General Provisions. Obligations And Rights Of The Worker Lifeguards.

Original Language Title: Disposiciones Generales. Obligaciones y Derechos del Trabajador Guardavidas.

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EXERCISE the lifeguard professional exercise of the lifeguard 27155 General provisions law professional. Obligations and rights of the worker lifeguards. Sanctioned: 10 June 2015 fact promulgated: 01 July 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. (sanctioned with force of law: exercise professional the lifeguard title I provisions general article 1 ° - this law aims: to) regulate the formation and exercise of the profession of lifeguards work, incorporating basic and elemental budgets that must be met in all aquatic environment; (b) consider and recognize the lifeguard enabled as trained personnel for the protection and safeguard of human life in the aquatic environment; (c) provide specific functions as well as responsibilities in the performance of its work; (d) establish the responsibilities of public bodies and private owners or managers of facilities relating to the aquatic environment, in relation to the lifeguards; (e) establish the obligations that have employers in relation to aquatic environments, existing facilities and the supply of equipment, in order to enable risk mitigation for lifeguard workers ensuring greater effectiveness in the task of prevention and rescue in emergencies; (f) the creation of the registry of national audience of lifeguards, in which shall be entered all the lifeguards carrying out activity in any aquatic environment, as will be described in this law; (g) protect the aquatic environment, its flora and fauna, within the limits of the activity of the lifeguards.
Article 2 - sources of regulation. The contract of employment of lifeguards and the emerging relationship of the same shall be governed: to) by this law and regulations thus enacted; (b) by the law of contract of work 20.744 (t.o. 1976) or the system of public employment, shall apply in all that is compatible and is not contrary to the specific legal regime established in this Act; (c) by the conventions and collective agreements, concluded in accordance with law 14.250 (t.o. 2004) and 23.546 (t.o. 2004), and awards the force of such; (d) by the uses and customs. The provisions laid down in law 24.013, 25.013, 25.323 and 25.345 or which in the future will replace them will be of supplementary application to the present statutory scheme.
Article 3 ° - the lifeguard worker. The lifeguard is formed and trained to monitor, prevent, address, monitor, guide and assist technical and professional people offering immediate response of water rescue or first aid emergency, situations of risk that occur within the area of responsibility.
Article 4 - risk activity. The activity of the lifeguard is recognized as a high-risk activity in function of their characteristics and the field where it develops.
Article 5 - scope of territorial application. The scope of this law is any aquatic environment of the national territory.
Article 6 - definitions. For the purposes of this law, the following definitions are applicable: 1. aquatic environment. It is all space or building containing water in natural or artificial, public, semi-public or private way that is enabled as spa or swimming pool for recreation, sport or rehabilitation of persons, with the exception of those that are located in the private residences of exclusive family use; whether national, provincial or municipal. 2. area of responsibility. It is the space corresponding to water, the surrounding areas and structures contained within the premises where the lifeguards performed their duties. 3. training for the service. They are all those efforts to form and train, which are used to develop and maintain the skills and expertise of the lifeguards. It takes place at the place where it develops its activity and outside office hours. 4. first-aid emergency. It is effective, prompt and timely response is provided to the person who is at risk for life-threatening. It includes breath of salvage, cardiopulmonary resuscitation and basic care of lesions or wounds. 5. rescue in aquatic environment. Skill by which the guardavida physically assists a person at risk within the water.
Title II obligations and rights worker lifeguard article 7 - obligation of the lifeguard worker: to) prevent accidents by limiting risks; (b) Guide and reassure the people; (c) respond to emergency situations, giving the corresponding notice to the health authorities or with competence in the field of security; (d) run water rescue techniques needed to reach the victim, stabilizing it and out of danger condition, without putting at risk their life or that of others, fulfilling salvage protocols in force; (e) providing emergency first aid necessary to preserve the life of the victim until the specialized assistance; (f) to monitor the areas of their area of responsibility and inform about the dangers to the health, safety and welfare itself, of the public in charge; leaving constancy in the book of water; (g) maintain in good condition the materials, equipment, tools and work area mapped, giving account of the damage and needs of repair and replacement; (h) request the authorities to exercise the police power, to ensure compliance with the rules and regulations laid down for the proper monitoring of aquatic environments; (i) perform effectively and loyally the tasks inherent to the position; (j) keep personal neatness and observe respectfully with the concurrent to place public; (k) refrain from ingesting alcohol or substances that could alter the normal physical conditions during the performance of the tasks assigned; (l) limited to their specific tasks within working hours, staying in his area of responsibility, without abandoning it, except with prior authorisation of the immediate superior; (m) contribute to the protection of the aquatic environment, its flora and fauna; (n) to protect, defend and uphold the practice of his profession; (n) provide proof of its quality of lifeguards through the presentation of the lifeguard book duly updated, where the employment relationship shall be recorded.
Article 8 ° - rights lifeguard worker. Enjoy the following rights: to) physical space and equipment: must have a physical space and all the equipment that is necessary to provide assistance and first aid to persons requiring them; (b) workday differential: in order to maintain the effectiveness of surveillance and prevention, of the lifeguard working hours may not exceed the six hours a day regardless of the aquatic environment where to perform their work; (c) the regulation shall establish categories of risks for the purpose of determining clothing and the minimum equipment required in each case; (d) expand their professional conditions, keeping them up-to-date and improve their technical skills.
Title III by the training and empowerment to act as lifeguard article 9 ° - requirements for training, training and qualification as a lifeguard: to) formation. Lifeguard training will take place in institutions which are duly authorized to this purpose and whose issued securities are national validity, approved by the Ministry of education of the nation; (b) Habilitation. To obtain the habilitation as lifeguard is required:-be of legal age. -Own enabling title granted by duly authorized and recognized by the Ministry of education institution. -Own psycho-physical fitness certificate awarded by an institution of health official. -Having the lifeguards book issued by competent authority. (c) approvals. Are considered valid for the purposes of incorporation into the national registry of lifeguards, titles or books of lifeguards who at the date of entry into force of the present law have been issued by the competent public bodies for this purpose; (d) address book lifeguard exam. You will be required to carry out a test of physical adequacy of annual validity, called bar, lifeguards book update. The revalidation requirements will be established by the national registry of lifeguards, but which the municipal and/or provincial provisions shall prevail when they establish requirements exceeding that set the national record.

