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General Provisions. Obligations And Rights Of The Worker Lifeguards.

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

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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., are sanctioned by law:

PROFESSIONAL EXERCISE OF THE KEEPERS

TITLE I

GENERAL PROVISIONS

ARTICLE 1-This law is intended to: (a) Regular 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 enabled 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) establish the responsibilities of public bodies and private operators or persons responsible for installations relating to the aquatic environment, in (e) To establish the obligations of employers in relation to aquatic environments, existing facilities and the provision of equipment, in order to allow risk mitigation for workers The creation of the National Public Registry of Guardsmen, in which all the guarantas who carry out the activity in the field must be registered, guaranteeing the greatest effectiveness in the task of prevention and rescue in cases of emergency. any aquatic environment, as described in this law; g) Protecting the environment aquatic, its flora and fauna, within the limits of the activity of the keepers.

ARTICLE 2 °-Sources of regulation. The contract of work of a keeper and the emerging relationship thereof shall be governed by: (a) By this law and the rules which are consequently dictated; (b) by the Law of Labour Contract 20.744 (t.o. 1976) or the public employment regime corresponding,

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which shall apply in all cases which are compatible and do not object to the specific legal regime laid down in this Law; (c) by collective agreements and agreements concluded in accordance with the provisions of laws 14.250 (2004) and 23,546 (t.o. 2004), and by the lauds with force of such; 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 °-Of 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. aquatic 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 the risks; (b) Orienting and providing security for the persons; (c) Understanding emergency situations, giving the relevant notice to the health authorities or to the (d) Run water rescue techniques necessary to reach the victim, stabilise it and remove it from the condition of danger, without putting its life and other persons at risk, in compliance with the protocols of

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(e) Provide emergency first aid necessary to maintain the life of the victim until the specialised assistance arrives; f) To monitor the areas of his/her area of responsibility and to report on the hazards to the health, safety and well-being of the public in his or her capacity; putting on record in the Water Book; g) Keep in good condition the materials, equipment, tools and area of work assigned, giving account of the deterioration and needs (h) To request the authorities to exercise the power of the police, to be comply with the rules and regulations stipulated for the proper surveillance of aquatic environments; (i) to effectively and loyally perform the tasks inherent in the charge; (j) Save personal attention and observe a respectful treatment with the concurrent public (k) Refrain from ingesting alcoholic beverages or substances which may alter the normal psycho-physical conditions during the performance of the assigned tasks; (l) Limiting to their specific tasks within the working hours, remaining in your area of responsibility, without leaving it, unless you have been authorised by the 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 their quality of lifeguards by presenting the book of keepers duly updated, 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 persons requiring them; b) differential work day: in order to maintain the effectiveness of surveillance and prevention, the working day of the lifeguards may not exceed that of six hours a day whatever the aquatic environment where their work is carried out; c) The regulations shall establish risk categories for the effects of determining the required minimum clothing and equipment in each case; d) Extending its conditions professionals keeping them updated and perfect their technical preparation.

TITLE III

TRAINING AND ENABLING TO ACT AS A KEEPER

ARTICLE 9-Requirements for training, training and qualification as a keeper: (a) Training. The training of guardkeepers shall be carried out in institutions which are duly authorized for such purposes and whose titles are of national validity, approved by the Ministry of Education of the Nation; (b) Enablement. To obtain the enablement as a keeper is required:-Be older. -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 incorporation into the National Register of

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Guardiesas, 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 that end; d) Revalida of the Book of Guardsmen. 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 other provisions laid down in the existing legal order. (a) Recruitment and Social Welfare: 1. Employers will have to make the discount and payment of the contributions to the social security of the guardrails in their care, as well as the payment corresponding to the employer's share. 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.

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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 established by the regulations and collective labour agreements of the activity.

TITLE V

ROLE OF THE PUBLIC NATIONAL REGISTER OF KEEPERS

ARTICLE 13. -Believe in the field of the national executive branch, the National Public Registry of Guardsmen who 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 entitled to the rescue work in the aquatic environment; (c) to issue the Keeper required by Article 9 (b), fourth subparagraph; (d) To carry out research tasks, development, programmes and courses aimed at the constant modernization of the lifeguards; and) Coordinate activities and programs with the various organizations, national and international related to the water saving; 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.

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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 to its 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.

Date of publication: 03/07/2015

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