OCCUPATIONAL hazards Act 27348 complementary of the law on occupational hazards.
The Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanctioned with force of law: complementary of the law about risks of job title I of the medical committees article 1 - dispónelos is that the actions of the territorial medical committees created by article 51 of 24.241 law and its amendments, shall constitute the previous administrative instance of obligatory and exclusive character of any other intervention, so that the worker concerned with due legal sponsorship, apply for the determination of the professional nature of his illness or contingency, the determination of their inability and corresponding cash benefits provided for in the law of labour risks. Jurisdiction the jurisdiction Medical Commission corresponding to the domicile of the worker, to the place of effective delivery of services by the worker or, in their absence, the home where usually he is reported, at the option of the worker, and its resolution will exhaust the administrative instance. The workers bound by labor relations not registered with employers reached by what is established in the section first of article 28 of the law 24.557 are not obliged to comply with the provisions of this article and have expedited judicial. Professional fees that apply for legal sponsorship and other expenses incurred by the worker as a result of their participation in the medical commissions shall be borne by the respective aseguradora de riesgos del trabajo (A.R.T.).
Article 2 ° - once sold out the instance referred to in the preceding article the parties may request the revision of the resolution before the Central Medical Commission. The worker will have the option to appeal against the provisions of the Medical Commission jurisdiction to the ordinary court of the work jurisdiction of provincial jurisdiction or of the autonomous city of Buenos Aires, according to the domicile of the Medical Commission, which intervened. The decision of the Central Medical Commission will be susceptible direct appeal, by any of the parties, which must be brought in the courts of appeal with labour competency or absence of these courts of equal competition with single-instance, corresponding to the jurisdiction of the domicile of the jurisdictional Medical Commission who intervened.
((https://www.boletinoficial.gob.ar/pdf/linkQR/T25hUXc2QkJhdmxycmZ0RFhoUThyQT09 the appeals will proceed in relationship and with suspensive effect, except for the following cases, that it will proceed with devolutive effect: a) when any appeal of the insurance of risks of work at the Central Medical Commission in the case provided for in article 6 °, paragraph 2, point c) 24.557 law, replaced by article 2 of the Decree 1278 / 2000; (b) when mediate the occupational hazards insurance appeal with the Central Medical Commission in case of reagravamiento of the accident at work or of an occupational disease. The appeal lodged by the worker will attract that eventually the insurance of risks of work comes before the Central Medical Commission and the ruling given in the job instance will be binding for all parties. The decision issued by the jurisdictional medical committees or the Central Medical Commission which are not cause for recourse by the parties as well as grant resolutions, will be in administrative judicata under the terms of article 15 of the law 20.744 (t.o. 1976). Resolutions of the respective jurisdictional Medical Commission and the Central Medical Commission must be notified to the parties and to the employer. For all cases, will apply the provisions of article 9 of the Law 26.773. All the measures of test produced in any instance shall be free for the worker. In all cases the official medical experts involved in legal disputes that may arise in the framework of 24.557 law and its amendments must involve the forensic medical corps of the intervening jurisdiction or equivalent entity that replaces it and your fees will not be variable or will be linked to the amount of the respective judgement and its regulation will only respond to the work carried out in the lawsuit. If not there are professionals who integrate the forensic medical bodies in sufficient quantity to intervene with the speed which the judicial process requires it as medical experts, courts can enable mechanisms for registration of professional physicians who expressly accept the parameters of regulation of its professional fees as provided for in the preceding paragraph. The judicial processes that support within the framework of this title may not be subject to quota litis agreements.
Article 3 ° - create service certification in the field of jurisdictional medical commissions, which will have the functions and will operate according to the procedure laid down in annex I to the present. The Superintendence of occupational hazards will dictate the rules of the procedure of action before the jurisdictional medical commissions and the Central Medical Commission. The Medical Commission jurisdictional must be issued within sixty (60) days administrative, counted from the first presentation of completed and regulations shall establish the requirements for such purposes. This period will be extended by issues in fact related to the accreditation of the accident at work or of an occupational disease, duly informed. All deadlines will be peremptory and maturity will expeditiously the planned route in article 2 of this law. Unjustified delay which may be attributed to the respective jurisdictional Medical Commission will be incurring those responsible for serious misconduct.
Article 4 ° - invited to the provinces and the autonomous city of Buenos Aires to adhere to this title.
https://www.boletinoficial.gob.ar/pdf/linkQR/T25hUXc2QkJhdmxycmZ0RFhoUThyQT09 previously concerned accession, import the express delegation to administrative national jurisdiction of all the competencies necessary to give effect to that laid down in items 1 °, 2° and 3° of the present and paragraph 1 of article 46 of the law 24.557 and its amendments, as well as the proper adaptation, by States acceding provincial , of local legislation which is necessary.
