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PROPOSED LAW NO. 283 /X/4.

The Decree-Law No. 441/91 of November 14 ensured the transposition to the order

legal internal to the Council Directive No 89 /391/CEE of June 12 on the application

of measures to promote the improvement of the safety and health of workers

at work.

Thus, for more than a decade this legal device has regulated the set of standards

key relative to safety and health at work.

Subsequently, with a view to the simplification of the legislation and having on the basis of ideals of

systematization and codification of labour law, the Laws n. 99/2003, of August 27 and

35/2004, of July 29, came to integrate some of the provisions contained in that diploma

of national framework for safety and health of the work. However, they did not

totally, originating, therefore, some difficulties in interpreting and applying the

defined legal mechanisms.

The present proposed law aims to promote the unification of the key subjects of security and

health at work and center your ratio frame on the following guiding lines:

 Necessity to promote the key objectives of the National Strategy for Security

and Health at Work 2008-2012, approved by the Resolution of the Council of Ministers

n ° 59/2008 of April 1, notably the improvement of the coordination of services

public who exercise competencies in the field of occupational safety and health; the

improvement and simplification of the specific safety and health standards in the

work and the improvement of the quality of the provision of the safety and health service in the

work, through the increment of the skills of the respective actors;

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 Necessity to give practical expression to the measures set out in the Tripartial Agreement to

a New System of Laboratory Relations Regulation, Employment Policies and the

Social Protection in Portugal, celebrated in July 2008, which provides in the context of the

simplification and de-bureaucratization of the relationships between workers, employers and the

Administration, the adoption of mechanisms for the simplification of the authorization process

of external safety and health services at work and the provision of

forms online to realize much of the communications that the regime of

safety and health at work contemplates;

 Finally, the Labor Code, in its current version adopted by Law No. 7/2009,

of February 12, enshrines only the fundamental norms of the security regime and

of health at work, of accidents at work and occupational diseases, determining,

so, the need to carry out their regulation in a specific degree,

specifically with respect to the regime of the protection of genetic heritage, up to

here provided for in Articles 41 to 65 of Law No 35/2004 of July 29.

It should be mentioned that the specific regulation that it ora approves of does not intend to introduce

a profound change to the legal regime currently beholdant, but so only materialize the

political orientation enshrined in the instruments previously referenced, taking advantage of

to correct situations that have revealed themselves to be unadjusted in their practical application.

In this way, the main amendment that the proposed law contemplates relates to the

introduction of new rules in the authorization procedure of the entity making of

external service of safety and health at work.

Thus, in that scope, in Section IV, under the epiggraft external service, of Chapter VI under the

epitome Health and occupational health service, of the diploma highlight the following

innovatory aspects:

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 Autonomization of processes, as it deals with authorization for the exercise

of the activities of safety or health at work. In this way, the Authority

for the Conditions of the Work drives and decides the processes concerning the area of the

security and the Directorate General of Health directs and decides the processes concerning the area

of health;

 The authorisation for the exercise of activity in the areas of safety and health,

cumulatively, it is also granted autonomously by each of the

organisms referred to, thus giving place to two authorization dispatches

referring to distinct areas, with different dates and eventually with senses

different, so the entity may become authorised to laboratory in an area before the

other or be authorized only for one of these areas. Notwithstanding the autonomy

intended, the competent body to instruct the procedure, shall communicate to the

another, monthly, the applications for authorization received;

 The competence to provide the order for authorization of the exercise of the activities

passes to be committed to the maximum representative of the competent body;

 Introduction of the figure "urgent survey" that corresponds to a Celere instrument

use by the entities considering to gather all the requirements required for

obtain the authorisation;

 Definition of a transitional regime for the entities that meet

requests for authorization in analysis prior to the entry into force of this Law, in the

which one stipulates that the same should require the marking of a survey to the

competent body, within 30 days. The lack of the application for survey

determines the filing of the process;

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 Creation of mechanisms that enable effective quality control of the provision

of the services-obligation of results-, through the introduction of a correct

framework of the verification tools: audits and monitoring of the

activity;

 Requirement of payment of fees at the time prior to the beginning of the appreciation and

of the instruction of the process and prior to the realization of the surveys, the non

payment of the fees gives way to the extinction of the application for authorization;

 Passes to consider itself jointly responsible for the payment of the fine the

employer who hire the service of an unauthorized entity.

A further innovative aspect of this proposed law is introduced in Chapter V, in the

sections I and II, which consists of a new approach in the regulation of protection of the

genetic heritage, from which the following characteristics are highlighted:

 The delimitation of the subject matter of the regulation of the protection of genetic heritage

does not take place upon remission to a closed list of aggressor agents

upgradeable by portaria, pore that legislative technique is no more than used

from the approach proposed by Directive No 89 to /391/CEE, by way of being done

by the global definition of causal agents, specifically chemical agents, physicists,

biological and psychosocial and the characterization of unwanted effects on heritage

genetic, accompanied by an exemplificative and non-exhaustive list;

 The proposed regulation is not done by collating texts extracted from the

preexisting regulation on protection against chemical agents,

carcinogenic and biological, in so far as the subject matter of the regulation exceeds

of these agents;

 However, the present proposal of law presupposes the existence of that and another

regulation on minimum safety and health requirements at work that

is mobilizable in accordance with the typology of aggressor agent;

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 In that measure, the regulation of this matter does not carry out the transposition of

any diploma in secondary Community law, by being situated in a particular

greater demand of the national law as to the adverse effects that may be

imputed to the ability of male and female reproduction;

 The exemplificative list of aggressor agents to the genetic heritage should be

drawn up by a process of selecting those that knowledge

scientific has already determined, without margin for doubt, by the existence of a nexus

causal between cause and effect;

 The aspects concerning the necessary prevention and protection activities are

treated by remission to the remaining standards dealing with the same agents

chemists, physicists, biological, carcinogenic and psychosocial, deserving a

specific approach in three strands: i) the "risk assessment" to accentuate the

need for a specific identification treatment of agents and persons

exposed ; ii) the "information" so that social actors can be aware

of the dangers they face in this scope and iii) the "health surveillance" by the role

preventative and follow-up that plays in this particular field of

intervention.

Further, other, innovative aspects that the present proposed law enshrines are:

 Resume, in terms of content and systematization, some of the definitions

key contained in the transposition of Directive No 89 /391/CEE, Directive-

framework on safety and health at work, which have been omitted or not

properly developed in Law No. 99/2003 of August 27 and Law No 35/2004,

of July 29;

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 Sistematiza and clarifies an essential aspect of the prevention of occupational hazards and

of the respective management system at the level of the companies and establishments: the

general principles of prevention, strategic and methodological referential from the

which and, with observance of their definitions, the measures to be materialized shall be materialized

adopt to prevent the health and physical integrity of workers;

 Defines and clarifies the concept of the national risk prevention system

professionals and explain their key role in the context of development

of safety and health policies at work, as well as its elements

integrators;

 Highlights the importance of normatives and technical guidelines emanating from the

International Labour Organization and World Health Organization, to which the

our country finds itself obliged, by virtue of the commitments made, in

special with regard to the safety and health management systems at work;

 Defines the nuclear context of the development of the activities of the service of

safety and health at work, restricting the possibility of the entities

to provide service simultaneously in different modalities of organizing the

service;

 Explains technical activities in the field of safety and health at work,

associating their implementation with compulsory demonstration of skills

appropriate to the respective exercise;

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 Introduces essential accuracies in the field of general employers ' obligations and

workers, relating them directly to the hierarchy of principles of

prevention of occupational hazards, essential matrix for a correct application

of these;

 Introduces conceptual simplifications as to the arrangements for organizing the

safety and health service, by providing for equiparation of internal service of the

situations in which the entities are organized in group relation;

 Within the framework of this scheme, it clarifies the issue concerning the activity of fisheries and the

use of the term companion fishing regime, which appeared to

ambiguous interpretation, replacing it, according to the definitions of the Union

European, by fishing in vessels with length up to 15 metres not

belonging to the fishing fleet or equivalent employer;

 Normalizes the procedures regarding the destination to be given to the clinical data sheets, in cases

of cessation of the activity of the entities;

 At the level of the counter-ordinance regime and the similarity of the legislative option

adopted in the new Labour Code, goes on to associate with the frame against-

Ordinance to each of the normative provisions.

 Recognizing that the Council Directive No 89 /391/CEE of June 12, aims to

indistinctly private-sector workers and public sector workers,

and in the light of the central simplification and unification challenges that have presided over the

drafting of this Law, it was understood that this would be the moment and the diploma

privileged to express in an express manner its application to the workers in

public functions, in the part that is pertinently perfected or add to the scheme

provided for in Law No. 59/2008 of September 11. The scheme of the employment contract

in public functions retains, by this, subsidiary applicability. Beyond the

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rules and principles that continue to fully consign to the thematic of security and

of health at work, comes this proposed law to benefit you in certain subjects:

general principles and system for prevention of occupational hazards; identification of

all risk factors; communication of the admission of contract workers

the right term; not relevance, for the purposes of hours credits, of meetings with

the management bodies of the company; training of the employees ' representatives;

protection of genetic heritage; activities prohibited or conditioned to

pregnant workers, puerpeas or lactating; validation of the appropriate training

by the National System of Qualifications; criteria for the creation or dispensation of

internal services; types of external services; list of incidents; technical activities

and minimum guarantee of operation, within the scope of health services at work;

working nurse, minimum health guarantee and clinical fact sheet list of

incidents; technical activities and minimum operating guarantee.

Consultations have been promoted to the Autonomous Regions of the Azores and Madeira, to the Commission

National Data Protection, to the National Association of Portuguese Municipalities and to

National Association of Portuguese Freguesias and, upon public discussion to be held in the

Assembly of the Republic, all necessary procedures must be ensured to

guarantee of the participation of the representative structures of employees and employers,

in accordance with the provisions of Articles 470 and 472 of the Labour Code.

The social partners with a seat on the Standing Committee were still heard.

Social Concertation.

It should be noted, finally, that the major changes made by the present proposal to

law were presented at the headquarters of the National Council of Hygiene and Security of the

Work.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

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CHAPTER I

General provisions

SECTION I

Object, scope and concepts

Article 1.

Subject

1-A This Law regulates the legal regime for the prevention of safety and health in the

work, in accordance with the one provided for in Article 284 of the Labour Code, as regards

to prevention.