ARTICLE 10. -Holders of facilities relating to aquatic environments and public agencies whose characteristics require the hiring of lifeguards, must meet the following requirements established by this law, without prejudice to others under the law in force. (a) recruitment and social welfare: 1. employers should be the discount and payment of contributions to the welfare of the lifeguard in charge, as well as the payment corresponding to the part of the employer. 2. work for the season. Prior to the start of each season, corresponding to each aquatic environment employers will come informing to cite or notify, within one period of not less than thirty (30) calendar days, to employees to cover the lifeguard jobs, provided that they have the updated documentation and complying with the regulatory requirements of this law. 3. the municipal, provincial and national States requiring the hiring of lifeguards must implement public tender for the purpose of filling vacancies, in accordance with the legislation in force. 4. when the number of applicants is not enough to fill the vacancies employers must resort to the hiring of the workers enrolled in trade unions work bags in different territorial areas. (b) safety: 1. providing a physical space and equipment needed to perform first aid to persons requiring them. 2 lifeguard workers provide services of safety and prevention of accidents in all the spaces where they perform. 3 require the annual update of the qualified lifeguards. These practical updates are intended to provide effective response to emergency situations, individually or as equipment and can be carried out at the point of delivery or register by an enabling entity according to article 9 of this law. 4 provide and control the use of the corresponding elements of security, according to the regulation. (c) in regard to the public national register of lifeguards: 1. employers who hire the lifeguards should submit annually to the public national register of lifeguards a sworn statement detailing where your contracted data. They should also make known any change or modification to the plant's personnel. 2 provide annually, and control the use of regulatory clothing, which will be composed of the elements that determines the regulation. article 11. -Minimum amount of lifeguards to be used. For a correct performance in the areas of influence of an aquatic environment, headcount may not be less than that established regulations and collective agreements of work activity.
ARTICLE 12. -Employers should respect the ladder laying down regulations and collective agreements of work activity.
TITLE V FUNCTION OF THE PUBLIC NATIONAL REGISTER OF LIFEGUARD ARTICLE 13. (- Created in the scope of the national executive power, the record national audience of lifeguards that will have the following functions: to) monitor compliance with provisions of this law, in conjunction with local jurisdictions, and must formulate relevant complaints to the enforcement authority or the competent police or judicial body, as appropriate, any inspection of this registry detected irregularities; b) carry an up-to-date register of the diplomas and certificates of the lifeguards enabled the tasks of rescue in aquatic environment; ((c) to issue the book of lifeguards required in article 9, subparagraph (b)), fourth paragraph; (d) performing research, development programs and courses aimed at the constant modernization of the lifeguards; (e) to coordinate activities and programs with the various organizations, domestic and international related to the water rescue; f) update the technical profile of the aquatic rescue; (g) establish the specific characteristics of minimum and mandatory equipment and clothing to provide taking into account the various aquatic environments or different geographical areas of the country. This is without prejudice of the prevalence of local or provincial rules governing the matter.
ARTICLE 14. -Integration. The public national register of lifeguards will settle for a directory whose composition shall be fixed by regulation, so ensure the majority of representatives of the State and its integration with representatives of trade unions with legal personality which group together the lifeguard workers.
ARTICLE 15. -Sanctions. The sanctions for non-compliance with this Act, and the regulations that in its consequence handed down, without prejudice to the other responsibilities that may correspond, shall be those set out in each of the jurisdictions as the power of police who are responsible for them.
TITLE VI PROVISIONS ARTICLE 16 END. -Duration of the season. He is season for the period between November 15 and April 15, and can be extended according to the climatic situation and the tourist influx. For purposes of the antiquity of the lifeguards, this period will be counted as one (1) calendar year. article 17. -The national executive branch shall regulate the provisions of this Act within one hundred and eighty (180) days of its enactment, establishing the same enforcement authority and the origin of budget allocations necessary for its operation.
ARTICLE 18. -Communicate to the national executive power.
-REGISTERED UNDER NO. 27155 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -John H. Estrada. -Lucas Chedrese.

Date of publication: 03/07/2015