HIGIENE AND SECURITY OF WORK Decree 1338/96 Medical and Health and Safety Services at Work. equivalent workers. Refer to Titles II and VIII of Annex I to Decree No. 351/79.

Bs. As., 25/11/96

VISTO Laws No. 24.557 and No. 19.587, Decree No. 351 of 5 February 1979, and

CONSIDERING:

That Law No. 24.557 imposes on the insured persons authorized to operate within the framework of the Law on RISKS OF WORK, obligations that could be concurrent with those of the Medical and Health and Safety Services at Work, which the establishments were obliged to maintain in accordance with the provisions of Decree No. 351/79.

That in order to avoid overlapping of functions between such services and those to be provided by the Assurer within the new framework of the WORKING RISK LAW, it is essential to modify some aspects of the Hygiene and Security standards to date.

For this purpose, it is necessary to repeal Title II, Chapters 2, 3 and 4 of Annex I to Decree No. 351/79, replacing its provisions with which they are approved in this Decree.

That it is necessary to redesign the functions and structure of the Services of Medicine and Hygiene and Safety at Work to adapt them to the characteristics of the new system.

It is advisable to remove the requirement of hierarchical dependence that should be maintained with the conduct of the establishment the Hygiene and Security Services in the Work of establishments of more than CINCUENTA (150) workers, within the scheme of the aforementioned Decree No. 351/79.

The possibility of services being provided internally or externally for any category or size of establishment is established.

It is appropriate to redefine the number of hours-professional dedicated to these necessary services per worker according to the characteristics of the establishment, and the tasks of the workers, developing the concept of "equivalent worker".

That it is conducive to establish that the WORKING RISK SUPERINTENDANCE is the entity responsible for determining what the medical examinations to be carried out by employers or the Assurers will be, in accordance with Decree No. 170/96.

It is appropriate to maintain the enabling register for professionals who perform tasks in the Occupational Health and Safety Services, which should be carried out and kept up to date as determined by the WORK RISK SUPERINTENDANCE.

It has been considered relevant except for certain activities duly characterized by the obligation to assign professionals and technicians in hygiene and safety.

That article 31 of Act No. 24.557 establishes a system of statistical registration of accidents and occupational diseases by employers and insurers, and article 36 of the same rule imposes the obligation to maintain the National Register of Labour Incapacities to the SUPERINTENDANCE OF WORKERS.

That for the above is imposed the repeal of Title VIII of Annex I to Decree No. 351/79, referring to the obligation to submit the Annual Statistical Report on Siniestrality.

That the present is in exercise of the powers conferred by article 99, paragraph 2, of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 . Default Title II of Annex I to Decree No. 351/79. Art. 2o . Prove Title VIII of Annex I to Decree No. 351/79. Art. 3o . Services of Medicine and Hygiene and Safety at Work. For the purposes of compliance with article 5 (a) of Law No. 19,587, the establishments shall have, on an internal or external basis according to the will of the employer, the Services of Labour Medicine and Health and Safety at Work, which shall have as a fundamental objective to prevent, in their respective areas, any harm that may be caused to the life and health of the workers by the conditions of their work, creating the conditions for the health and safety of the organization. Such services shall be under the responsibility of university graduates, according to the detail set out in Articles 6 and 11 of the present. Art. 4o . Equivalent workers. For the purposes of the application of the present is defined as "the quantity of workers equivalent" to the amount resulting from adding the number of workers dedicated to the production tasks plus the CINCUENTA BY CIENTO (50 %) of the number of workers assigned to administrative tasks. Art. 5o . Labour Medicine Service. The Labour Medicine Service has as its fundamental mission to promote and maintain the highest level of health of workers, including health education, relief, vaccination and morbidity ausentism studies. Its function is essentially preventive, without prejudice to the provision of the initial assistance of illnesses presented during work and medical emergencies occurring in the establishment, until the appropriate medical service is in a position to be performed. Art. 6th Los Labor Medicine Services should be headed by university graduates specializing in Labor Medicine with a degree as a Labor Doctor. Art. 7o Los Employers shall have the following weekly assignment of medical hours at the establishment, depending on the number of equivalent workers:

From MIL QUINIENTS UN (1501) equivalent workers must be added to the VEINTICINCO (25) hours provided in the previous table, UNA (1) weekly medical hour by each CIEN (100) workers. For establishments of less CIENTO CINCUENTA AND UN (151) equivalent workers, the allocation of weekly medical hours on the floor is voluntary, except for the type of risk, the competent authority has the opposite.

