Complementary Occupational Hazards Act

Original Language Title: Complementaria de la Ley sobre Riesgos del Trabajo

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RISKS OF WORK

Law 27348

Complementary to the Law on Occupational Risks.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

SUPPLEMENTARY TO THE LAW ON OCCUPATIONAL RISKS

TITLE I

Of the medical commissions

ARTICLE 1-It shall be provided that the action of the judicial commissions established by Article 51 of Law 24.241 and its modifications, shall constitute the prior administrative instance of a compulsory and exclusive character of any other intervention, so that the worker concerned, with due care, requests the determination of the professional character of his illness or contingency, the determination of his incapacity and the corresponding cash benefits provided for in the Labour Risk Law. The court of law of the worker's domicile, the place of effective provision of services by the worker or, failing that, the domicile where the worker is usually reported, shall be competent for the worker and your resolution will exhaust the administrative instance. Workers linked by non-registered industrial relations with employers who have been registered under the first paragraph of Article 28 of Law 24,557 are not obliged to comply with the provisions of this Article and have the right to expedited court of law. The professional fees corresponding to the legal sponsorship and other expenses incurred by the worker as a result of his participation in the medical commissions shall be the responsibility of the respective insurance company for occupational risks (A.R.T.).

ARTICLE 2 °-Once the instance provided for in the preceding article has been exhausted, the parties may request the revision of the resolution before the Central Medical Commission. The worker shall have the option of bringing an action against the provisions of the judicial medical commission before the ordinary courts of the working jurisdiction of the provincial jurisdiction or the Autonomous City of Buenos Aires, as appropriate to the address of the medical commission that intervened. The decision of the Central Medical Commission shall be subject to direct action by either party, which shall be brought before the courts of a holding with labour jurisdiction or, if they do not exist, before the courts of instance. with the same jurisdiction, corresponding to the jurisdiction of the domicile of the judicial medical commission which intervened.

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The proceedings shall be taken in relation to and with suspensory effect, with the exception of the following cases, in which they shall have the effect of: (a) where the risk insurer of the work is appealed to the Central Medical Commission; in the case provided for in point (c) of Article 6 (2) (c) of Law 24,557, replaced by Article 2 (2) of Decree 1278/2000; (b) where the risk insurer of the job is appealed against the Central Medical Commission in the event of a re-aggravation of the accident at work or of the occupational disease. The action brought by the worker will attract the person who will eventually bring the risk insurer of the work to the Central Medical Commission and the judgment which will be handed down in the workplace will be binding on all parties. The decision-making decisions of the judicial or central medical committees which do not provide any grounds for appeal by the parties as well as the approval decisions shall be passed on to the authority of a res judicata administrative terms of Article 15 of Law 20,744 (t.o. 1976). The decisions of the respective judicial medical commission and the Central Medical Commission shall be notified to the parties and to the employer. For all cases, the provisions of Article 9 of Law 26,773 shall apply. All test measures produced in any instance will be free for the worker. In all cases, the official medical experts involved in the judicial disputes arising under Law 24,557 and their amendments must integrate the medical examiner of the intervenor or entity. equivalent to replace it and its fees will not be variable nor will be linked to the amount of the respective judgment and its regulation will respond exclusively to the work done in the process. In case there are no professionals who integrate forensic medical bodies in sufficient quantity to intervene as soon as the judicial process requires them as medical experts, the courts will be able to provide registration mechanisms. of medical professionals who expressly accept the parameters of regulation of their professional fees as provided for in the preceding paragraph. Court proceedings which are brought under this Title may not be the subject of a quota agreement.

ARTICLE 3-Create the type-approval service in the field of the judicial medical commissions, which shall have the functions and operate in accordance with the procedure laid down in Annex I to this Regulation. The Superintendence of Work Risks will dictate the rules of the procedure of action before the judicial commissions and the Central Medical Commission. The judicial medical commission shall be issued within sixty (60) working days from the first duly completed filing and the rules shall establish those collected for such purposes. Such time limit shall be extended by matters relating to the accreditation of the accident at work or of the occupational disease, duly substantiated. All time-limits shall be subject to time and the expiry of the time limit shall leave the route provided for in Article 2 of this Law. The unjustified delay which could be attributed to the respective judicial medical commission will cause the perpetrators to be seriously lacking.

Article 4 °-Invite the provinces and the Autonomous City of Buenos Aires to adhere to this Title.

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The accession of the Member States shall, in accordance with the procedure laid down in Articles 1, 2 and 3 of the Treaty on European Union, give effect to the application of the provisions of Articles 1, 2 and 3 of the Treaty. Article 46 (1) of Law 24,557 and its amendments, as well as the appropriate adequacy, by the Acceding Provincial States, of the necessary local regulations.

