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Professional Exercise Of The General Provisions-Obligations And Rights

Original Language Title: EJERCICIO PROFESIONAL DE LOS GUARDAVIDAS DISPOSICIONES GENERALES - OBLIGACIONES Y DERECHOS

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image start infoleg site The Ministry of Justice and Human Rights
PROFESSIONAL EXERCISE OF THE KEEPERS

Law 27155

General Provisions. Obligations and Rights of the Worker Guardsmen.

Sanctioned: June 10, 2015

Enacted in Fact: July 01, 2015

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

PROFESSIONAL EXERCISE OF THE KEEPERS

TITLE I

GENERAL PROVISIONS

ARTICLE 1- The purpose of this law is to:

(a) to regulate the training and exercise of the work of the lifeguard profession, incorporating basic and elementary budgets that must be met in every aquatic environment;

(b) Consider and recognize the lifeguard as trained personnel for the protection and protection of human life in the aquatic environment;

(c) Dispose specific functions as well as responsibilities in the performance of their work;

(d) to establish the responsibilities of public and private bodies responsible for the aquatic environment, in relation to the lifeguards;

(e) Establish the obligations of employers in relation to aquatic environments, existing facilities and the provision of equipment, in order to allow risk mitigation for the workers by ensuring the Greater effectiveness in the task of prevention and rescue in cases of emergency;

(f) the creation of the National Public Registry of Guardsmen, in which all the keepers who carry out the activity in any aquatic environment must be registered, as described in this law;

g) Protect the aquatic environment, its flora and fauna, within the limits of the activity of the keepers.

ARTICLE 2- Sources of regulation. The contract of the work of the keeper and the emergent relationship of the same shall be governed:

(a) by this law and the rules which are consequently dictated;

(b) by the Labour Contract Act 20.744 (t.o. 1976) or the corresponding public employment regime, which shall apply in all that is compatible and do not oppose the specific legal regime established by this law;

(c) by collective agreements and agreements concluded in accordance with the provisions of laws 14,250 (t.o. 2004) and 23,546 (t.o. 2004), and by the award of such agreements;

d) For uses and customs.

The provisions laid down in laws 24.013, 25.013, 25.323 and 25.345 or those which replace them in the future shall apply to this statutory scheme.

ARTICLE 3- From the keeper. The lifeguard is the trained and trained person to monitor, prevent, attend, supervise, guide and assist people in a technical and professional manner providing immediate response to water rescue and/or emergency first aid. risk situations that occur within the area of responsibility.

ARTICLE 4 °- Risk activity. The activity of the keepers is recognized as a high risk activity according to its characteristics and the area where it is developed.

ARTICLE 5-Scope of territorial application. The scope of this law is the aquatic environment of the national territory.


ARTICLE 6-Definitions. For the purposes of this law, the following definitions apply:

1. Water environment. It is any space or construction that contains water in natural or artificial form, public, semi-public or private, which is enabled as a spa or natatorium for recreation, sport or rehabilitation of people, with the exception of are located in the private residences of exclusive family use; be it national, provincial or municipal.

2. Area of responsibility. It is the space corresponding to the water, the surroundings and the structures contained within the facilities where the keepers perform their tasks.

3. Training for the service. They are all activities to train and train, which are used to develop and maintain the skills and knowledge of the keepers. It is carried out in the place where it develops its activity and outside of the working hours.

4. Emergency first aid. It is the effective, immediate and timely response that is given to the person who is in a life-threatening situation. It includes salvaging breathing, cardiopulmonary resuscitation, and basic injury or injury care.

5. Rescue in aquatic environment. The skill by which the keeper physically assists a person in a situation of risk within the water.

TITLE II

OBLIGATIONS AND RIGHTS OF THE WORKER

ARTICLE 7-Obligation of the worker:

a) Prevent accidents by limiting risks;

(b) Orienting and providing security for persons;

(c) to provide for emergency situations, giving the appropriate warning to the health authorities or with competence in the field of safety;

(d) Run aquatic rescue techniques necessary to reach the victim, stabilize it and remove it from the condition of danger, without putting his or other people's lives at risk, in compliance with the existing safety protocols;

(e) Provide the emergency first aid necessary to maintain the life of the victim until the specialized assistance arrives;

f) To monitor the areas of your area of responsibility and to report on the dangers to health, safety and well-being of the public in your care; and to put on record in the Water Book;

g) Keep in good condition the materials, equipment, tools and work area assigned, giving account of the deterioration and repair and replacement needs;

(h) To request the authorities to exercise the power of police, in order to comply with the rules and regulations stipulated for the proper monitoring of aquatic environments;

(i) to carry out the tasks inherent in the position effectively and effectively;

(j) Save personal pulp and observe a respectful treatment with the public at the place;

(k) abstain from ingesting alcoholic beverages or substances which may alter normal psycho-physical conditions during the performance of the tasks assigned;

(l) to be limited to his or her specific tasks within the working hours, remaining in his/her area of responsibility, without leaving it, unless prior authorization of the immediate superior;

(m) Collaborate with the protection of the aquatic environment, its flora and fauna;

(n) Protect, defend and enforce the exercise of their profession;

(n) Credit your quality of lifeguards by presenting the duly updated guardbook, where the employment relationship must be recorded.

ARTICLE 8- Rights of the worker. They enjoy the following rights:

(a) Physical space and equipment: must have a physical space and all equipment that is necessary to provide assistance and first aid to the persons who require them;

(b) "differential work day": in order to maintain the effectiveness of surveillance and prevention, the work day of the keepers may not exceed that of six hours a day, regardless of the aquatic environment in which they perform their work;

(c) The regulation shall establish risk categories for the purpose of determining the minimum standard of clothing and equipment required in each case;

d) Expand their professional conditions by keeping them up to date and improve their technical preparation.