Art. 8o . In addition to the provisions of the preceding article, employers shall provide for the assignment of auxiliary personnel of these Labour Medicine Services, consisting of a nurse with an enabling title recognized by the competent authority when there are more DOSCIENTOS (200) workers engaged in productive tasks or more of CUATROCIENTOS (400) equivalent workers for each work shift. This nurse will have the role of preventing and protecting the health of workers, working with doctors. Art. 9th La WORKING RISK SUPERINTENDANCE will determine the medical examinations to be performed by the Insurers or employers, if any, further stipulating, depending on the risk to which the worker is exposed in the development of his activity, the specific characteristics and frequency of such examinations. Art. 10. . Occupational health and safety services. The Occupational Health and Safety Service has as its fundamental mission to implement the policy set by the establishment in the field, aimed at identifying, promoting and maintaining adequate environmental conditions in the workplace. It shall also record the actions carried out, aimed at complying with these policies. Art. 11. (a) The Health and Safety Services at Work and the Prevention Areas of Occupational Risk Assurers should be directed by:

I. University graduates in the degree courses, in a university institution, who possess degrees with official recognition and national validity granted by the MINISTERY OF CULTURA and EDUCATION, with recognized competence in Hygiene and Safety at Work.

II. Professionals who are registered with the National Register of University Graduates in Hygiene and Security at the date of the present Decree, and are authorized by competent authority to exercise such function.

III. Technicians in Hygiene and Safety at Work, recognized by Resolution M.T.S.S. No. 313 dated 26 April 1983.

IV. Professionals who have started and are taking a postgraduate course in Hygiene and Occupational Safety at no less than CUATROCIENTS (400) hours of duration, developed in state or private universities, with recognition of the MINISTERY OF CULTURE and EDUCATION; once graduated from this course.

V. Graduates in postgraduate careers with official recognition granted under the conditions provided for in Resolution No. 1670 of 17 December 1996, of the MINISTERY OF CULTURE AND EDUCATION, or with accreditation of the NATIONAL COMMISSION OF EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU), with special guidance in Hygiene and Safety at Work.

(b) The Areas for the Prevention of Occupational Risk Insurance Insurance Companies shall be composed of graduates mentioned in the preceding section, Senior Health and Safety Technicians, Hygiene and Security Technicians, and suitable professionals who, as part of the stable insurance company, have been properly trained to perform such functions. In the latter case, the Director of the Prevention Area will be responsible for the professional actions of the same.

(c) Employers who are required to have Hygiene and Occupational Safety Services may develop it on their own, by third-party services or by complying with such obligation by contracting this service with their Insurer. In this case, the Insurer shall assume the obligations and responsibilities of the Service concerned.

(d) SUPERINTENDANCE OF RISKS OF WORK is entitled to denounce, in summary, the failure of the Graduates or Technicians to the relevant professional colleges and the competent administrative or judicial courts.

(Article replaced by art. 24 Decree No. 491/97 B.O. 29/05/1997) Art. Twelfth Los Employers shall have the following monthly duty-hour assignment in the establishment based on the number of equivalent workers and the risks of the activity, defined according to the obligation to comply with the different chapters of Annex I to Decree No. 351/79:

CATEGORIA

Art. 13. de In addition to the obligation set forth in the preceding article, employers shall provide for the assignment as assistants of the Hygiene and Safety Services in the Work of Hygiene and Safety Technicians with an enabling title recognized by the competent authority, according to the following table:

From NOVECIENTS UN (901) equivalent workers should be added to the number of technicians set out in the previous table One (1) more technician for each QUINIENTS (500) equivalent workers.

Art. 14. de The following entities are exempted from the obligation to assign professionals and technicians in hygiene and safety:

(a) The establishments dedicated to agriculture, hunting, forestry and fishing, which have up to QUINCE (15) permanent workers.

(b) Agricultural farms per season.

(c) The establishments dedicated exclusively to administrative tasks of up to DOSCIENTOS (200) workers.

(d) The establishments where commercial or servico tasks are carried out up to CIEN (100) workers, provided that toxic, flammable, radioactive and dangerous products for the worker are not manipulated, stored or broken.

(e) Medical services without internment.

(f) Educational establishments that do not have workshops.

(g) Automotive repair workshops that employ up to CINCO (5) equivalent workers.

(h) Public recreation places that do not have areas for maintenance, of less than THREE (3) workers.

In establishments where the employer is exempt from the provision of the Medical and Safety Services at Work, the Insurer shall provide the necessary advice to promote compliance with existing legislation by the employer.

Art. 15. . The Insurers must inform the Worker's RISK SUPERINTENDANCE of the sinister history of the worker, which will be made according to the model established by the Superintendence. Art. 16. . In cases where any legal provision refers to article 23 of Annex I to Decree No. 351/79, it is understood that reference is made to article 9 of this Decree. Art. 17. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Jorge A Rodríguez. . José A. Caro Figueroa. . Alberto J. Mazza.