TITLE II

From the Provincial Public Self-Insurance

Article 5-Create the Provincial Public Self-Insurance aimed at ensuring that the provinces and their municipalities and the Autonomous City of Buenos Aires are able to ensure the risks of the work defined in Law 24,557 and its modifications, with respect to the Provincial and municipal public employment schemes, according to what is established by the Superintendence of Work Risks. In order to access the Provincial Public Self-Insurance, each jurisdiction must guarantee the existence of a sufficient structure for the proper granting of the benefits in kind of law 24,557 and its modifications, according to the conditions and requirements to establish the Job Risk Superintendence. Cash benefits shall be administered by means of a separate financial and economic management system corresponding to the provincial general accounts. The Provincial Public Self-Insurance shall be integrated into the system of records and establish for each dependency or establishment with critical risk, in accordance with what determines the Superintendence of Work Risks, an action plan specific. The provincial public self-insured will have identical obligations as the Occupational Risk Insurers and self-insured employers in terms of reports and integration to the National Register of Disabilities, as determined by the Superintendence of Work Risks. The public self-insurance of each province will be able to admit the incorporation of its municipalities, which will pass to integrate the Provincial Public Self Insurance of the respective province.

ARTICLE 6-Employers who opt for the Provincial Public Self-Insurance Scheme must: (a) Register in a register that will be created specifically for this purpose, the form and content of which will determine the Superintendence of Work Risks. b) To comply with the obligations and procedures that Law 24,557 and its modifications put in charge of the employers and the insurance companies of the work, in the terms that establishes the Superintendence of Risks of Work with the the exception of membership, the contribution to the Reserve Fund of Law 24,557 and its amendments and any other obligation incompatible with that regime.

ARTICLE 7 °-Failure by employers to opt for the Provincial Public Self-Insurance Scheme of the obligations under their responsibility shall be liable to the penalties provided for in Article 32 of Law 24,557 and its amendments, without prejudice to those provided for in Title XI, Chapter VII of the Criminal Code.

Article 8 °-It will be in charge of the Superintendence of Work Risks: a) Oversee and supervise the employers incorporated in the Provincial Public Self-Insurance in terms of the granting of the cash benefits and in kind linked to the (b) Setting up prevention programmes for employers incorporated into the Public Self Insurance

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Provincial.

ARTICLE 9 °-Incorporation as members of the Standing Advisory Committee established by Article 40 of Law 24,557 and its amendments, two (2) representatives of the jurisdictions that have opted for the Provincial Public Self-Insurance Scheme, the which will be integrated into the representation of the government sector.

TITLE III

Provisions of system orders on the risks of work

ARTICLE 10. -Substitute Article 7 ° of Law 24,557 by the following text: Article 7 °-Temporary Work Incapacity. 1. There is a situation of Temporary Work Incapacity (ILT) when the damage suffered by the worker temporarily prevents him from carrying out his usual tasks. 2. The situation of Temporary Work Incapacity (ILT) ceases by: a) High physician; b) Statement of Permanent Work Incapacity (ILP); c) Two (2) years from the first invalidating manifestation; d) Death of the survivor. 3. If the injured worker, within the period laid down in subparagraph (c) of the previous paragraph, has been reinstated to work and is again on the leave of absence due to the same accident or occupational disease, his employment status Temporaria (ILT) will continue up to the medical discharge, Permanent Work Incapacity declaration, if it corresponds, its death or until two (2) effective years of discharge, adding all the periods in which it would have been prevented from work.

ARTICLE 11. -Substitute Article 12 of Law 24,557 by the following text: Article 12: Basic income. As regards the calculation of the amount of compensation for permanent incapacity for work or death of the worker, the following criterion is applied: 1 °. For the purposes of calculating the value of the basic income, the monthly average of all the wages accrued-in accordance with the provisions of Article 1 of the ILO Convention No 95-shall be considered by the worker during the year preceding the first invalidating manifestation, or at the time of service provision if it were minor. The monthly salaries taken to establish the average will be updated month by month applying the variation of the RIPTE index (Average Taxable Remuneration of the Stable Workers). 2 °. From the date of the first invalidating event and up to the time of settlement of the compensation for the determination of the final incapacity for work, death of the worker or type-approval, the amount of the basic income shall be of interest equivalent to the average annual nominal general portfolio due to 30 (30) days of the Bank of the Argentine Nation. 3 °. From the payment of the payment of the compensation, it shall apply the provisions of Article 770 of the Civil and Commercial Code, accumulating the interest to the capital, and the production shall be an interest equal to the average of the active rate. Annual nominal general portfolio due to thirty (30) days of the Bank of the Argentine Nation, until the effective cancellation.

