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The overriding principle for labour law is set out in Article 14bis of the Constitution of Argentina which aims trabaio provide for dignified and equitable working conditions. There are two leading OSH laws. The first is Law. Argentina is organized as a federation, composed of twenty-three provinces and the city of Buenos Aires.
Therefore, powers of labour inspectors depend ridsgos this administrative division, as each province has different procedural labour laws. Finally, OSH rules can be observed in the resolutions of the Ministry of Labour concerning particular issues in the field of OSH such as work in confined spaces, work with asbestos and regulations regarding ergonomic techniques.
Argentina – 2013
Worker is a person who rieegos or provides services to another person under an employment contract or a subordinate labour relationship. Migrant workers are included in the coverage by definition. Employer is a person or legal entity, rrabajo requires the service of a worker.
The OSH legislation does not exclude the Agriculture sector from its scope of application. The OSH rirsgos does not exclude the Construction sector from its scope of application. The OSH legislation does not exclude the Services sector from its scope of application. The OSH legislation does not exclude the Public sector from its scope of application.
A list of Occupational Diseases is recognised in law. Other occupational diseases must be considered by the Medical Central Commission; only when the disease is caused directly and immediately by the performance of the work and under certain xe.
The Superintendent is the highest authority of the Superintendence of Occupational Risks, appointed by the Executive power through a selection process. The primary leh of the Institute is providing technical assistance in the formulation of objectives and medium-term policies on working conditions and work environment and their impact on the health of workers.
Also the Institute must propose strategies for achieving results regarding the Law No. The Superintendence of Occupational Risks SRT approves Argentina’s’ Strategy of Health and Safety at Work with the participation of most representatives from the part of both employers and workers.
Employers must comply with the provisions of OSH Law.
The employer is obliged to observe the legal rules on hygiene and safety at work, and to enforce the breaks and limitations on the duration of the work set forth in the legal system.
Employers have the duty to perform pre-occupational examination and periodic medical health surveillance. Employers must protect life and integrity of workers providing and maintaining personal protective equipment.
Employers must have adequate facilities for immediate first aid. Workplaces are required to have adequate sanitary installations, independent for each sex, proportionate to the number off workers.
The law sets out requirements regarding toilets, sinks, showers and locker rooms. Workplaces must have water provisions and water reserves for human use. Employers must remove all possible sources of contamination and pollution, and must maintain quality levels according to the law. The eating area shall be isolated from the rest of the workplace, preferably in an independent building.
Floors, walls and ceilings must be easily cleaned; eating areas must have light, adequate ventilation and temperature. Employers with workers under a labour contract must provide their workers with a compulsory occupational risk insurance. Employers can secure insurance tiesgos occupational risks themselves, if they can provide financial guarantees required by law 244557 necessary medical services and other measures foreseen by the law.
The law does not require the employer to undertake a written risk assessment. Employers must comply with the preventive measures established in the action plan by the Occupational Risk Insurer ART. Employers must promote training for workers on OSH preventive measures. The Occupational Risk Insurer must include in the action plan a training programme for workers and employer to prevent occupational risks.
The lry medical service must be led by an occupational doctor registered in the Ministry of Social Rifsgos and at least with a nurse. The external medical service must have occupational doctors and nurses. The hygiene and safety service must be led by university professionals engineer or other OSH technical with postgraduate OSH courses and registries in a national professional register.
The internal medical service must be led by an occupational doctor registered in the Ministry of Social Welfare. For the Medical Services: From to workers: For the Hygiene and Safety Service ly law also provides the number of professional- working hour per number of workers at workplaces.
The law does not require workers to take reasonable steps to protect their own safety and health.
However, they have the duty to respect OSH legislation. The law does not require workers to take reasonable steps to protect the safety and health of others. Workers have the duty to respect OSH legislation. However, workers have the right to withdraw from work because of the employer’s non-compliance with lsy contract duties. The Committee has advisory functions in the following areas among others: However, the participation of workers may occur through their representative organizations in the context of collective bargaining agreements.
The law provides for the possibility to establish risk preventive measures through the collective bargaining agreements. Workers’ right to access OSH information is not specifically addressed in the legislation, however, the law requires employers to train workers eiesgos OSH prevention measures.
For mining activities the law requires a joint OSH committee. The functions of the joint OSH committee are the following among others: The committee must provide the undertaking’s administration with the meeting minutes. Members of the committee must receive OSH training to be provided by technical professionals of the workplace with the collaboration and support of the occupational risks insurer or the Superintendence of Riesgls Risks.
There is a specific decree regalating OSH aspects in agriculture. The Secretary of Public Health leh the National Atomic Energy Riesbos are the competent authority to provide licenses for ionizing radiation. The law provides for a maternity leave of 90 days with option for a non-paid leave up to 6 months. Pregnant workers have the right for social security and employment stability during the pregnancy.
It is presumed that the dismissal of a pregnant worker is due to reasons of maternity within seven and a half months before or after the birth in which case pregnant workers have the riesyos to full compensation. Lactating workers are provided with a daily half an hour break to breastfeed the child during a one year period.
Employers with a certain dell of women workers determined by law must provide a maternity room and childcare in the workplace. Employers are forbidden to employ women for unhealthy trabajl hazardous tasks.
It is prohibited to order women to carry out work related tasks at other locations other than the one assigned for lej workplace. Employers are forbidden to employ workers under 16 years of age. Employers are forbidden to employ workers under 18 years of age for night work from 20 p. Employers must not employ workers between the ages of for more than 6 hours per day or 36 hours per week.
Employers must keep a register of the occupational accidents at the workplace. Argentina is composed of twenty-three provinces organized as a federation. The powers of labour inspectors, rissgos on this administrative division provincial jurisdictionas each province has a different inspectorate law.
The national law creates an Integral System of Labour Inspection and Social Security to ensure the compliance with labour laws.
LEY DE RIESGOS DE TRABAJO () by Agustín Zufiaurre on Prezi
Inspectors have the power to enter workplaces during day or night without notification. Inspectors have the power to require information and gather evidence or take and remove samples of substances or materials used at the workplace as prescribed by labour legislation. Inspectors have the power to order the employer to take measures to comply with OSH legal duties.
In the event of non-compliance with the OSH legal duties but without risk for workers, inspectors may issue a mere warning to the employer. The inspectorate has the power to impose financial penalties when there are obstructions to the performance of inspectors.
Penalties for companies breaking the law vary according to a certain criteria, such as size of the company. The Ministry of Labour must register the recidivism of workplaces. Inspectors have, among their duties, the power to close a workplace and require the cessation of tasks involving a serious and imminent risk for the safety and health of workers. Inspectors have the duty to require police assistance to enter the workplace to fulfil their functions.
Argentina is composed of twenty-three provinces and the autonomous city of Buenos Aires. The provinces are organized as a federation.
The powers of labour tribunals include imposing sanctions for violations of OSH legislation depending on the administrative division, as each province has a different procedural labour law. The crime of manslaughter is foreseen in the Criminal Code.
ILO is a specialized agency of the United Nations.
Domestic workers are included. The committee must record each meeting. There is a specific resolution on ergonomics.