Title II of Provincial public self-insurance
Article 5 ° - create the self-insurance public Provincial destined to the provinces and their municipalities and the autonomous city of Buenos Aires may works the risks of work defined in the law 24.557 and its amendments, with respect to the provincial and municipal public employment schemes, according to what established the Superintendency of occupational hazards. To access the self-insurance public Provincial, each jurisdiction should ensure the existence of one structure sufficient for the proper granting of benefits in kind of the 24.557 law and its amendments, according to the conditions and requirements established by the Superintendence of labour risks. Cash benefits should be managed through a system of economic and financial management separate which corresponds to the provincial general ledger. Self-insurance public Provincial must integrate into the system of records and establish for each unit or establishment with critical risk, in accordance with which determine the Superintendence of labour risks, a specific plan of action. The provincial public self-insured will have identical obligations to the occupational hazards insurance companies and self-insured employers regarding reporting and integration to the national disability register, as determined by the Superintendence of labour risks. Public self-insurance in each province may accept the incorporation of their municipalities, which will integrate the public Provincial self-insurance of the respective province.
(Article 6 ° - employers opting for self-insurance public Provincial regime must: to) entered in a register that is created specifically for this purpose, whose form and content determine the Superintendence of labour risks. (b) comply with the obligations and procedures 24.557 law and its amendments put in charge of employers and insurance of risks of work, in the terms to establish the Superintendence of labour risks except affiliation, the contribution to the Reserve Fund of the 24.557 law and its amendments and all other obligations incompatible with such a regime.
Article 7 - failure to honor employers who choose the regime of self-insured public Provincial obligations responsible, will be liable to the sanctions set out in article 32 of the law 24.557 and its amendments, without prejudice to those laid down in book 2 °, title XI, Chapter VII of the criminal code.
(Article 8 ° - will be responsible for the Superintendence of labour risks: to) monitor and supervise the employers included in the Provincial public self-insurance in the granting of cash benefits and in-kind related to occupational hazards system; (b) establish prevention programs for employers incorporated self-insurance retail https://www.boletinoficial.gob.ar/pdf/linkQR/T25hUXc2QkJhdmxycmZ0RFhoUThyQT09 Provincial.
Article 9 ° - joining as members of the Standing Advisory Committee created by article 40 of the 24.557 law and its amendments, two (2) representatives from jurisdictions that have opted for the regime of self-insured public Provincial, which will be integrated with the representation of the Government sector.
Title III provisions of regulations of article 10 occupational hazards system. -Replace article 7 of the law 24.557 with the following text: article 7 - temporary incapacity for work. 1 there is a situation of temporary work incapacity (ILT) when the damage suffered by the worker temporarily prevented from performing their usual tasks. 2 the situation of temporary work incapacity (ILT) ceases by: a) medical discharge; (b) Declaration of permanent work inability (ILP); (c) two (2) years from the first crippling manifestation throughout; (d) death of the victim. (3 If the affected worker, within the time limit referred to in subparagraph (c)) of the preceding paragraph, would have returned to work and back to be low by identical accident or occupational disease, their situation of temporary work incapacity (ILT) will continue until the medical discharge, Declaration of permanent incapacity, if applicable, its demise or complete two (2) years effective from low joining all of the periods in which had been prevented from working.
ARTICLE 11. -Replaced article 12 of law 24.557 by the following text: article 12: income base. Establish, with respect to the calculation of the amount of compensation for permanent incapacity or death of the worker, the application of the following criteria: 1 °. For the purposes of the calculation of the value of the income basis is considered the monthly average of all wages paid - in accordance with the provisions of article 1 of the Convention No. 95 of the ILO – by the employee during the year preceding the first manifestation of disabling, or at the time of provision of service if it was a minor. Monthly wages taken in order to establish the average will be updated every month applying the variation of the index RIPTE (pay taxable average the worker stable). 2 °. From the date of the first crippling demonstration and until the time of the liquidation of the determination of definitive incapacity for employment severance, death of worker or approval, the core income accrue an interest equivalent to the average active nonperforming general nominal annual thirty (30) days of the Bank of the Argentina nation. 3 °. From the arrears in the payment of compensation shall apply the provisions of article 770 of the Civil Code and commercial to accumulate capital interests, and produced accrue an interest equivalent to the average active nonperforming general nominal annual thirty (30) days of the Bank of the Argentina nation, until the effective cancellation.