ARTICLE 12. -Article 27 (6) of Law 24,557, as follows: 6. The Occupational Risk Insurer may terminate an employer's membership contract in

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If the payment of two (2) monthly instalments, consecutive or alternated, or the accumulation of a total debt equivalent to two (2) shares, is verified, taking as a reference the highest value in the last year. The termination of the contract shall comply with the requirements, modalities and deadlines to be determined by the rules. From extinction, the employer shall be deemed to be uninsured and shall be in the position provided for in Article 28 (1) of this Act. Without prejudice to this, the insurer must grant benefits in kind, with the scope provided for in Chapter V of this law, for contingencies occurring within three (3) months after extinction due to non-payment. The insurer may repeat from the employer the cost of the benefits granted in accordance with the preceding paragraph.

ARTICLE 13. -Replace the text of Article 37 of Law 24,557 (replaced by Article 74 of Law 24,938) by the following: Article 37: Financing. The expenses of the supervisory and control entities shall be financed by the Occupational Risk Insurers, the provincial self-insured employers and the self-insured employers, as determined by those entities. In any event such contribution may not exceed: (a) In the case of Job Risk Insurers, the one shall eat four per cent (1.4%) of the total of the amounts received for membership contracts. b) In the case of self-insured public employers and self-insured employers, zero coma five per thousand (0.5%) of their average wage mass of the last six (6) months.

ARTICLE 14. -Replace the first paragraph of Article 46 of Law 24,557 by the following text: Article 46: Jurisdiction. 1. Once the requested body has been exhausted, the parties may request the review of the decision before the Central Medical Commission. The worker shall have the option of bringing an action against the provisions of the judicial medical commission before the ordinary courts of the labour force of the provincial jurisdiction or the Autonomous City of Buenos Aires as appropriate to the address of the court. of the medical commission that intervened. The decision of the Central Medical Commission shall be subject to direct action by either party, which shall be brought before the courts of a holding with labour jurisdiction or, if they do not exist, before the courts of instance. with the same jurisdiction, corresponding to the jurisdiction of the domicile of the judicial medical commission which intervened. The proceedings brought shall be in relation to and with suspensory effect, with the exception of the following cases, in which they shall have effect: (a) where the A.R.T. ' s appeal to the Central Medical Commission in the case provided for in the Article 6 (2) (c) of Law 24,557, replaced by Article 2 (2) of Decree 1278/2000; (b) where an appeal by the A.R.T. is made to the Central Medical Commission, in the event of a re-aggravation of the accident at work or of the disease professional. The action brought by the worker will attract the person who will eventually bring the risk insurer of the work to the Central Medical Commission and the judgment which will be handed down in the workplace will be binding on all parties. The decision-making decisions of the judicial or central medical committees which do not provide any grounds for appeal by the parties as well as the approval decisions shall be passed on to the authority of a res judicata administrative terms of Article 15 of Law 20,744 (t.o. 1976). The decisions of the respective judicial medical commission and the Central Medical Commission shall be notified to the parties and to the employer. For all cases, the provisions of Article 9 of Law 26,773 shall apply.

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All test measures produced in any instance will be free for the worker.

ARTICLE 15. -Substitute the fourth paragraph of Article 4 (2) of Law 26,773 by the following text: Judicial actions on the basis of other liability systems may only be initiated after receipt of the required notification in this case Article 5 (1) of the Treaty on the European Union and the Council of the European Union, of the European Parliament and of the Council of the European Parliament and of the Council of the European Union

ARTICLE 16. -Article 17a is incorporated into law 26,773, according to the following text: Article 17a: To terminate that only the additional compensation for single payment, incorporated in Article 11 of Law 24,557 and its amendments, and the minimum amounts In accordance with Decree 1694/09, the change in the RIPTE (Average Taxable Remuneration of Stable Workers) index must be increased from 1 January 2010 to the date of the first invalidating event of the the contingency considering the last biannual variation of the RIPTE in accordance with the methodology provided for in law 26,417.

ARTICLE 17. -It shall be provided that all the cash benefits and indemnities which are settled administratively or judicially shall be deposited in the "salary account" of the respective worker, established in accordance with the provisions of Law 26,590 and regulations and provided that it is available.

ARTICLE 18. -The health care costs incurred by the worker's social work and which are covered by Law 24,557 and its modifications shall be borne by the respective insurance undertaking of the work or self-insured employer. In addition, the benefits in kind provided by the insurance companies for the work and which are motivated by accidents or diseases not covered by Law 24,557 and their modifications, will be reintegrated by the respective social work of the worker. The Federal Administration of Public Revenue (AFIP), the Superintendence of Work Risks and the Superintendence of Health Services, will create a Special Commission that will dictate the regulatory norms to implement these reintegrals and establish a mandatory administrative procedure for the parties, in the event of a conflict, which should include penalties for defaulters. Establish that the medical care providers hired by the job risk managers must be registered in the registry of providers of the Superintendence of Health Services. The Superintendencies of Occupational Risks and Health Services shall establish the modalities and conditions for formalizing such registration.