2-The present law regulates as yet:

a) The protection of pregnant worker, puerpera or lactating in case of activities

likely to present specific risk of exposure to agents, processes or

working conditions, in accordance with that provided for in Article 62 (6) of the

Code of Labour;

b) The protection of minor in the event of works which, by their nature or by the

conditions in which they are provided, are detrimental to their development

physical, psychic and moral, in accordance with the one provided for in Article 72 (6) of the

Code of Work.

Article 2.

Transposition of Community Directives

1-A This Law transposes to the internal legal order the Directive No 89 /391/CEE, of the

Council, of June 12, 1989 on the implementation of measures to promote the

improvement of the safety and health of workers at work, as amended by Directive No

2007 /30/CE, of the Council, of June 20.

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2-A This Act also complements the transposition of the following Community Directives:

a) Council Directive No 91 /383/CEE of June 25, 1991, which completes the

implementation of measures aimed at promoting the improvement of safety and health of the

workers who have a working relationship to term or a working relationship

temporary;

b) Council Directive No 92 /85/CEE of October 19, 1992 on the

implementation of measures aimed at promoting the improvement of safety and

health of pregnant workers, puerpeas or lactating at work;

c) Council Directive No 94 /33/CE of June 22, 1994 on protection

of young people at work;

d) With respect to the protection of genetic heritage, the directives containing

minimum safety and health requirements at work against agents

chemical, physical and biological, specifically the Directive No 90 /394/CEE, of the

Council of June 28 on the protection of workers from the risks

linked to exposure to carcinogens during the work, amended by the

Council Directive 97 /42/CE of the Council of June 27 and by Directive n

1999 /38/CE, of the Council of April 29, Directive No 90 /679/CEE, of the

Council of November 26 on the protection of workers against the

risks linked to exposure to biological agents during the work, amended by the

Directive No. 93 /88/CEE, of the Council, of October 12 and Directive n

98 /24/CE of the Council of April 7 on the protection of security and the

health of workers against the risks linked to exposure to chemical agents in the

work.

Article 3.

Scope

1-A This Law applies to:

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a) To all branches of activity, in the private or cooperative and social sectors;

b) To the public sector, without prejudice to the provisions of Article 4º;

c) To the employee on account of others and their employer, including the persons

not-for-profit private law collective;

d) To the independent worker.

2-In cases of family farms, of the exercise of fishing activity in

boats with length up to 15 metres, not belonging to the fishing fleet of

shipowner or equivalent employer and the activity developed by craftsmen in

own facilities, the scheme established for the self-employed worker applies.

3-The principles set out in this Law shall apply to the domestic service, where

show if they show compatible with their specificity.

Article 4.

Application to employees in public functions

1-Without prejudice to the subsidiary application of Law No 59/2008 of September 11 to the

workers who carry out duties in the services of direct, indirect administration,

regional and local, as well as in the organs and services referred to in Article 3 (3) of the Law n.

12-A/2008, of February 27, the following subjects of this Law apply:

a) General principles and system for the prevention of occupational risks;

b) Identification of all risk factors;

c) Communication of the admission of contract workers to the right term;

d) Non-relevance, for the purposes of hours credits, of meetings with the organs of

management of the company;

e) Training of the representatives of the employees;

f) Protection of genetic heritage;

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g) Activities prohibited or conditioned to pregnant female workers, puerpeas or

lactating;

h) Validation of the appropriate training by the National Qualifications System;

i) Criteria for the creation or dispensation of internal services;

j) Types of external services;

l) List of incidents;

m) Within the scope of safety services at work, technical activities and guarantee

minimum of operation;

n) Within the framework of health services at work, work nurse, guarantee

minimum of operation and clinical fact sheet.

2-A This Law shall not apply to activities of the Public Administration whose exercise is

conditioned by safety or emergency criteria, particularly of the Forces

Armed or police, as well as the specific activities of the civil protection services,

without prejudice to the adoption of measures aimed at ensuring the safety and health of the

respective workers.

3-The services referred to in paragraph 1 shall be equated, for the purposes of defining the values of the

coimas, the company with turnover equal to or greater than € 10000000.

4-Leaders are responsible disciplined for the non-compliance of standards

legal on safety and health at work.

5-A practice by the leader of very serious counterordinance or recidivism in countering-

serious ordination, with dolo or gross negligence, may constitute cause of destitution

judicial of the same.

6-A The application of the counterordinational regime to the services referred to in paragraph 1 produces

effects as of January 1, 2011.

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Article 5.

Concepts

For the purposes of this Law shall be understood by:

a) "Worker" means the natural person who, upon retribution, obliges himself to provide a

service to an employer, and well the thyrocinante, the trainee and the apprentice that

be in the economic dependence of the employer on the reason of the means of work and

of the result of its activity;

b) "Independent Worker" means the natural person who carries an activity on account of

own;

c) "Employer" means the natural or legal person with one or more employees at his / her

service and responsible for the company or establishment or, when it comes to

not-for-profit bodies, which detains competence for the hiring of

workers;

d) "Representative of workers", the worker elected to perform duties of

representation of workers in the fields of occupational safety and health;

e) "Place of work", the place in which the worker is located or from where or to

where you should direct yourself by virtue of your work, in which you are directly or

indirectly subject to the control of the employer;

f) "Material components of the work", the place of work, the working environment,

the tools, machines, equipment and materials, the substances and agents

chemical, physical and biological, the work processes and the organisation of the work;

g) "Danger" the intrinsic property of an installation, activity, equipment, an

agent or other material component of the work with potential to cause

damage;

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h) "Risk" the probability of the delivery of the damage in function of the conditions of

use, exposure or interaction of the material component of the work that

present danger.

i) "Prevention", the set of public policies and programmes, as well as provisions

or measures taken or provided for in the licensing and at all stages of

activity of the company, the establishment or the service, which in an integrated manner,

they have in view to avoid, eliminate or decrease the occupational risks to which they are

potentially exposed the workers.

SECTION II

General principles and system for prevention of occupational hazards

Article 6.

General principles

1-The worker is entitled to the provision of work in conditions respecting his / her

safety and your health, assured by the employer or, in the situations identified in the law,

by the person, individual or collective, who detains the management of the premises in which the

activity is developed.

2-It must be ensured that economic development promotes the humanization of the

work in conditions of safety and health.

3-A The prevention of occupational risks must be based on a correct and permanent

risk assessment and be developed second principles, policies, standards and programs

which aim at, inter alia:

a) The design and implementation of the national strategy for safety and health in the

work;

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b) The definition of the technical conditions to which they must obey the design, the

manufacturing, the import, the sale, the yielding, the installation, the organization, the

use and processing of the material components of the work as a function of the

nature and the degree of the risks, as well as the obligations of the people by such

responsible;

c) The determination of substances, agents or processes that should be prohibited,

limited or subject to authorization or the control of the competent authority, well

as the definition of limit values of exposure of the worker to chemical agents,

physical and biological and the technical standards for sampling, measurement and evaluation

of results;

d) The promotion and surveillance of the health of the worker;

e) The increment of technical and scientific research applied in the field of

safety and health at work, in particular with regard to the emergence of

new risk factors;

f) Education, training and information for the promotion of improvement of safety

and health at work;

g) Raising awareness of society, in a way to create a true culture of

prevention;

h) The efficiency of the public inspection system for compliance with the relative legislation

to safety and health at work.

4-The development of policies and programmes and the implementation of measures to which the

previous paragraph shall be supported by a coordination of the means available, by the

evaluation of the results as to the decrease in occupational risks and damage to the

worker's health and the mobilization of the agents of which it is dependent on its implementation,

particularly the employer, the worker and their representatives.

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Article 7.

National system for prevention of occupational hazards

1-The national occupational risk prevention system aims at the efectiveness of the right to

safety and health at work, by way of safeguarding the coherence of the measures and the

effectiveness of intervention of public, private or cooperative entities that exercise,

in that scope, competences in the areas of regulation, licensing, certification,

standardization, research, training, information, consultation and participation, services

health prevention and surveillance technicians and inspection.

2-The State should promote the development of a national network for the prevention of

professional risks, in the areas of performance referred to in the preceding paragraph, consisting of

own services.

3-The State may, still, support and enter into agreements with private entities or

cooperatives with a technical capacity for the realization of actions in the field of security and

health at work.

4-In the fields of safety and health at work, cooperation should be developed

between the State and the representative organisations of employees and employers and, to the

level of the company, establishment or service, between the employer and the representatives of the

workers and these.

Article 8.

Definition of policies, coordination and evaluation of results

1-Ministries responsible for the labour area and the area of health propose the definition

of the policy for promotion and surveillance of occupational safety and health.

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2-The proposals referred to in the preceding paragraph shall seek to develop the

complementarities and interdependencies between the domains of safety and health in the

work and the Social Security System, the National Health Service, the protection of the

environment and the Portuguese Quality of Quality System (SPQ).

3-Public services with competence for licensing, certification or other

authorization for the exercise of an activity or the allocation of a good to such an exercise

shall exercise their competence in such a way as to promote safety and health at work.

4-A The coordination of the implementation of policy measures and evaluation of results,

particularly pertaining to the inspective activity, it is up to the competent bodies of the

ministry responsible for the labour area.

5-The policy measures adopted and the evaluation of the results of these and the action

inspective developed in safety and health at work, as well as the

statistical information on accidents at work and occupational diseases, must be

object of annual publication and appropriate disclosure.

6-For the purposes of the preceding paragraph, the statistical information shall allow for the characterization

of accidents and occupational diseases, so as to contribute to the studies

epidemiological, enable the adoption of appropriate methodologies and criteria to

design of national and sectoral prevention programmes and measures and the

periodic control of the obtained results.

Article 9.

Consultation and participation

1-In the promotion and evaluation, at the national level, of policy measures in the field of

safety and health at work must be ensured consultation and participation of the

more representative organisations of employers and employees.

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2-For the purposes of the provisions of the preceding paragraph, the employers ' organisations and

workers with a seat on the Standing Committee on Social Concertation (CPCS) must

integrate:

a) The National Council of Hygiene and Safety at Work (CNHST);

b) The Advisory Council for the Promotion of Safety and Health at Work of the

Authority for the Conditions of Work.

Article 10.

Education, training and information for safety and health at work

1-The State should continue the integration of content on safety and health in the

work in the school curricula of the various levels of education, with a view to a culture of

prevention in the general framework of the education system and the prevention of occupational risks

as preparation for active living.

2-The State promotes the integration of content on safety and health at work

in the actions of vocational education and training, so as to enable the acquisition of

knowledge and habits of prevention of accidents at work and occupational diseases.

3-The State promotes trainings and information aimed at employers and

workers, as well as public information and enlightenment actions in the subjects of the

safety and health at work.

Article 11.

Research and specialized training

1-The State shall ensure conditions that promote knowledge and research in the

area of safety and health at work.

2-The fomenting, by the state, of research in the area of occupational safety and health

should be guided, in particular, by the following vectors:

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a) Support for the creation of research structures and the post-graduate training of

specialists and researchers;

b) Collaboration between the various national structures concerned;

c) Dissemination of scientific and technical information that contributes to the advancement of the

knowledge and progress of research;

d) Encouragement of national participation in international programmes;

e) Encouragement of the study of good practices in organisation systems and

operation of the prevention activities.

3-The fostering of research, experimental development and demonstration must

guide predominantly towards the improvement of the prevention of occupational risks and

protection of the health of the worker.

Article 12.

Normalization

1-The technical standards and specifications in the area of safety and health at work

relating, inter alia, to methodologies and procedures, to sampling criteria, to

certification of products and equipment are approved in the framework of the SPQ.

2-The practical guidelines developed by the International Labour Organization and

World Health Organization, as well as national technical standards and specifications

referred to in the preceding paragraph shall be taken into account in the procedures and

measures adopted in compliance with the legislation on safety and health of the work,

as well as in the production of goods and work equipment.

Article 13.

Licensing and laboration authorization

The legislation on licensing and laboring authorisation contains the specifications

appropriate to the prevention of occupational risks and the protection of health.

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Article 14.

Safety of machinery and work equipment

1-Within the scope of the prevention and safety of equipment shall all the natural person

or collective that fabrie machines, appliances, tools, installations and other

equipment for professional use to carry out the investigations and operations

necessary for that, in the design phase and during manufacturing, to be, to the extent of the

possible, eliminated or reduced to the minimum any risks that such products may

present for health or for the safety of people and guarantee, by certification

appropriate, prior to the launch on the market, compliance with the requirements of

applicable security and health.

2-All natural or legal person importing, selling, leasing, ceding to any title

or put on display machines, appliances, tools or facilities for use

professional must:

a) Proceed or have the necessary tests and controls to be carried out for

ensure that the construction and the state of such work equipment are of

form not to present risks to the safety and health of workers, since

that the use of such equipment is done correctly and for the purpose of which

are intended, save when the said equipment is properly

certificates;

b) Take the necessary measures for the machines, apparatus, tools

or to the facilities for professional use are attached instructions, in

portuguese, as to the assembly, use, conservation and repair of the

same, in which it is specified, in particular, how to proceed the

workers tasked with these tasks, so as to prevent risks to their

safety and its health and other people.

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3-All natural or legal person carrying out the assembly, the placement, the repair

or the adaptation of machines, apparatus, tools or facilities for use

professional shall ensure, as far as possible, that, as a result of those operations,

such equipment does not present any risk to the safety and health of the people, provided that

your use is carried out correctly.

4-The machines, appliances, tools and facilities for professional use

may only be provided or put into service as long as they contain the marking of

safety, the name and address of the manufacturer or importer, as well as other

information that allows to clearly identify the same and prevent the risks in your

use.

5-In the cases of fairs, demonstrations and exhibitions, when the machines, apparatus,

tools and facilities for professional use if they find themselves without the normal

safety protections, should be indicated, in a very conspicuous manner, the precautions of

safety, as well as the impossibility of acquiring these equipment as if

find presented.

6-The competent authorities shall, periodically, disclose the specifications to

respect in the area of safety at work, so as to ensure a prevention of

design and facilitate the respective administrative procedures.

Article 15.

Surveillance and surveys

1-The body with the inspective competence of the ministry responsible for the labour area

monitors compliance with the legislation on safety and health at work and applies

the sanctions corresponding to their default, without prejudice to competences

specific to other entities.

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2-Compete still to the body referred to in the preceding paragraph the achievement of

enquiry in the case of a deadly work accident or that evidenced a situation

particularly severe.

3-In cases of occupational disease or other damage to health occurred during the

work or with it related, the competent body of the ministry responsible for

area of health, through the health authorities, and the competent body of the ministry

responsible for the area of social security can, equally, promote the achievement of the

survey.

4-Workers ' representatives may submit their comments to the

body with the inspective competence of the ministry responsible for the labour area or the

another competent authority, on the occasion of a visit or supervision to the company or

establishment.

5-Workers ' representatives may, as yet, request the intervention of the

body with the inspective competence of the ministry responsible for the labour area

whenever they check that the measures adopted and the means provided by the employer

are insufficient to ensure safety and health at work.

CHAPTER II

General obligations of the employer and the employee

Article 16.

General obligations of the employer

1-The employer must assure the employee of safety and health conditions in

all aspects of your work.

2-The employer shall ensure, in a continuing and permanent manner, by the exercise of the

activity in conditions of safety and health for the employee, taking into account the

following general principles of prevention:

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a) Identification of the foreseeable risks in all activities of the company,

establishment or service, in the design or construction of premises, of premises and

work processes, as well as in the selection of equipment, substances and

products, with a view to the elimination of the same or, when this is unviable, to

reduction of its effects;

b) Integration of risk assessment for the safety and health of the worker in the

set of the activities of the company, establishment or service, and shall adopt

the appropriate protective measures;

c) Combating risks at the origin, in order to eliminate or reduce exposure and

increase the levels of protection;

d) Verification that exposures to chemical, physical, biological risk factors

and psychosocial in the workplaces do not constitute risk to safety and

health of the worker;

e) Adaptation of the work to man, especially with regard to the design of the

jobs, the choice of work equipment and the methods of

work and production, with a view to, inter alia, mitigating monotonous work and the

repetitive work and reduce psychosocial risks;

f) Adaptation to the state of evolution of the technique, as well as to new forms of

organization of the work;

g) Replacement of what is dangerous by what is danger-free or less dangerous;

h) Prioritization of collective protection measures in relation to protective measures

individual;

i) Elaboration and dissemination of comprehensible and appropriate instructions to the activity

developed by the worker.

24

3-Without prejudice to the other obligations of the employer, the measures for prevention

implemented must be antecedents and correspond to the outcome of the assessments of the

risks associated with the various stages of the productive process, including the activities

preparative, maintenance and repair, so as to obtain as a result effective levels

of protection of the safety and health of the worker.

4-Whenever entrusted tasks to a worker, they must be considered as their

knowledge and their skills in occupational safety and health, cabling

to the employer to provide the necessary information and training to the development of the

activity in conditions of safety and health.

5-Where it is necessary to access high risk areas, the employer must allow

access only to the worker with appropriate fitness and training, for the minimum time

necessary and in the conditions indispensable to the protection of your safety and health.

6-The employer shall adopt measures and give instructions that allow the employee, in

case of serious and imminent danger that cannot be technically avoided, cease its

activity or move away immediately from the workplace, without it being able to resume the

activity as long as this danger persists, save in exceptional cases and provided that

ensured adequate protection.

7-The employer must take into account, in the organisation of the means of prevention, not only the

worker, as also third parties likely to be covered by the risks of the

realization of the works, either on the premises or abroad.

8-The employer shall ensure the health surveillance of the employee in the light of the risks

to which it is potentially exposed in the workplace.

25

9-The employer must establish in the matter of first aid, combat a

fires and evacuation, the measures that must be adopted and the identification of the

workers responsible for their application, as well as ensuring contacts

necessary with the competent external entities to carry out those operations and those of

medical emergency.

10-In the implementation of the prevention measures, the employer must arrange the services

suitable, internal or external to the company, establishment or service, mobilizing the

necessary means, particularly in the areas of the technical prevention activities, of the

training and information, as well as the protective equipment that becomes necessary

use.

11-The legal or conventional safety and health requirements at work

established to be applied in the company, establishment or service must be

observed by the employer itself.

12-Employer supports the charges with the organization and the operation of the service

of safety and health at work and too much prevention measures, including examinations,

evaluations of exhibitions, tests and other actions of the occupational risks and surveillance of the

health, without imposing on workers any financial burdens.

13-For the purposes of the provisions of this Article, and safeguarding the appropriate adaptations, the

independent worker is equated with the employer.

14-Constitute counter-ordinance very serious violation of the provisions of paragraphs 1 a to 12.

26

Article 17.

Concurrent or successive activities in the same workplace

1-When various companies, establishments or services develop, simultaneously,

activities with their employees in the same workplace, they owe the respective

employers, taking into account the nature of the activities that each develops,

cooperate in the direction of protection of safety and health.

2-Notwithstanding the responsibility of each employer, they must ensure safety and

health, as to all the employees referred to in the previous number, the following

entities:

a) The user company, in the case of workers in temporary working arrangements;

b) The transferee company, in the case of workers in the occasional ceding scheme;

c) The company in whose premises other workers provide service as

employees on their own, independent or under contract of

provision of services;

d) In the remaining cases, the adjudicating company of the work or the service, for what it shall

ensure the coordination of the remaining employers through the organization of the

safety and health activities at work.

3-A the user or adjudicator of the work or the service shall ensure that the

successive exercise of activities by third parties in their premises or with the

equipment used do not constitute a risk to the safety and health of their

workers or temporary workers, ceded occasionally or from

workers at the service of service providers.

4-Constitui counterordinate very serious violation of the provisions of the provisions of paragraphs 2 and 3, without

injury to the liability of the employer.

27

Article 18.

Obligations of the employee

1-Constitutions of the worker's obligations:

a) Comply with safety and health requirements at work established in the

legal provisions and in instruments of collective labour regulation,

as well as the instructions determined with such an end by the employer;

b) To ensure your safety and health, as well as safety and health

of the other persons who may be affected by their actions or omissions in the

work, not least when exercising managerial or coordination functions, in relation

to services under their hierarchical and technical background;

c) Use correctly and in accordance with the instructions transmitted by the

employer, machinery, appliances, instruments, hazardous substances and other

equipment and means put at its disposal, specifically equipment

of collective and individual protection, as well as to comply with the procedures of

work established;

d) To actively cooperate in the company, the establishment or the service for the

improvement of the safety and health system at work, taking notice

of the information provided by the employer and attending the consultations and the

examinations determined by the doctor of the work;

e) Communicate immediately to the hierarchical superior or, not being possible, to the

worker assigned for the performance of specific functions in the domains

of safety and health in the workplace, the avairies and deficiencies per se

detected that if they are affluent to be likely to originate serious and imminent danger,

as well as any defect verified in the protective systems;

28

f) In the event of a serious and imminent danger, adopt the measures and instructions beforehand

established for such a situation, without prejudice to the duty to contact, as soon as

possible, with the superior hierarchical or with the workers who perform

specific functions in the areas of workplace safety and health.

2-The worker may not be harmed by virtue of having moved away from his post of

work or from a hazardous area in case of serious and imminent danger, nor by having

adopted measures for their own safety or for the safety of outrain.

3-The obligations of the employee in the field of safety and health in the places of work

do not exclude the general obligations of the employer, as defined in the

article 16 para.

4-Constitui counterordinate very serious violation of the provisions of the paragraph b) of paragraph 1.

5-Without prejudice to the provisions of the preceding paragraph, the worker who violates culposely

the duties referred to in paragraph 1 or the worker whose conduct has contributed to originate

a situation of danger, incurs liability, in the general terms.

CHAPTER III

Consultation, information and training of employees

Article 19.

Consultation of workers

1-The employer, with a view to obtaining advice, shall consult in writing and, by the

less, twice a year, previously or in good time, the representatives of the

workers for safety and health or, failing that, the workers themselves on:

a) The assessment of risks to safety and health at work, including the

relating to groups of workers subject to special risks;

29

b) The safety and health measures before they are put into practice or, as soon as

possible, in the event of the urgent application of them;

c) The measures that, by their impact on technologies and functions, have

repercussion on safety and health at work;

d) The programme and organisation of training in the field of safety and health in the

work;

e) The designation of the representative of the employer accompanying the activity of the

modality of service adopted;

f) The designation and exoneration of the employees who perform duties

specific in the areas of safety and health in the workplace;

g) The designation of the workers responsible for the implementation of the measures provided for

in Article 16 (9);

h) The modality of services to be adopted, as well as the facility to services outside the

company or qualified technicians to ensure the realization of all or part of the

safety and health activities at work;

i) The protective equipment that is necessary to use;

j) The risks to safety and health, as well as measures for protection and

prevention and the way in which they apply, whether in relation to the developed activity,

either in relation to the company, establishment or service;

l) The annual list of fatal accidents at work and those occasioned

for work longer than three working days, drawn up by the end of March of the year

subsequent;

m) The reports of the accidents at work referred to in the preceding paragraph.

30

2-For the purposes of the provisions of the preceding paragraph, access to the

technical information subject to registration and to collective medical data, no

individualized, as well as to the technical information from services of

inspection and other competent bodies in the field of safety and health in the

work.

3-The opinion provided for in paragraph 1 shall be issued within 15 days of the date of the

application for consultation, and the employer may set the upper deadline by meeting the extension or

complexity of the subjects.

4-A non-acceptance of the opinion provided for in paragraph 1 as to the subjects referred to in points and ),

f) , g) and h) of the same number, shall be substantiated in writing.

5-Elapsed the time limit referred to in paragraph 3 without the opinion having been delivered to the

employer, the requirement for consultation is deemed to be met.

6-The consultations, respective responses and proposals provided for in paragraphs 1 and 4, shall appear on

of registration in self-organized book by the company.

7-Without prejudice to the provisions of the preceding paragraphs, the employee and his /

representatives for safety and health can, at all times, submit proposals,

so as to minimise any professional risk.

8-Constitute counter-ordinance very serious violation of the provisions of paragraph 1.

9-Constitute counter-ordinance leads to violation of the provisions of paragraphs 2, 4 and 6.

Article 20.

Information for employees

1-The worker, as well as his representatives for safety and health in the

company, establishment or service must have up-to-date information on:

a) The subjects referred to in paragraph j) of paragraph 1 of the preceding Article;

31

b) The measures and instructions to be adopted in the event of serious and imminent danger;

c) The first aid, firefighting and evacuation measures of the

workers in the event of a claim, as well as workers or services

incarceries of putting them into practice.

2-Without prejudice to the appropriate training, the information referred to in the preceding paragraph

it should always be made available to the employee in the following cases:

a) Admission to the company;

b) Change of job or function;

c) Introduction of new work equipment or alteration of existing ones;

d) Adoption of a new technology;

e) Activities involving employees of various companies.

3-The employer shall inform employees with specific functions in the field of

safety and health at work on the subjects referred to in points a) , b ), i) and l) of paragraph 1

and from paragraph 2 of the previous article.

4-The employer must inform the services and qualified technicians external to the company

who carry out safety and health activities at work on the factors that

presumptive or recognizably affect the safety and health of workers and the

subjects referred to in ( a) of paragraph 1 and (1) g) of Article 19 (1)

5-A company in whose premises is provided a service shall inform the respective

employers and workers on the subjects identified in the preceding paragraph.

6-The employer must, still, communicate the admission of workers with contracts of

determined duration, in temporary work arrangements, in commission of service or in

occasional ceding, to the service of safety and health at work mentioned in paragraph 4 and

to employees with specific roles in the field of safety and health in the

work.

32

7-Constitute counter-ordinance very serious violation of the provisions of paragraphs 1 and 2.

8-Constitute counterordinance leads to violation of the provisions of the n. ºs 3, 4, 5 and 6.

Article 21.

Training of workers

1-The worker must receive appropriate training in the field of safety and health

at work, taking into attention the job posting and the exercise of risky activities

high.

2-To the workers assigned to take care of all or some of the activities of

safety and health at work must be ensured, by the employer, the training

permanent for the exercise of their respective functions.

3-Without prejudice to the provisions of paragraph 1, the employer shall form, in sufficient number,

taking into account the size of the company and the existing risks, the employees

responsible for the implementation of the first aid measures, firefighting and

of evacuation of workers, as well as providing them with appropriate material.

4-A The training of the company's employees on occupational safety and health must

be ensured so that it cannot result in injury to them.

5-For the purposes of the provisions of the preceding paragraphs, the employer and the respective

representative associations may request the support of competent public bodies

when they are lacking the means and conditions necessary for the realization of the training.

6-Constitute counter-ordinance grave the violation of the provisions of the n. paragraphs 1 a to 4.

33

CHAPTER IV

Representatives of workers for safety and health at work

SECTION I

Representatives of workers

Article 22.

Representatives of workers for safety and health at work

1-Representatives of workers for safety and health at work are elected

by the workers by direct and secret voting, under the principle of representation by the

method of Hondt .

2-They can only run lists submitted by the trade union organizations that have

workers represented in the company or lists that present themselves subscribed to, at the very least,

per 20% of the employees of the company, and no employee may subscribe to or

be part of more than one list.

3-Each list must indicate a number of effective candidates equal to that of the eligible seats

and equal number of alternating candidates.

4-Unless otherwise provided for in the instrument of collective regulation

applicable, employees ' representatives may not exceed:

a) Companies with less than 61 employees-a representative;

b) Companies from 61 a to 150 workers-two representatives;

c) Companies from 151 a to 300 workers-three representatives;

d) Companies from 301 a to 500 workers-four representatives;

e) Companies from 501 a to 1000 workers-five representatives;

f) Companies from 1001 a to 1500 workers-six representatives;

34

g) Companies with more than 1500 workers-seven representatives.

5-The mandate of the employees ' representatives is three years.

6-A The replacement of representatives is only admitted in the case of resignation or impediment

definitive, having the same for the actual and alternate candidates by the order indicated in the

respective list.

7-The representatives of the employees possess, for the exercise of their duties, of a

credit of five hours per month.

8-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.

Article 23.

Training of employee representatives

1-Workers ' representatives must be assured permanent training for

the exercise of their respective functions.

2-For the purposes of the provisions of the preceding paragraph, the employer shall provide

conditions for the representatives of workers for safety and health in the

work receive training by granting, if necessary, leave with retribution, or without

retribution if another entity assigns specific allowance.

3-For the purposes of the provisions of the preceding paragraphs, the employer or the respective

representative associations, as well as the structures of collective representation of the

employees can apply for support from competent public services when they are lacking

of the means and conditions necessary for the realization of the training.

4-Constitute counterordinance grave the violation of the provisions of n. ºs 1 and 2.

35

Article 24.

Safety commissions at work

1-For the purposes of this Law, by collective convention, commissions may be set up

safety and health in the work of parity composition.

2-A committee on safety and health at work created pursuant to the preceding paragraph

consists of the representatives of the workers for safety and health at work,

with respect for the principle of proportionality.

Article 25.

Support for employee representatives

1-The management bodies of the companies shall put at the disposal of the representatives of the

workers for safety and health at work the appropriate facilities, as well as

the material and technical means necessary for the performance of their duties.

2-Workers ' representatives for safety and health at work have

equally right to distribute information regarding safety and health at work, well

as to their affixing at suitable location that is intended for this purpose.

Article 26.

Meetings with the management bodies of the company

1-Representatives of workers for safety and health at work have the

right to meet with the company's management body, at least once a month, to

discussion and analysis of the subjects related to safety and health at work.

2-From the meeting referred to in the preceding paragraph is washed minutes, which shall be signed by all

the gifts.

3-The time credit provided for in Article 22 (7) shall not be affected for the purpose of

realization of the meeting referred to in paragraph 1.

36

SECTION II

Election of the representatives of workers for safety and health in the

work

Article 27.

Electoral capacity

No employee of the company can be harmed in their rights to elect and be

elected, particularly on grounds of age or function.

Article 28.

Promotion of the election

1-Workers or the union that has workers represented in the company

promote the election of the representatives of the workers for safety and health in the

work.

2-In the case of the electoral act being promoted by the workers, the convener shall be

subscribed, at a minimum, by 100 or 20% of the company's employees.

3-Workers or the union that promote the election communicate to the bodies

relevant ministry of the ministry responsible for the labour area and the employer, with the

minimum 90 days notice, the date of the electoral act.

Article 29.

Advertising

1-Upon receipt of the communication provided for in the previous article:

a) The competent body of the ministry responsible for the labour area proceeds from

immediate to the publication of communication in the Bulletin of Labour and Employment (BTE);

37

b) The employer must affix it immediately at appropriate place in the company and

establishment, and should put together a reference to the mandatory publication in the

BTE.

2-Constitute counterordinance grave the violation of the provisions of the paragraph b) of paragraph 1.

Article 30.

Electoral commission

1-A electoral commission shall consist of:

a) A president-worker with more seniority in the company and, in the event of

equality, what is more age and, maintaining equality, what has more

habilitations;

b) A secretary-worker with less seniority in the company, provided that

greater than two years and, in case of equality, what is of more age and, by keeping

equality, which has more emitations;

c) Two workers chosen in accordance with the criteria set out in the points

previous, save by treating yourself from micro-company or small company.

d) A representative of each list.

2-In the event of a refusal to participate in the electoral commission, a new choice is held,

in accordance with the criteria set out in the preceding paragraphs.

3-The President, Secretary and the workers chosen in accordance with the provisions of the

point ( c) of paragraph 1 are vested in the functions, after declaration of acceptance, within the period of

five days, counting from the publication of the convening of the electoral act in the BTE.

4-The representatives of the lists integrate the electoral commission, after declaration of acceptance,

on the day subsequent to the decision to admit the lists.

38

5-A The composition of the electoral commission shall be communicated to the employer within the period of

48 hours, from the declaration of acceptance of the members referred to in paragraph 1.

Article 31.

Competence and operation of the electoral commission

1-Compete to the chairman of the election commission affix the start and term dates of the

period for submission of lists, at appropriate place in the company and in the establishment,

which may not be less than five or more than 15 days, as well as directing the activity

of the committee.

2-Compete to the electoral commission directing the procedure of the election, namely:

a) Receive the lists of applications;

b) To check the regularity of the lists, in particular with respect to the bidders,

number of applicants and their quality of employees of the company;

c) Affix the lists in the company and the establishment;

d) Set the period during which the candidate lists can affix communiqués in the

appropriate places in the company and the establishment;

e) Fix the number and location of the voting sections;

f) Carry out the overall clearance of the electoral act;

g) Proclaim the results;

h) Communicating the results of the election to the competent body of the ministry

responsible for the labour area;

i) Resolve doubts and omissions of the procedure of the election.

3-A The electoral commission deliberates by a majority, having the president vote of quality.

39

Article 32.

Electoral notebook

1-The employer must deliver to the election commission, within 48 hours of receipt

of the communication identifying the President and the Registrar, the electoral notebook, proceeding

that to the immediate affix in the company and the establishment.

2-The electoral notebook shall contain the name of the employees of the company and, being the case

of this, identified by establishment, at the date of the marking of the electoral act.

3-Constitute counter-ordinance very serious violation of the provisions of this article.

Article 33.

Complaints

1-The company's employees may complain, within five days of the

fixation provided for in paragraph 1 of the preceding Article, for the electoral commission, of any errors

or constant omissions of the electoral notebook.

2-A electoral commission decides the complaints filed within the maximum of 10 days,

after which it affixes the corrections of the electoral notebook that have been verified.

Article 34.

Lists

1-The lists of applications must be delivered to the chairman of the election commission,

accompanied by declaration of acceptance of the respective employees.

2-A electoral commission decides on the admission of the lists presented in the five days

following the end of the submission period.

3-In the event of a rejection of admissibility of any list submitted, its

proponents can sane the existing vices within 48 hours.

40

4-After the decision of the admission of each list, the chairman of the electoral commission has awarded it

a letter of the alphabet according to the order of presentation.

5-The lists should be immediately affixed, in appropriate places, in the company and in the

establishment.

Article 35.

Ballot and ballot bulletins

1-The ballot papers are drawn up by the electoral commission in the 15 days prior to the date

of the electoral act.

2-Vote bulletins must contain by alphabetical order of admission the lists

competitors.

3-The ballot box shall be provided by the electoral commission, and shall ensure the

security of the bulletins.

Article 36.

Sections of vote

1-In each establishment with a minimum of nine workers must exist, by the

less, a polling section.

2-A each polling section cannot match more than 500 voters.

3-Each voting table is composed of a president, who directs the respective vote, and a

secretary, chosen by the chairman of the election commission pursuant to Art. 30, and by

a representative of each list, staying, for that purpose, dispensed from the respective

provision of work.

4-Constitui counter-ordinance very serious the provisions of paragraph 1 and counter-ordinance grave the

arranged in the final part of the preceding paragraph.

41

Article 37.

Electoral act

1-Vote ballot boxes are placed in the workplaces, so as to allow all the

workers can vote without prejudice to the normal functioning of the company or

establishment.

2-A voting is carried out on the spot and during the working hours.

3-A voting shall have the minimum duration of three hours and maximum of five, competing for the

election commission set its operating schedule, five days before the date of the act

election, not the shutdown may occur after 21 pm.

4-In the case of shift work or differential schedules in the company, the act

election of the night shift must precede that of the day shift.

5-Workers can vote during their working hours, for what each

has the time for so much indispensable.

6-In companies with geographically dispersed establishments, the electoral act must be

performed on everyone on the same day, at the same time and on the same terms.

7-When, due to the work by shifts or other reasons, it is not possible to respect the

provisions of the preceding paragraph shall be simultaneous to the opening of the ballot box for the

respective clearance in all the establishments of the company.

8-Voters must be identified and registered in a document of their own, with a term of

opening and closing, signed and initialed in all leaves by the electoral table.

9-Constitutive counter-ordinance very serious violation of the provisions of paragraph 1 and against-

serious ordinance the violation of the provisions of paragraph 5.

42

Article 38.

Clearance of the electoral act

1-The clearance of the electoral act is to be carried out immediately after the closure

of the urns.

2-The clearance of the voting result in the voting section is carried out by the respective

desk, competing for your president to immediately communicate the results to the committee

electoral.

3-The overall clearance of the electoral act is done by the electoral commission.

Article 39.

Minutes

1-A The minutes shall contain the deliberations of the electoral commission and the polling stations, as well as

anything that happens in the election procedure, namely any incidents

occurred and the clearance of the result.

2-The members of the electoral commission and the polling stations approve, initialize and sign the

respective minutes.

3-The document provided for in Article 37 (8) shall be annexed to the minutes of the respective section

of voting.

Article 40.

Publicity of the result of the election

1-A electoral commission shall proceed to the affixing of the identification elements of the

elected representatives, as well as from the copy of the minutes of the respective election, for 15 days to

counting from the date of the clearance, at the site or places where the election took place and remit,

within the same time frame, to the competent body of the ministry responsible for the area

labour as well as the management bodies of the company.

43

2-The competent body of the ministry responsible for the labour area records the result

of the election and proceeds to its publication immediately in the BTE.

3-Constitute counterordinance grave the employer's opposition to the affixing of the results

of the vote pursuant to paragraph 1.

Article 41.

Start of activities

Workers ' representatives for safety and health at work can only

initiate the exercise of their respective activities after the publication provided for in paragraph 2 of the

previous article.

CHAPTER V

Protection of genetic heritage

SECTION I

General provisions

Article 42.

Risks to genetic heritage

1-They are likely to involve risks to genetic heritage the chemical agents,

physical and biological or other factors that may cause hereditary genetic effects,

harmful effects not hereditary in the progeny or attest against the functions and

male or female reproductive capacities, specifically the following:

a) The hazardous preparations and substances which, under the applicable law on

classification, packaging and labelling of hazardous substances and preparations,

be classified as harmful (Xn) and qualified by one or more of the following

risk warnings:

R 40-possibility of irreversible effects;

44

R 45-can cause cancer;

R 46-may cause hereditary genetic alterations;

R 49-can cause cancer by inhalation;

R 60-can compromise fertility;

R 61-risk during pregnancy with adverse effects on the offspring;

R 62-possible risks of compromising fertility;

R63-possible risks during pregnancy of undesirable effects on the offspring;

R 64-toxic effects on reproduction;

b) Ionizing radiation and high temperatures;

c) The bacteria of the brucellus, of syphilis, the tuberculosis bacillus, and the rubella viruses

(rubivirus), from herpes simplex types 1 and 2, of the paper, of the syndrome of

human immunodeficiency (AIDS) and the toxoplasma.

2-In activities in which employees may be exposed to susceptible agents

of involving risks to the genetic heritage, the present diploma, in the part where it is

more favorable for the safety and health of workers, prevails over the

applicability of the prevention and protection measures provided for in specific legislation.

Article 43.

Risk assessment likely for detrimental effects on genetic heritage

1-The employer must check the existence of agents or factors that may have effects

harmful to the genetic heritage and assess the corresponding risks.

2-A The risk assessment shall take into account all available information,

particularly:

a) The collection of information on agents or factors;

45

b) The study of the jobs to determine the actual conditions of exposure,

in particular the nature of the work, the characteristics of the agents or factors,

the periods of exposure and the interaction with other risks;

c) The recommendations of the competent bodies in the field of safety and

health at work.

3-A Risk assessment shall be made quarterly, as well as when there is change

of the working conditions likely to affect the exposure of workers, the

health surveillance results justifies or verifies development of the

scientific research in this matter.

4-A The risk assessment should identify exposed workers and those who, being

particularly sensitive, may necessitate special protective measures.

5-Constitui counterordinate very serious violation of the provisions of the preceding paragraphs.

Article 44.

Specific information duties

1-Without prejudice to the general obligations in information and consultation, the employer

must make available up-to-date information to employees and their representatives to

safety and health at work on:

a) Hazardous chemical substances and preparations, work equipment, the

materials or raw materials present in the workplaces that may

represent danger of aggression to genetic heritage;

b) The results of the risk assessment;

c) The identification of exposed workers.

2-A information referred to in the preceding paragraph shall be placed at the disposal of the doctor of the

work or the public entity responsible for the health surveillance of workers.

46

3-The employer shall transmit the information referred to in points (s) a) and b) of paragraph 1 to the

independent workers and companies who, in the same facilities, develop

activities simultaneously with its employees, to any title.

4-Constitui counterordinate very serious violation of the provisions of this article.

Article 45.

Surveillance of health

1-Without prejudice to the general health obligations at work, the employer

must ensure adequate monitoring of the health of workers in relation to which the

result of the evaluation reveals the existence of risks for genetic heritage, through

health examinations, an examination should be carried out before the first exhibition.

2 -A health surveillance referred to in the preceding paragraph shall allow the application of the

knowledge of medicine from the latest work, be based on the conditions or

circumstances in which each employee has been or may be subject to exposure to

agents or risk factors and include, at a minimum, the following procedures:

a) Registration of the clinical and professional history of each employee;

b) Personal interview with the worker;

c) Individual assessment of your state of health;

d) Biological surveillance whenever necessary;

e) Tracing of early and reversible effects.

3-Health exams are carried out on the basis of knowledge that exposure to

agents or risk factors of genetic heritage may cause the following affections:

a) Changes in sexual behaviour;

b) Reduction of fertility, specifically in the various aspects of spermatogenesis

and of the ovogenesis;

47

c) Adverse outcomes in hormonal activity;

d) Modifications of other functions that depend on the integrity of the system

player.

4-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraphs.

Article 46.

Result of health surveillance

1-As a result of health surveillance the doctor of work:

a) Informs the worker of the result;

b) Gives indications of the eventual need to continue health surveillance,

even after finished the exhibition;

c) Communicates to the employer the result of health surveillance with an interest to the

prevention of risks, without prejudice to the professional secrecy to which it is found

linked.

2-The employer, taking into account the said in the c) of the previous number:

a) Repeats the risk assessment;

b) On the basis of the opinion of the working doctor, it adopts possible individual measures

of protection or prevention and assigns, if necessary, to the employee concerned

another compatible task in which there is no risk of exposure;

c) Promotes prolonged surveillance of the health of the worker;

d) Assure any employee who has been exposed to agents or factors of

risk for genetic heritage a health check including, if necessary, the

realisation of supplementary examinations.

3-The employee has access, at his or her request, to the health record that concerns him,

may request the revision of that result.

48

4-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraphs.

Article 47.

Registration, file and preservation of documents

1-Without prejudice to the general obligations of the safety and health service at work, in

matter of data records and document conservation, the employer must arrange and

conserve up-to-date archives, particularly by electronic means, on:

a) The criteria, procedures and results of the risk assessment;

b) The identification of workers exposed with the indication of nature and, if

possible, of the agent and the degree of exposure to which each employee was subject;

c) The results of health surveillance of each employee with reference to the

respective post of work or function;

d) The records of accidents or incidents;

e) Identification of the doctor responsible for health surveillance.

2-The records referred to in point c) of the previous number must appear in a medical sheet

individual of each worker, placed under the responsibility of the doctor of the work.

3-The records and files referred to in the preceding paragraphs are retained during, by the

less, 40 years after it has ended the exposure of the workers to which they relate.

4-If the company ceases the activity, the records and archives shall be transferred to the

competent body of the ministry responsible for the labour area which ensures its

confidentiality.

5-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraphs.

49

Article 48.

Practical guidelines

1-The ministries responsible for the labour area and the area of health constitute and

coordinate a commission of experts, of which the members of the Council are part

National of Hygiene and Safety at Work, whose mission is to draw up and review

semester an indicative list of agents and risk factors for heritage

genetic, of compulsory publicitation on the electronic page of the respective bodies

competent.

2-The competent bodies of the ministries referred to in the preceding paragraph, heard

the National Council for Hygiene and Safety at Work, can draw up guides

technicians containing practical guidelines on the prevention and protection of agents and

factors likely to involve risks to the genetic heritage of the worker or of the

their descendants, included in the list referred to in the previous number.

SECTION II

Prohibited or conditioned activities in general

Article 49.

Prohibited or conditioned activities

They are prohibited or conditioned to employees, the activities involving the exhibition

to chemical, physical and biological agents or other factors of a psychosocial nature that

may cause hereditary genetic effects, non-heritable detrimental effects on the

progeny or attest against male reproductive functions and capacities or

feminine, likely to involve risks to genetic heritage, referred to in the present

law or in specific legislation, as per the indication that appears from them.

50

Article 50.

Use of prohibited agents

1-A The use of prohibited agents is permitted only:

a) For exclusive purposes of scientific research;

b) In activities aimed at the respective elimination.

2-In the situation provided for in the preceding paragraph, the exposure of workers to the agents in

cause should be avoided, notably by ensuring that the same decorate during the time

minimum possible and that perform in a single closed system, of which the agents can only

be removed to the extent necessary for the monitoring of the process or the maintenance of the

system.

3-In the case referred to in paragraph 1, the employer must report to the body in advance

competent for the promotion of safety and health in the work of the responsible ministry

by the labour area the following information:

a) Agent and the respective quantity used annually;

b) Implicated activities, reactions or processes;

c) Number of workers exposed;

d) Technical and organizational measures taken to prevent the exposure of the

workers.

4-A communication provided for in the preceding paragraph shall be carried out with 15 days of

in advance, and may in the case of paragraph 1 (b), the time limit is lower since

duly reasoned.

5-The body referred to in paragraph 3 gives knowledge of the information received to the body

competent from the ministry responsible for the area of health and confirms the reception of the

communication with the necessary information, indicating, being the case, the measures

supplementary protection of workers that the employer must apply.

51

6-The employer shall provide the documents referred to in the preceding paragraphs

supervising entities that request them.

SECTION III

Activities prohibited or conditioned to pregnant female workers, puerpeas or

lactating

Article 51.

Legal remission

For the purpose of the exercise of the rights conferred in this section, they consider themselves

applicable the concepts set out in Article 36 (1) of the Labour Code.

SUBSECTION I

Activities prohibited to pregnant and lactating working

Article 52.

Physical agents

It is prohibited to the pregnant worker to carry out activities in which he or she is or may be

exposed to the following physical agents:

a) Ionizing radiation;

b) Atmospheres with high overpressure, namely hyperbaric chambers or of

submarine dip.

Article 53.

Biological agents

It is prohibited to the pregnant worker to carry out any activity in which it may be

in contact with transmission vectors of the toxoplasm and with the rubella virus, save if

there is evidence that the pregnant worker possesses antibodies or immunity to those

agents and find themselves sufficiently protected.

52

Article 54.

Chemical agents

It is prohibited to the pregnant worker to carry out any activity in which it may be

in contact with:

a) The hazardous chemical substances, qualified with one or more warnings of

following risk: "R46-may cause hereditary genetic alterations", " R61-

risk during pregnancy with adverse effects on offspring "and" R64-may

cause damage to children fed with breast milk ", under the legislation

on the classification, packaging and labelling of substances and preparations

dangerous;

b) Lead and its compounds to the extent that these agents can be

absorbed by the human organism.

Article 55.

Agents banned for lactating worker

It is prohibited to the lactating worker to carry out any activity involving the

exposure to the following physical and chemical agents:

a) Ionizing radiation;

b) Chemical substances qualified with the risk warning " R64-can cause

damage to children fed with breast milk ", pursuant to the legislation on the

classification, packaging and labelling of hazardous substances and preparations;

c) Lead and its compounds to the extent that these agents can be absorbed

by the human organism.

53

Article 56.

Conditions of work

It is forbidden to the pregnant and lactating worker the provision of underground work in mines.

Article 57.

Exercise of prohibited activities

It constitutes very serious counterordinance, attributable to the employer, the exercise of

activities with exposure to agents and conditions of work prohibited under the terms of

present subsection.

SUBSECTION II

Conditioned activities

Article 58.

Physical agents

They are conditioned to the pregnant worker the activities involving the exhibition to

physical agents likely to cause fetal injury or placental dispreneion,

particularly:

a) Shocks, mechanical vibrations or movements;

b) Manual handling of loads that behave risks, particularly dorso-

lumbar, or whose weight exceeds 10 kg;

c) Noise;

d) Non-ionizing radiation;

e) Extreme temperatures, cold or heat;

f) Movements and postures, displacements either in the interior or the outside of the

establishment, mental and physical fatigue and other physical overloads linked to the

activity exerted.

54

Article 59.

Biological agents

They are conditioned to the pregnant worker, puerpera or lactating all the activities in which

there may be the risk of exposure to classified biological agents in the risk groups 2, 3

and 4, in accordance with the legislation on minimum safety protection requirements and

of the health of workers against the risks of exposure to biological agents during the

work.

Article 60.

Chemical agents

They are conditioned to the pregnant worker, puerpera or lactating the activities in which there is

or there may be the risk of exposure to:

a) Chemical substances and hazardous preparations qualifying with one or more of the

following risk warnings: "R40-possibility of irreversible effects", " R45

-can cause cancer "," R49 can cause cancer by inhalation "and" R63-possible

risks during pregnancy from undesirable effects on the offspring ", pursuant to the

legislation on the classification, packaging and labelling of substances and

hazardous preparations;

b) Auramine;

c) Mercury and its derivatives;

d) Antimitotic medications;

e) Carbon monoxide;

f) Hazardous chemical agents of formal cutaneous penetration;

g) Substances or preparations that are released in the industrial processes referred to in the

next article.

55

Article 61.

Industrial processes and working conditions

They are conditioned to the pregnant worker, puerpera or lactating the activities at places of

work where the following industrial processes are elapsed or can be carried out:

a) Manufacture of auramine;

b) Work likely to cause exposure to polycyclic hydrocarbons

aromatics present in particular in the soot, the tar, the pez, the fumes or

in the dust hulls;

c) Work likely to cause exposure to dust, fumes or mist

produced during calcination and electrorrefining of nickel mates;

d) Strong acid process during the manufacture of isopropyl alcohol;

e) Work likely to cause exposure to dust from woods of

folly.

SECTION IV

Activities prohibited or conditioned the minor

SUBSECTION I

Activities, agents, processes and conditions of work prohibited to a minor

Article 62.

Activities

The following activities are prohibited at least:

a) Manufacture of auramine;

b) Industrial slaughter of animals.

56

Article 63.

Physical agents

The activities where there is a risk of exposure to the following agents are prohibited

physical:

a) Ionizing radiation;

b) Atmospheres of high overpressure, particularly in hyperbaric chambers and of

submarine dip;

c) Contact with high voltage electrical energy.

Article 64.

Biological agents

The activities in which there is a risk of exposure to biological agents are prohibited to

classified in risk groups 3 and 4, in accordance with the legislation on prescriptions

minimum safety and health protection of workers against the risks of the

exposure to biological agents during work.

Article 65.

Agents, substances and chemical preparations

1-Are prohibited to the lowest the activities where there is a risk of exposure to the following

chemical agents:

a) Asbestos;

b) Lead and its ionic compounds, to the extent that these agents are

likely to be absorbed by the human organism;

c) Chloropromazin;

d) Toluene and xylene;

57

e) Aromatic polycyclic hydrocarbons present in the soot, in the tar or pez

of the hulha;

f) Dust, fumes or mist produced during the calcination and electrorrefining of

niquel mates.

2-Are prohibited to the lowest the activities in which there is a risk of exposure to substances and

preparations which, pursuant to the applicable legislation on classification, packaging and

labelling of hazardous substances and preparations, are classified as toxic (T),

very toxic (T +), corrosive (C) or explosive (E).

3-Are prohibited to the lowest the activities in which there is a risk of exposure to substances and

preparations which, pursuant to the applicable legislation on classification, packaging and

labelling of hazardous substances and preparations, are classified as harmful (Xn) and

qualified by one or more of the following risk warnings:

a) "R39-danger of very serious irreversible effects";

b) "R40-possibility of irreversible effects";

c) "R42-can cause inhalation awareness";

d) "R43-can cause sensitization by contact with skin";

e) "R45-can cause cancer";

f) "R46-may cause hereditary genetic alterations";

g) "R48-risks of serious effects for health in the event of prolonged exposure";

h) "R60-can compromise fertility";

i) "R61-risk during pregnancy, with adverse effects on the offspring".

58

4-Are prohibited to the lowest the activities in which there is a risk of exposure to substances and

preparations which, pursuant to the applicable legislation on classification, packaging and

labelling of hazardous substances and preparations, are classified as irritants (Xi)

and qualified by one or more of the following risk warnings:

a) "R12-extremely inflammable";

b) "R42-can cause inhalation awareness";

c) "R43-can cause sensitization in contact with the skin".

Article 66.

Processes

The activities where there is a risk of exposure to the following are prohibited

processes:

a) Strong acid process during the manufacture of isopropyl alcohol;

b) Manufacture and handling of contraptions, artifices or objects containing

explosives.

Article 67.

Conditions of work

1-Are prohibited to the lowest the activities the fulfillings of which are subject to the following

conditions of work:

a) Risk of collapse;

b) Handling of production, storage or use apparatus of

compressed, liquefied or dissolved gases;

c) Use of vats, tanks, reservoirs, bottles or bogs containing

agents, substances or chemical preparations referred to in Article 65;

59

d) Conduction or operation of transport vehicles, tractors, forklift and

therraplaning machines;

e) Release of free silica dust, particularly in the projection of sand jacks;

f) Leakage of metals in merger;

g) Glass blowing operations;

h) Places of breeding or conservation of ferocious or poisonous animals;

i) Carried out in the subsoil;

j) Carried out in wastewater drainage systems;

l) Realized in airport runways;

m) Realized in activities that are due in nightclubs and similar ones;

n) Cuja cadence is conditioned by machines and the consideration determined in

function of the result.

2-Are, still, forbidden to the lesser under the age of 16 years the activities that are

performed in discotheques and similar.

Article 68.

Exercise of prohibited activities

Constitutes very serious counterordinance, attributable to the employer, the exercise by minor,

of any of the activities prohibited under this subsection.

SUBSECTION II

Work-conditioning the minor aged 16 or above

Article 69.

Activities, processes and conditions of work conditioned

1-The minor aged 16 or above can only carry out the activities,

processes and conditions of work subject to exposure of physical, biological and

chemists referred to in this subsection.

60

2-For the purposes of the preceding paragraph, in addition to the provisions of the a) and b) of paragraph 1 of the

Article 72 of the Labour Code, the employer shall assess the nature, degree and the

duration of exposure of the minor to activities or conditioned work and take the

measures necessary to prevent this risk.

3-Constitute counterordinance serious applicable to the employer the violation of the provisions of the

previous numbers.

Article 70.

Physical agents

1-Can be carried out by a minor aged 16 or above, provided that the

employer complies with the provisions of paragraph 2 of the previous article, the activities in which there is a risk

of exposure to the following physical agents:

a) Ultraviolet radiation;

b) Sound levels greater than 85 dB (A), measured through the L (EP,d Index), in the

terms of the scheme relating to the protection of workers from the risks due to the

exposure to noise during work

c) Vibrations;

d) Temperatures lower than 0 ºC or higher than 42 ºC;

e) Contact with medium-voltage electrical energy.

Article 71.

Biological agents

They may be carried out by less than 16 years of age, provided that the

employer complies with the provisions of Article 69 (2), the activities in which there is a risk of

exposure to biological agents from risk groups 1 and 2, according to the legislation

on the minimum safety and health protection requirements of workers

against the risks of exposure to biological agents during work.

61

Article 72.

Chemical agents

They may be carried out by less than 16 years of age, provided that the

employer complies with the provisions of Article 69 (2), the activities in which there is a risk of

exposure to the following chemical agents:

a) Ethyl acetate;

b) Uric acid and its compounds;

c) Alcohols;

d) Butane;

e) Ketones;

f) Chloronaphthalenes;

g) Proteolytic enzymes;

h) Manganese, its compounds and alloys;

i) Iron oxide;

j) Propane;

l) Phosphorus sesquysulfide;

m) Sulfate of sodium;

n) Zinc and its compounds.

Article 73.

Conditions of work

1-Can be carried out by a minor aged 16 or above, provided that the

employer complies with the provisions of Article 69 (2), the activities subject to the following

working conditions that entail:

62

a) The use of work equipment which, pursuant to Article 5 of the

Decree-Law No. 50/2005 of February 25, present specific risks to the

safety or health of workers;

b) Demolitions;

c) The execution of dangerous maneuing;

d) Work for dismantling;

e) The harvesting, handling or wrapping of blood, organs or any

other animal foils, handling, washing and sterilization of materials

used in the said operations;

f) The removal and handling of waste from waste dumps and similar;

g) The manual handling of loads with weight of more than 15 kg;

h) Excessive physical efforts, notably carried out in a kneeling position or

in positions and movements that determinate compression of nerves and plexes

nervous;

i) The achievement in silos;

j) The realization in refrigerated installations in which there may be risk of leakage from the fluid

of refrigeration;

l) The realization in slaughterhouses, stalks, fishmongers, aviaries, flooded factories or

preserves of meat or fish, milk distribution depots and queijries.

2-In cases of violation of the provisions of the provisions of the b) a d) of the previous number are

jointly and severally liable for the payment of the fine the executing entities.

63

CHAPTER VI

Safety and health services at work

SECTION I

Organisation of the services of occupational safety and health

Article 74.

General provisions

1-The employer must arrange the safety and health service in the work of agreement

with the modalities provided for in this Chapter.

2-Employer may not demand payments or make discounts to employees

by the activities and measures developed by the security and health service in the

work.

3-Constitutive counter-ordinance very serious violation of the provisions of paragraph 1 and

serious counterordinance to violation of the provisions of the previous number.

Article 75.

Modalities of services

1-In the organization of the safety and health service at work, the employer can

adopt, without prejudice to the provisions of the following number, one of the following modalities:

a) Internal service;

b) Common service;

c) External service.

2-Whether in the company or the establishment there are not enough means to develop the

integrated activities in the operation of the safety and health service at work

on the part of the internal service or, being in question the regime defined in Article 82, shall the

employer to use common or external service, or, still, skilled technicians in number

sufficient to ensure in whole or in part the development of those activities.

64

3-The employer may adopt different organisational modalities in each

establishment.

4-Safety activities can be arranged separately from those of health,

observing, in respect of each of them, the provisions of the preceding paragraph.

5-The services organized in any of the modalities referred to in paragraph 1 shall have the

means sufficient means enabling you to exercise the main activities of security and the

health at work.

6-A The use of common service or external service does not exempt the employer from the

specific responsibility for safety and health that the law assigns to it.

7-The employer notifies the respective competent body of the modality adopted

for the organization of the safety and health service at work, as well as of its

amendment, in the 30 days following the verification of any of the facts.

8-Constitutive counter-ordinance very serious violation of the provisions of paragraph 5 and against-

mild ordering the violation of the provisions of the previous number.

Article 76.

First aid, firefighting and evacuation of workers

1-A company or the establishment, whatever the modality of the service of

safety and health at work, must have an internal structure that ensures the activities

of first aid, firefighting and of evacuation of facilities to which it relates

the Article 16 (9)

2-Constitui counterordinate very serious violation of the provisions of the previous number.

65

Article 77.

National Health Service

1-A health promotion and surveillance can be ensured through the Units of the

National Health Service (SNS), in accordance with specific legislation approved by the

ministry responsible for the area of health, in the following groups of workers:

a) Independent worker;

b) Seasonal agricultural worker and the term;

c) Apprentice in the service of an artisan;

d) Domestic service worker;

e) Worker of fishing activity in vessels with length up to 15

metres, not belonging to the fishing fleet of shipowner or equivalent employer ;

f) Workers of microenterprises who do not exercise high risk activity.

2-The employer and the self-employed worker shall make evidence of the situation provided for in the

previous number that confers right to assistance through SNS Units, as well as

pay the respective charges.

Article 78.

Representative of the employer

1-If the company or establishment adopts common service or external service, the

employer must designate, in each establishment, a worker with training

appropriate, pursuant to the provisions of the following number, that the represent to accompany

and co-adjuvate the implementation of prevention activities.

66

2-For the purposes of the preceding paragraph, it is understood by appropriate training to be allowed to

acquisition of basic skills in safety, health, ergonomics, environment and

organization of the work, which is validated by the service with competence for the promotion

of safety and health in the work of the ministry responsible for the labour area or inserted into

educational system, at the SNQ or still promoted by public administration entities

with responsibility in the development of vocational training.

3-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.

SECTION II

Internal service

Article 79.

Scope and compulsory internal service of safety and health at work

1-The internal service of occupational safety and health is instituted by the employer and

uniquely covers workers for whose safety and health that is responsible.

2-Internal service is part of the company's structure and works on reliance on the

employer.

3-The employer shall institute internal service that covers:

a) Establishment with at least 400 employees;

b) The set of establishments distanced up to 50 kilometres from that which

occupies larger numbers of workers and that, with this, they have at least 400

workers;

c) Establishment or set of establishments that develop activities of

high risk, in accordance with the provisions of the following article, to which they are exposed

at least 30 workers.

67

4-For the purposes of the preceding paragraph, the service provided by the service shall be deemed to be internal

a company to other companies in the group so long as that and these belong to societies

that they find themselves in domain or group relation.

5-Constitute counter-ordinance very serious violation of the provisions of paragraph 3.

Article 80.

Activities or high risk work

For the purposes of this Law, they are considered to be of high risk:

a) Work on construction works, excavation, movement of land, of tunnels,

with risks of falls in height or of soaring, demolitions and intervention in

railroads and highways without traffic interruption;

b) Activities of extractive industries;

c) Hyperbaric work;

d) Activities involving the use or storage of chemical products

dangerous likely to cause serious accidents;

e) The manufacture, transport and use of explosives and pyrotechnics;

f) Activities of steel industry and shipbuilding;

g) Activities involving contact with medium and high voltage electrical currents;

h) Production and transport of compressed, liquefied or dissolved gases or the

significant use of them;

i) Activities that entail exposure to ionizing radiation;

j) Activities involving exposure to carcinogens, mutagenic or

toxic for reproduction;

l) Activities involving exposure to biological agents of group 3 or 4;

68

m) Work involving exposure to silica.

Article 81.

Internal service dispensation

1-The employer may, upon permission of the competent body of the ministry

responsible for the labour area or the competent body of the ministry responsible for the

health area, depending on whether the dispensation refers to the area of safety or health, obtain

dispensation of internal service in relation to the establishment covered by the a) or b) from the

(3) Article 79, where:

a) Do not exercise high risk activities;

b) Present incidence and severity rates of accidents at work, in the two

last years, not higher than the average of the respective sector;

c) There are no records of occupational diseases contracted to the service of the company or

for which they have contributed directly and decisively to the working conditions

of the company;

d) The employer has not been punished for very serious offences relating to the

violation of occupational safety and health legislation, practiced in the same

establishment in the last two years;

e) If you check, by the analysis of the risk assessment reports presented by the

applicant or through survey, where necessary, that the values are respected

limit of exposure to substances or risk factors.

