Puerto Rico has a comprehensive set of health and safety laws to safeguard workers. These laws are largely in line with the federal OSHA regulations of the United States, but with some unique additions and distinctions specific to Puerto Rico.

Key Legislation

The Puerto Rico Occupational Safety and Health Act of 1975 (Law Num. 16) is the primary law that establishes the rights of workers to a safe and healthy workplace and the obligations of employers to provide it. The Puerto Rico Department of Labor and Human Resources (PR DOLHR) is the agency responsible for administering and enforcing occupational safety and health standards.

Employer Responsibilities

Employers in Puerto Rico are required to ensure workplace safety across various aspects:

• General Duty Clause: Employers must provide a workplace free from recognized hazards that are likely to cause serious harm or death.
• Specific Standards: Employers must comply with safety and health standards issued by the PR DOLHR. These standards cover areas like hazard communication, personal protective equipment (PPE), machine guarding, electrical safety, and fall protection.
• Recordkeeping and Reporting: Employers must maintain records of work-related injuries, illnesses, and fatalities. Serious incidents must be reported to PR DOLHR.
• Anti-Discrimination Protection: Employers cannot retaliate against employees for exercising their rights to report safety concerns.

Employee Rights

Puerto Rico's health and safety laws provide employees with several key rights:

• Right to Know: Employees have the right to know about hazards in their workplace and how to protect themselves through safety training and access to information.
• Right to Participate: Employees can participate in safety and health programs, report hazards, and be involved in inspections without fear of reprisal.
• Right to Refuse: Employees can refuse to work in conditions they reasonably believe pose imminent danger of serious harm or death.
• Right to Request Inspections: Employees can request a PR DOLHR inspection if there's reasonable belief of an imminent health or safety hazard in their workplace.

Additional Areas of Regulation

Puerto Rico has specific regulations aimed at preventing and addressing workplace violence. PR DOLHR also regulates boiler and pressure vessel safety, which includes design, construction, and inspection standards, as well as elevator and escalator safety.

Occupational health and safety is a critical aspect of any workplace. It involves the implementation of measures and standards designed to ensure the safety and health of employees. These measures can be general or specific to certain industries.

General Standards

Hazard communication is a key aspect of occupational health and safety. Employers are required to communicate the hazards of chemicals to workers through labeling, safety data sheets (SDS), and training.

Personal Protective Equipment (PPE) is another crucial component. Employers must assess workplace hazards and provide appropriate PPE, such as eye protection, hearing protection, and gloves, at no cost to employees.

In environments where workers may have occupational exposure to blood or other potentially infectious materials, measures to protect against bloodborne pathogens are necessary. These include exposure control plans, safety practices, and training.

Lockout/Tagout (LOTO) procedures are used to safeguard workers from hazardous energy releases during service or maintenance activities.

Machine guarding is also required to protect employees from moving parts or points of operation on machinery.

Industry-Specific Standards

Construction

In the construction industry, there are detailed standards for preventing falls from heights, including requirements for guardrails, personal fall arrest systems, and safety nets.

Scaffolding standards specify requirements for scaffold construction and use.

Excavation and trenching standards are in place to prevent cave-ins, including protective systems, inspections, and safe access/egress.

Electrical safety measures protect from electrical hazards on construction sites, including grounding, lockout/tagout, and safe work practices.

Manufacturing

In manufacturing, Process Safety Management (PSM) involves the management of hazardous chemicals in manufacturing processes to prevent accidental releases.

Confined Space Entry standards provide specific procedures for safe entry and work in confined spaces.

Healthcare

In the healthcare industry, infection control measures are implemented to protect healthcare workers and patients from exposure to bloodborne pathogens, tuberculosis, and other infectious diseases.

Workplace Violence Prevention

Workplace violence prevention is another important aspect of occupational health and safety. Employers must develop and implement a plan to prevent and respond to workplace violence. This includes conducting a risk assessment to identify potential workplace violence hazards and risk factors, providing employee training on recognizing and reporting signs of workplace violence, prevention tactics, and response procedures, and establishing procedures for reporting, investigating, and responding to incidents of workplace violence.

Workplace inspections play a crucial role in enforcing compliance, identifying hazards, and educating employers. These inspections are conducted by the Puerto Rico Department of Labor and Human Resources (PR DOLHR) and Puerto Rico Occupational Safety and Health Administration (PR OSHA).

Types of Inspections

There are several types of inspections, including complaint-based inspections, imminent danger inspections, targeted inspections, and follow-up inspections. Complaint-based inspections are initiated when employees or their representatives file a formal complaint alleging serious hazards. Imminent danger inspections are prioritized when there is reasonable certainty of immediate danger of death or serious physical harm. Targeted inspections focus on high-hazard industries or workplaces with a history of safety problems or severe incidents. Follow-up inspections ensure that previous violations have been corrected.

Inspection Procedures

The inspection process involves several steps. First, the inspector presents official credentials and explains the purpose and scope of the inspection. Then, an opening conference is held with the employer representative to discuss the inspection process. This is followed by a walk-through inspection where the inspector observes work areas, examines equipment, and potentially interviews employees. Throughout the inspection, the inspector may provide guidance or point out potential hazards. After the inspection, a closing conference is held where the inspector discusses observed hazards and possible violations with the employer representative. If violations are found, PR OSHA may issue citations, each with a proposed penalty. Employers are then given a deadline to correct cited violations.

Inspection Criteria

During the inspection, inspectors focus on compliance with specific standards, recognized hazards, and the effectiveness of safety programs. They evaluate adherence to relevant regulations from PR OSHA and look for known hazards within the industry that could cause harm, even if not covered by a specific standard. Inspectors also assess if the employer's safety and health management system is functioning properly.

Follow-Up Actions

After the inspection, employers have the right to contest citations and penalties within a specified timeframe. Proof of corrective actions for cited violations must be submitted to PR OSHA. PR OSHA may also conduct follow-up inspections to ensure compliance has been achieved.

Additional Notes

Employers must allow PR OSHA inspectors access to their workplace. Employees may accompany the inspector during the inspection.

Employers are required to report any fatalities or inpatient hospitalization of one or more employees to PR OSHA within eight hours of the incident. They must also keep a record of all work-related injuries and illnesses using OSHA Forms 300, 300A, and 301 (or their equivalent). Furthermore, work-related injuries must be reported to the CFSE (Corporación del Fondo del Seguro del Estado), the government's workers' compensation insurance provider.

Investigation Processes

Employers are responsible for investigating workplace accidents promptly to determine the root cause and prevent future incidents. PR OSHA may conduct investigations into serious injuries, fatalities, or worker complaints to determine if safety violations have occurred. The CFSE often investigates reported accidents to assess their compensability and validity of a worker's claim.

Workers' Compensation in Puerto Rico

Nearly all employers in Puerto Rico are required to provide workers' compensation insurance through the CFSE. Workers' compensation may cover medical expenses, wage replacement for lost work time, disability benefits (temporary or permanent), and death benefits for dependents.

Filing a Workers' Compensation Claim

The injured worker must promptly report the injury to their employer and seek medical attention. The employer must then report the injury to the CFSE. The worker receives authorized medical treatment for their injuries through the CFSE system. CFSE reviews the claim and determines compensability. If a claim is denied or disputed, workers have the right to appeal the decision.

Key Points to Remember

There are strict time limits for reporting injuries to both PR OSHA (if applicable) and the CFSE. Employers cannot discriminate or retaliate against workers for reporting injuries or filing workers' compensation claims.