ARTICLE 12. -Included as paragraph 6 of article 27 of the law 24.557 the following: 6. the insurance risks of labour may extinguish the contract of membership of an employer in https://www.boletinoficial.gob.ar/pdf/linkQR/T25hUXc2QkJhdmxycmZ0RFhoUThyQT09
case is verifying the non-payment of two (2) monthly, consecutive or alternate installments, or the accumulation of total debt equivalent to two (2) payments, taking as a reference the one of highest value in the last year. The extinction of the contract must adjust is to those requirements, modalities and deadlines that determine the regulation. From extinction, the employer shall be deemed not insured and will be in the situation envisaged in paragraph 1 of article 28 of this law. Notwithstanding this, the insurance company must grant benefits in kind, with the scope provided for in chapter V of this law, for the contingencies that occurred within three (3) months after the extinction for lack of payment. The insurer may repeat the employer's cost of granted benefits according to the provisions of the preceding paragraph.
ARTICLE 13. -Replace the text of article 37 of the Act (replaced by article 74 of the law 24.938) 24.557 by the following: article 37: financing. Authorities of supervision and control costs will be financed by the insurers of occupational hazards, the employer provincial public self-insured and self-insured employers, as determined by those entities. In any event such contribution shall exceed: a) in the case of the insurance for occupational risks, each eat four percent (1.4%) of the total of the amounts received by contracts of affiliation fees. (b) in the case of self-insured public employers, and self-insured employers, zero coma five per thousand (0, 5‰) of your average wage for the last six (6) months.
ARTICLE 14. -Replace the first paragraph of article 46 of the law 24.557 with the following text: article 46: jurisdiction. 1. once sold out the instance to the jurisdictional medical committees the parties may request the revision of the resolution to the Central Medical Commission. The worker will have the option to appeal against the provisions of the Medical Commission jurisdiction to the ordinary court of the work jurisdiction of provincial jurisdiction or of the autonomous city of Buenos Aires, according to the domicile of the Medical Commission, which intervened. The decision of the Central Medical Commission will be susceptible direct appeal, by any of the parties, which must be brought in the courts of appeal with labour competency or absence of these courts of equal competition with single-instance, corresponding to the jurisdiction of the domicile of the jurisdictional Medical Commission who intervened. The appeals come in relationship and with suspensive effect, except for the following cases, that it will proceed with devolutive effect: a) when any appeal of the A.R.T. at the Central Medical Commission in the case provided for in article 6 °, paragraph 2, point c) 24.557 law, replaced by article 2 of the Decree 1278 / 2000; (b) mediate the A.R.T. appeal with the Central Medical Commission, in case of reagravamiento of the accident at work or of an occupational disease. The appeal lodged by the worker will attract that eventually the insurance of risks of work comes before the Central Medical Commission and the ruling given in the job instance will be binding for all parties. The decision issued by the jurisdictional medical committees or the Central Medical Commission which are not cause for recourse by the parties as well as grant resolutions, will be in administrative judicata under the terms of article 15 of the law 20.744 (t.o. 1976). Resolutions of the respective jurisdictional Medical Commission and the Central Medical Commission must be notified to the parties and to the employer. For all cases, will apply the provisions of article 9 of the Law 26.773.
https://www.boletinoficial.gob.ar/pdf/linkQR/T25hUXc2QkJhdmxycmZ0RFhoUThyQT09 all test measures produced in any instance shall be free for the worker.
ARTICLE 15. -Replace the fourth subparagraph of article 4 of the Law 26.773 with the following text: legal actions based on other systems of liability only may be initiated once received irrefutable notification provided for in this article and exhausted administrative remedies through the resolution of the respective jurisdictional Medical Commission or when it has the expired legally established for your dictation.
ARTICLE 16. -Joining the Law 26.773 article 17 bis, according to the following text: article 17 bis: determined that only additional lump sum compensation, incorporated into article 11 24.557 law and its amendments, and the minimum amounts established in Decree 1694/09, you shall increase according to the variation of the index RIPTE (pay taxable average the worker stable) from January 1, 2010 and until the date of the first crippling demonstration contingency considering the last semiannual variation of the RIPTE in accordance with the methodology provided for in law 26.417.
ARTICLE 17. -Dispónelos is that all monetary benefits and compensations that are settled administrative or judicial, must be deposited in "salary account" of the respective worker, created in virtue of the provisions of the Law 26.590 and complementary legislation and whenever one is available.
ARTICLE 18. -They shall be borne by the respective insurance of risks of work or self-insured employer costs of medical care that incurred by the social work of the worker and resulting covered 24.557 Act and its amendments. Also, benefits in kind are provided by insurers of occupational hazards and resulting motivated in accidents or illness inculpables unreached by 24.557 law and its amendments, will be reinstated by the respective social work of the worker. The Federal Administration of public income (AFIP), the Superintendence of labour risks and the Superintendence of health services, will create a Special Committee that will issue regulations to implement those refunds and establish an administrative procedure obligatory for the parties, in the event of conflict, which should include penalties for the noncompliance. Establish that the care health providers physician hired by the managers of occupational hazards must be enrolled in the registry of the Superintendence of health services providers. The superintendencies of occupational hazards and health services shall establish the terms and conditions for such registration.
