) are mandatory. Standards address exposure prevention, risk classification, containment, and worker protection when working with biological hazards. This also includes safety standards for machinery, equipment, electricity, work at height, confined spaces, fire hazards, and others. Specific regulations apply to different industries and activities.

Occupational Health Surveillance

Occupational health surveillance is a key aspect of OHS. Employers must provide health examinations tailored to workplace risks. Employers must maintain records of employee health, workplace exposures, and medical surveillance results.

Psychosocial Risk Management

Psychosocial risk management is also a part of OHS. Portuguese law recognizes employers' duty to prevent all forms of workplace harassment and violence, including psychological risks. While not explicitly regulated, employers have a general duty to address factors that contribute to work-related stress, burnout, and mental health issues.

Practices for OHS Implementation

Practices for OHS implementation include safety and health services, worker training and information, personal protective equipment (PPE), and incident reporting and investigation. Depending on company size and sector, employers may be obligated to establish internal OHS services staffed by qualified professionals or utilize external services. Employees must receive regular, up-to-date OHS training relevant to their tasks, potential hazards, and safe work procedures. Employers must assess the need for PPE, provide it free of charge, and ensure its proper use and maintenance. Systems must be in place to report workplace accidents, near misses, and occupational illnesses. Root cause analysis and corrective actions are crucial.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They serve as a tool for enforcing compliance, deterring non-compliance, and promoting awareness and improvement. The Authority for Working Conditions (ACT) in Portugal is responsible for conducting these inspections.

The Inspection Authority

ACT inspectors, who are specially trained labor inspectors, carry out workplace inspections. They have the authority to access workplaces, examine documents, question workers and management, and collect evidence. Inspections can be routine, targeted, or follow-up. Routine inspections may be planned or unannounced, often focusing on specific sectors or risk areas. Targeted inspections are triggered by complaints, reports of accidents, or known high-risk activities. Follow-up inspections are conducted to verify compliance with previous orders or corrective actions.

Inspection Procedures

The inspection process begins with an opening conference where inspectors meet with management to explain the inspection's purpose and scope. This is followed by a walkthrough inspection where inspectors observe work areas, processes, equipment, and documentation. They may also interview workers and take photographs or measurements. After the walkthrough, a closing conference is held where the inspector provides preliminary feedback on observed hazards and potential violations. Finally, a detailed inspection report is prepared outlining findings, violations, and may include corrective orders with deadlines.

Inspection Criteria

Inspections cover a wide range of requirements, including risk assessments and prevention plans, physical work environment, chemical and biological hazards, workplace ergonomics, training and information, incident reporting and investigation, and the overall effectiveness of the OHS management system.

Follow-up Actions

After the inspection, ACT can issue orders requiring employers to correct identified violations within specified timeframes. Significant fines can be imposed for non-compliance, particularly for serious and repeated offenses. In extreme cases, ACT may order temporary or permanent closure if imminent and severe risks cannot be adequately controlled.

Employers hold the primary responsibility for reporting workplace accidents to the Authority for Working Conditions (ACT). Fatal or serious injuries must be reported immediately to ACT and relevant authorities, while other work-related injuries must be reported within 4 working days following the accident. Employers should use the official form provided by ACT when reporting accidents.

Workplace Accident Investigation

Employers are required to conduct an internal investigation to determine the accident's causes, including root causes, and implement corrective measures to prevent recurrence. ACT may conduct its own investigation, particularly for serious or fatal accidents. Inspectors have broad powers to collect evidence, interview witnesses, and issue corrective orders. Worker representatives or safety committees have the right to participate in accident investigations and propose preventive measures.

Compensation for Workplace Accidents

Employers must have occupational accident insurance, typically through private insurers. This insurance covers medical expenses, temporary or permanent disability benefits, and compensation for dependents in case of death. Injured workers or their families should file claims with the insurance company. Deadlines and procedures are specified in the insurance policy. Disputes over claim eligibility or benefits may be brought before labor courts.