ARTICLE 19. -The Superintendency of Work Risks shall refer to the Standing Advisory Committee established by Article 40 of Law 24,557 and within three (3) months of the term of the present, a preliminary draft law of protection and prevention of work, designed to ensure that the conditions and the working environment are in line with the best practices and international standards in the field of business and that these general principles are In particular, it is necessary to provide specific training for each activity, through collective labour agreements.

ARTICLE 20. -The modification provided for in Article 12 of Law 24,557 and its modifications, shall apply to contingencies whose first invalidating manifestation is later than the entry into force of this law.

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ARTICLE 21. -Article 8 (6) and Article 17 (6) of Law No 26,773 are repealed.

ARTICLE 22. -The provisions of the present are of public order.

ARTICLE 23. -The Executive Branch shall, within the period of six (6) months counted from the time of this law, draw up an ordered text of laws 24,557, 26,773 and present.

ARTICLE 24. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE FIFTEENTH DAY OF THE MONTH OF FEBRUARY OF THE YEAR TWO THOUSAND SEVENTEEN.

-REGISTERED UNDER NO 27348-

MARTA G. MICHELETTI. -EMILIO MONZO. -Eugenio Inchausti. -Juan Pedro Tunessi.

ANNEX I PROCEDURE BEFORE THE APPROVAL SERVICE IN THE FIELD OF MEDICAL COMMISSIONS JURISDICTIONAL ARTICLE 1 °-The approval authority, in the field of the medical commissions, shall be responsible for substantiating and approving the the agreements for permanent permanent employment and death, provided for in law 24,557 and its amendments, by means of the actions and with the intervention of the officials to determine the Superintendence of Risks to that effect of the Work. Article 2-The opinions of the medical commission which determine a percentage of permanent permanent incapacity for work or death due to occupational causes must be notified to the parties and to the employer. In the event of the notification provided for in the preceding paragraph, a hearing shall be given to a hearing before the approval service, which shall be chaired by a lawyer appointed for that purpose by the Superintendence of Risks. of the Work, the concurrency of the Insurance of the Work, of the worker or right-holders and/or their legal representatives being obligatory. In that hearing, the parties shall be informed of the amount of the compensation to be paid to the worker or his successors in accordance with the provisions of Law 24,557 and its amendments. If the type-approval service is to be measured in accordance with the procedure, it shall issue the relevant type-approval, leaving the worker or his or her rights under the option provided for in Article 4 (3) of the law. 26.773. In the event of disagreement between the parties with the percentage of incapacity determined, a record shall be drawn up and the recursive route provided for in Article 2 of this Law shall be issued. If the disconformity is in respect of the amount of the compensation, the parties may reach an agreement for a higher amount, which must be approved by the Type Approval Service and shall be issued, if not, the recursive route. provided for in Article 2 of this Law, and shall be recorded in the minutes which are opened for that purpose. Article 3-Where the parties, prior to the intervention of the judicial medical commission, have agreed to the amount of the compensation corresponding to the damage resulting from the

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occupational accident or occupational disease, the Occupational Safety Insurance Agency shall request the intervention of the Court of Justice in order to submit the proposal for a convention to the Type Approval Service. The approval service shall cite the parties and the employer, in order to ensure that the medical professionals which the Superintendence of Work Risks designates, verify the degree of incapacity contained in the proposal. The approval authority shall note that the degree of incapacity and the amount of the compensation granted are in accordance with the provisions of Law 24,557 and its provisions, and that the amount of the compensation granted is such as to changes. In such a case, the approval authority, after verifying the free issue of the consent by the worker or its successors, shall approve the proposal for a convention by means of the relevant act, giving the expression of the exercise on the part of the worker or his rights holders of the option provided for in Article 4 (2) of Law 26,773. In no case shall a proposal for a convention be approved which contains a minor repair amount to which it arises from the strict application of the regulations of Law 24,557 and its modifications. In the event of the disconformity of any party with the degree of incapacity verified by the Service, a record shall be worked out and the intervention of the Medical Commission shall be required in order for the processing of the determination of incapacity. Article 4 °-The acts of approval shall assume the authority of a res judicata administrative in the terms and with the scope of Article 15 of Law 20.744 (t.o. 1976). The cash benefits which are settled as a result of the type-approval must be made available to the worker or his successors in the five (5) days of notification of the act.

Date of publication: 24/02/2017

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