ARTICLE 19. -The Superintendence of labour risks should send to the Standing Advisory Committee created by article 40 24.557 law and within the period of three (3) months after the entry into force of the present, a draft law of protection and prevention work to ensure that the conditions and working environment are consistent with best practices and international in the matter within its competence and to allow that those principles generals are adjusted by a specific form for each activity, through collective labour agreements.
ARTICLE 20. -The change referred to article 12 of law 24.557 and its modifications, shall apply to contingencies whose first disabling manifestation is subsequent to the entry into force of this law.
https://www.boletinoficial.gob.ar/pdf/linkQR/T25hUXc2QkJhdmxycmZ0RFhoUThyQT09 article 21. -Repeal article 8 ° and 6° paragraph of article 17 of the Law 26.773.
ARTICLE 22. -The provisions of the present are of order public.
ARTICLE 23. -The Executive branch shall, within a period of six (6) months from the entry into force of this Act, produce a tidy text 24.557, 26.773 laws and the present.
ARTICLE 24. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, ON THE FIFTEENTH DAY OF THE MONTH OF FEBRUARY TWO THOUSAND AND SEVENTEEN YEAR.
-REGISTERED UNDER NO. 27348 - MARTA G. MICHETTI. -EMILIO MONZO. -Eugenio Inchausti. -Juan Pedro Tunessi.
Annex I procedure before the service of approval in the field of the commissions medical jurisdictional article 1 - the service's approval, in the field of jurisdictional medical commissions, will be responsible for substantiated and approved agreements by definitive permanent labour disability and death, planned in 24.557 law and its amendments, through actions and intervention of officials that for that purpose determine the Superintendence of labour risks. Article 2 - the opinions of the Court Medical Commission that determine a percentage of final permanent incapacity or death due to occupational causes, shall be notified to the parties and to the employer. On the occasion of the notification referred to in the previous paragraph, will quote them to a hearing to be held before the approval, which will be chaired by a legal officer designated for that purpose by the Superintendence of labour risks, being mandatory the concurrence of the insurance of risks of labour, worker or successors in title and/or their legal representatives. In such a hearing the parties informed about the amount of compensation that suits you to perceive the worker or their dependants according to 24.557 law and its amendments. If event pursuant to the proceedings, approval service, will issue the relevant approval Act, leaving express constancy of the exercise by the worker or his successors in title of the option provided for in article 4 of the Law 26.773. In the event of non-conformity of a party with the percentage of disability given, an act leaving point this worked and will be expedited via recursive envisaged in article 2 of this law. If the disagreement regarding the amount of compensation, parties can arrive at an agreement by a greater amount, which must be approved by the certification service being expedient, if not, the recursive via foreseen in article 2 of this law, leaving hereby stated in the minutes that is style to do so. Article 3 - for the case in which the parties, prior to the intervention of the Court Medical Commission, have agreed the amount of compensation for the damage resulting from the https://www.boletinoficial.gob.ar/pdf/linkQR/T25hUXc2QkJhdmxycmZ0RFhoUThyQT09
accident at work or occupational disease, the insurance of occupational hazards must request the intervention of the Court Medical Commission, in order to submit the proposed agreement before the approval. Certification service will be mentioned to the parties and to the employer, so that medical professionals designated by the Superintendence of labour risks for this purpose, check the degree of disability contained in the proposal. Fulfilled so far and with the respective report of the health care practitioner, the approval service reveal that the degree of disability and the amount of the compensation agreed match 24.557 law regulations and its amendments. In such a case, the approval service, then note the free issuance of consent by the worker or his successors in title, approved the proposed agreement by the relevant Act, leaving hereby stated the exercise by the worker or his successors in title of the option provided for in article 4 of the Law 26.773. In no case is approved a proposal of agreement containing an amount of cash service less than arising from the strict application of rules of law 24.557 and its amendments. In the event of non-conformity of a party with the degree of disability, verified by the service, an act leaving point this worked and will require the intervention of the Medical Commission that will substantiate the disability determination process. Article 4 - acts of approval will assume administrative judicata in the terms and with the scope of article 15 of the law 20.744 (t.o. 1976). Monetary benefits which are settled as a result of the approval must be made available of the worker or his successors in title within five (5) days of notified the Act.
Publication date: 02-24-2017 https://www.boletinoficial.gob.ar/pdf/linkQR/T25hUXc2QkJhdmxycmZ0RFhoUThyQT09