TITLE III

TRAINING AND ENABLING TO ACT AS A KEEPER

ARTICLE 9- Requirements for training, training and enabling as a keeper:

(a) Training. The training of guardrares shall be carried out in institutions that are duly authorized for such purposes and whose titles are of national validity, approved by the Ministry of Education of the Nation;

(b) Enabling. To obtain enablement as a save is required:

-Being of age.

-Possess entitled title granted by institution duly authorized and recognized by the Ministry of Education of the Nation.

-Possess the certificate of psycho-physical fitness awarded by an official health institution.

-To have the keeper's book issued by competent authority.

(c) Homologations. They are considered valid for the purposes of the incorporation into the National Register of Guardsmen, the titles and/or librettes of guardiespeople who, at the date of entry into force of this law, have been issued by the competent public bodies to such end;

d) Revalid of the Guardsmen's Book. A physical proficiency test of annual validity, called revalidation, shall be required for the updating of the keeper's book. The requirements of the revalidation will be established by the National Registry of Guardsmen, however the municipal and/or provincial provisions will prevail when they establish higher requirements than those established by the National Registry.

TITLE IV

OF THE OBLIGATIONS OF THE EMPLOYER

ARTICLE 10.- Holders of facilities relating to aquatic environments and public bodies whose characteristics require the hiring of guardiors shall comply with the following requirements laid down in this Law, without prejudice to the requirements of this Directive. other provisions laid down in the existing legal order.

a) Recruitment and social security:

1. Employers shall make the discount and payment of the contributions to the social security of the keepers at their expense, as well as the payment corresponding to the part of the employer.

2. Work per season. Prior to the beginning of each season, the employers will proceed in a manner corresponding to each aquatic environment to quote or notify, within a period not less than thirty (30) days, to the employees to cover the posts of The competent authorities of the Member States shall ensure that the competent authorities of the Member States comply with the requirements of this Directive.

3. The municipal, provincial and national states that require the hiring of guardeors shall be required to implement public tenders for the purpose of filling the vacancies, in accordance with the legislation in force.

4. When the number of applicants is insufficient to fill the vacancies, employers must have recourse to the recruitment of workers registered in the labour exchanges of the trade unions in their different territorial areas.

b) Security:

1. Provide a physical space and equipment necessary to perform first aid to the persons who require them.

2. Provide workers with safety and accident prevention services in all spaces where they perform.

3. Require the annual update of the enabled keepers. These theoretical-practical updates aim to provide an effective response to emergency situations, either individually or as a team, and can be carried out at the place of the benefit or accredited by an enabling entity according to the article. 9 ° of this law.

4. Provide and control the use of the corresponding security elements, according to the regulations.

c) With respect to the National Public Registry of Guardsmen:

1. Employers who hire the guardrails must forward annually to the National Public Registry of Guardsmen a sworn statement detailing the data of their contract workers. They must also make known any change or modification in the staff plant.

2. To provide annually and control the use of regulatory clothing, which will be integrated by the elements that determine the regulation.

ARTICLE 11- Minimum amount of save to be used. For a proper performance in the sectors of influence of an aquatic environment, the number of personnel may not be lower than that laid down by the regulations and the collective agreements of work of the activity.

ARTICLE 12.- Employers must respect the scale laid down by the rules and collective labour agreements of the activity.

TITLE V

ROLE OF THE PUBLIC NATIONAL REGISTER OF KEEPERS

ARTICLE 13.- Create in the realm of the national executive branch, the National Public Registry of Guardsmen that will have the following functions:

(a) Control compliance with the provisions of this law, in conjunction with local jurisdictions, and must make the relevant complaints to the enforcement authority or to the competent police or judicial body, where any inspection of this Register identifies irregularities;

(b) to keep an up-to-date record of the titles or certificates of the lifeguards authorised for the rescue work in the aquatic environment;

(c) Issue the Guardary Book required by the fourth paragraph of Article 9 (b);

d) To carry out research, development, program and course tasks aimed at the constant modernization of the keepers;

(e) Coordinate activities and programs with the various organizations, national and international related to the aquatic salvage;

(f) Update the technical profiles of the aquatic salvage;

(g) To establish the specific characteristics of the minimum and mandatory equipment and clothing to be provided taking into account the different aquatic environments and/or different geographical areas of the country. This is without prejudice to the prevalence of local and/or provincial rules governing the matter.

ARTICLE 14.- Integration. The National Public Registry of Guardsmen will be formed with a directory whose composition will be fixed by the regulations, in such a way as to guarantee the majority of the representatives of the State and its integration with representatives of the unions with guild people who group the workers to keep them.

ARTICLE 15.- Sanctions. Penalties for failure to comply with this law, and for regulations which are consequently dictated, without prejudice to any other responsibilities which may correspond, shall be those laid down in each of the jurisdictions in accordance with the The police authority responsible for them.

TITLE VI

FINAL PROVISIONS

ARTICLE 16.- Duration of the season. The period from November 15 to April 15 is considered a season, which can be extended according to the climate situation and the tourist influx. For the purposes of the seniority of the keepers, this period shall be counted as one (1) calendar year.

ARTICLE 17.- The national executive branch shall regulate the provisions of this law within one hundred and eighty (180) days of its promulgation, establishing in it the implementing authority and the origin of the budget items necessary for its implementation. operation.

ARTICLE 18.- Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TEN DAYS OF THE MONTH OF JUNE OF THE YEAR TWO THOUSAND FIFTEEN.

-REGISTERED UNDER NO 27155-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese.