“Normative Alert – Occupational Health and Safety Management Program – OHSMP”

Occupational Health and Safety Management Program – OHSMP

MLESW Ministerial Resolution No. 992/2023 dated June 9, 2023

 

This Ministerial Resolution approves the “Technical Regulation on Safety (“TRS”) No. 009/23 – Occupational Health and Safety Management Program”, which regulates the procedure for the mandatory submission of the “Occupational Health and Safety Management Program – OHSMP.

The purpose of the OHSMP is to prevent occupational risks, work accidents and occupational diseases, through the management and implementation of mechanisms and measures within the framework of current legal regulations that guarantee safe and healthy conditions for workers in the workplace in the development of their work activity.

This regulation is mandatory for all national and foreign companies or work establishments that are in operation or in the project execution stage, whether public or private, whether or not they are for-profit, in accordance with the provisions of article 3 of the General Law on Hygiene, Occupational Safety and Well-being.

The OHSMP must be prepared by personnel duly registered and with valid credentials in the National Registry of Professionals and Technicians in Occupational Hygiene, Safety and Occupational Medicine, under the Ministry of Labour, Employment and Social Welfare (MLESW) in accordance with current legal regulations.

The OHSMP must contemplate the technical content indicated in the TRS, which includes the following aspects:

    1. Understanding of work activity and its context in Ocupational Health and Safety – OSH.
    2. OSH leadership and commitment.
    3. Mixed Committee and/or Coordinator of Occupational Hygiene, Safety and Well-being.
    4. Planning.
    5. Hygiene Studies/Monitoring.
    6. High Risk Activities.
    7. Induction, Training, Awareness and Communication.
    8. Provision of Work Clothes and Personal Protective Equipment.
    9. Internal OSH Inspections
    10. Emergency Plan
    11. Investigation and Management of Work Accidents and Corrective Actions
    12. Occupational Medicine and Occupational Health
    13. Internal Monitoring and Self-Assessment Reports

Likewise, the TRS contains the procedure for review and approval of the OHSMP. The Digital Approval Certificate will be valid for three (3) years. In the first and second year, the company or work establishment must present a report through the institutional web portal and at the end of the period of validity, it has the obligation to process the update of the PGSST.

The company or work establishment that has the respective approval of the OHSMP and that within the period of validity of the same makes modifications in the infrastructure, production processes, change of inputs, raw material, change or modification of company name and/or transfer of facilities, shall submit the updated OHSMP.

Also, the SYSTEM OF SAFETY AND HEALTH PROGRAMS AT WORK is approved, with the purpose of having a computer system that helps in the tasks assigned to the Ministry of Labor, Employment and Social Welfare with reference to the presentation and approval of the OHSMP.

The company or work establishment that has the former Occupational Health and Safety Program – OHSP approved must comply with the established period of validity (3 years), once said period is over, it must adapt to this new regulation.

The applications for approval of the OHSP that have been submitted prior to the validity of this Resolution and that to date do not have the Digital Approval Certificate, exceptionally must complete the process as established in the approved NTS-009/18 through RM No. 1411/18 of December 27, 2019.

Update requests in accordance with RM 1411/18 will have 90 calculating calendar days from the publication of this Resolution to adapt their request in accordance with TRS-009/23.

RM 1411/18 and RM 703-19 that provided for the approval of the former OHSP are totally revoked.