2-The application for authorisation shall be sent to the competent body,

particularly by electronic means, accompanied by a reasoned opinion of the

representatives of workers for safety and health at work or, failing that, of the

own employees, without prejudice to the provisions of Article 19 (3) and (5)

69

3-The competent body, after having verified the compliance of the requirements

capable of documentary appreciation and in the 45 days after the presentation of the

application, must:

a) Mark the date of the survey;

b) Inform of the fact the applicant and the other body, so that they have

knowledge of the same at the minimum of ten days ' time;

c) Notify the applicant for payment of fee regarding the survey.

4-A The authorisation referred to in paragraph 1 shall be revoked, where:

a) The company presents incidence and severity rates of accidents at work

in the last two years higher than the average of the respective sector;

b) In the company or set of establishments it has occurred, in the last two years,

a deadly work accident, for violation of safety and health rules in the

employment attributable to the employer;

c) The company has been convicted, in the last two years, by the practice of against-

very serious ordinance on safety and health at work or in

recidivism for the practice of serious counterordinance in safety and the

health at work.

5-The competent body in accordance with paragraph 1 has 60 days from the date of

entry of the application to grant the authorization referred to in paragraph 1.

6-The application for cumulative dispensation for the fields of safety and health

may be submitted to any of the competent bodies for the purposes of the

present law, which proceeds to the immediate shipment to the other competent body.

7-If the authorisation referred to in paragraph 1 is revoked, the company or establishment shall

adopt internal services within six months.

70

Article 82.

Activities carried out by the employer or by designated worker

1-In the company, establishment or set of establishments distanced up to 50 km

of the largest size, which employs at most nine employees and whose activity does not

be of high risk the safety activities at work can be exercised

directly by the employer itself, if it has adequate training and remains

usually in establishments.

2-In the situations referred to in the preceding paragraph, the employer may designate one or more

workers to take care of all or some of the safety activities in the

work, as long as they possess adequate training and have the time and means

necessary.

3-The exercise of the activities provided for in paragraphs 1 and 2 depends on authorisation or on

renewal of permission granted by the competent body for the promotion of the

safety and health in the work of the ministry responsible for the labour area, for the period of

five years.

4-For the purposes of the preceding paragraph, the application for authorisation or renewal of the

authorization shall preferably be carried out by electronic means.

5-A renewal provided for in the preceding paragraph shall be required up to 60 days before the term

of the permit, under penalty of expiry.

6-A The authorisation referred to in paragraph 3 shall be revoked, where the company,

establishment or assembly of the establishments:

a) Present incidence and severity rates of accidents at work, in five

straight years, higher than the average of the respective sector;

71

b) Has been sentenced, in the last two years, by the practice of counterordinance

very serious in safety and health at work or in recidivism

by the practice of serious counterordinance on safety and health in the

work;

c) Have not communicated to the body with competence in the matter of prevention of

safety and health in the work of the ministry responsible for the labour area a

verification of the alteration of the elements that substantiated the authorisation, at the time

of 30 days.

7-In the case referred to in the preceding paragraph, the employer shall adopt another modality of

organization of the safety and health service at work, within 90 days.

8-The appropriate training referred to in the preceding paragraphs shall apply to the provisions of paragraph 2 of the

article 78 para.

9-Workers designated in accordance with paragraph 2 shall not be prejudiced by

find in the exercise of the activities mentioned.

10-The body with competence for the promotion of safety and health in the work of the

ministry responsible for the labour area has 60 days, from the date of entry of the

application, to grant the authorisation or renewal of authorisation referred to in para.

3.

11-Constitute counterordinance very serious the exercise of the activities referred to in paragraphs 1

and 2 without authorization or with the expiry of the permit.

72

SECTION III

Common service

Article 83.

Common service authorization

1-The common service consists of several companies or various establishments

belonging to companies that do not meet in relation to field or group and

uniquely covers workers for whose safety and for whose health those are

responsible.

2-The application for permission shall be accompanied by reasoned opinion of the

representatives of workers for safety and health at work or, failing that, of the

own employees, without prejudice to the provisions of Article 19 (3) and (5) of the Agreement

establishing the common service.

3-The common service authorisation scheme shall apply to the provisions of subsection II, of the

section IV, of this chapter.

4-The application for authorisation referred to in the preceding paragraph shall be carried out,

notably by electronic means, according to model approved by joint porterie

of the members of the Government responsible for the labour area and the area of health.

5-It is vehement to the common service the provision of services to other companies that do not

be part of the agreement provided for in paragraph 2.

6-Constitute counter-ordinance very serious applicable to each company covered by the

common services the violation of the provisions of paragraphs 1 and 2.

73

SECTION IV

External service

SUBSECTION I

General provisions

Article 84.

Notion of external service

1-It is considered external service the one that is developed by entity that, upon

contract with the employer, carries out safety or health activities at work,

as long as it is not common service.

2-The external service can understand the following types:

a) Associates-provided by associations with legal personality without ends

lucrative, the statutory end of which is expressly to understand the provision of service

of safety and health at work;

b) Co-operatives-provided by cooperatives whose statutory object shall understand,

expressly, the activity of safety and health at work;

c) Private-provided by companies of whose social covenant expressly consents the

exercise of safety and health activities at work, or per person

individual, holder of the appropriate legal qualifications;

d) Convenor-provided by any entity of the public administration

central, regional or local, public institute or integrated institution at SNS.

2-The employer may adopt a mode of organization of the different external services

of the types provided for in the preceding paragraph, provided that it is previously authorized, in the terms

of Articles 85 to 97.

74

3-The contract between the employer and the external service provider is celebrated

in writing.

SUBSECTION II

External service authorization

Article 85.

Authorization

1-The services provided for in the paragraph c) of Art. 74 (1) are subject to authorisation.

2-A permission provided for in the preceding paragraph may be granted for activities of a

or both areas of safety and health, for all or some sectors of activity,

as well as for certain high risk activities.

3-A authorization competes:

a) To the competent body for the promotion of safety and health at work

of the ministry responsible for the labour area, in the case of exercise of activity

in the field of security;

b) To the competent body of the ministry responsible for the area of health, in the

case of exercise of activity in the field of health.

4-On the amendment of the permit, with respect to areas of safety and health, sectors

of activity and high risk activities, the provisions of this subsection shall apply.

5-Notwithstanding the autonomy provided for in paragraph 3, the body with competence to

instructing the procedure shall communicate to the other, monthly, applications for permission

for the exercise of external service activity.

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6-Constitui counterordinance very serious the exercise of the activity by external service

without authorization, particularly for the area, the sector or the high risk activity in

cause, attributable to the external service.

7-It is jointly and severally liable for the payment of the fine the employer who contrate

unauthorized service.

Article 86.

Requirements of the authorisation

1-A external service authorization depends on the verification of the following requirements:

a) Minimum technical frame made up of a top technician and a technician

safety at work and by a work doctor, who will exercise the respective

safety or health activities;

b) Facilities suitable and equipped for the exercise of the activity;

c) Equipment and utensils of assessment of safety and health conditions in the

work and personal protective equipment to be used by the technicians and

health professionals in the implementation of the activities provided to the client companies,

where this appears necessary;

d) Technical quality of procedures, particularly for assessment of conditions

of safety and health and planning of activities;

e) Capacity for the exercise of the activities provided for in Article 99 (2), without

loss of recourse to subcontracting only in relation to high tasks

complexity or infrequent in the sectors and activities for which it is

requested authorization.

2-Should the application for permission cover high risk activities, the requirements a

that refers to the preceding paragraph shall take into account the suitability for such activities.

3-Constitutions elements of appreciation of the application for authorization:

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a) The number of technicians with the legally required qualifications, taking into account

the activities of the fields of safety and health for which it is requested

authorization;

b) The nature of the links, as well as the normal periods of work of the

top technical and technical staff of safety and hygiene of the work and the

monthly assignment times to the doctor of work and nurse practitioner;

c) The compliance of plant and equipment with the minimum requirements

of safety and health at work for the activity of office and services;

d) Should you respect the area of health, the minimum requirements provided for the units

private health;

e) The suitability of work equipment for tasks to be developed and the

maximum number of employees of the applicant who, simultaneously, of them

may need;

f) The characteristics of equipment and utensils to be used in the evaluation of

conditions of safety and health at work;

g) The procedures in the field of metrology relating to equipment and

utensils referred to in the preceding paragraph.

4-The manual of procedures is taken into account in the assessment of quality

technique of the same.

Article 87.

Application for authorization

1-A external service permit is required of the competent body, namely

by electronic route, in own model, approved by joint porterie of the members of the

Government responsible for the labour area and the area of health.

2-The applicant shall state:

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a) Who intends to carry out the activity in both areas of safety and health or

only in one of them and which, in one or several sectors of activity and, being the case

of this, the high risk activities involved;

b) By treating from a natural person, their identification through name, numbers of

tax identification and identity card or civil identification number,

domicile and establishments;

c) Dealing with a legal person, the denomination, the identification number of

legal person, the object, the registered office and the establishments.

3-The application must, still, be accompanied by:

a) Copy of the constitutive act of the society, updated, with an indication of the

publication in the Journal of the Republic or on the electronic website of the Ministry of Justice;

b) Proof of enrolment as an entrepreneur on an individual basis;

c) Identification of the superior technical staff and safety technician at work,

medical practitioner and nurse practitioner, as per the field and, being the case,

the activities for which it intends to permit, as well as documents that

prove the respective qualifications;

d) Copy of contracts concluded with the doctors of the work and nurses,

when reduced to written, indicating the monthly allocation time to the activity

of occupational medicine, place of the provision and the period of the duration of the contract;

e) Indication of the activities for which it provides for recourse to subcontracting;

f) The relationship of work equipment to be used at the head office and in establishments;

g) Relation of equipment and utensils, with indication of the respective

technical characteristics, marks, models and serial numbers, to be used at the head office and

in the establishments, for the assessment of safety and health conditions in the

work;

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h) Relation of personal protective equipment to be used in tasks or

activities that would conduct specific risk to safety and health, with

indication of the respective brands and models and, when warranted, of the codes

of marking;

i) Functional chart;

j) Indication of the number of employees it intends to cover with the services

in industrial establishments or other nature with high risk and in the

remaining establishments.

4-The application for permission must, still, be accompanied by elements that

prove the qualification of human resources, as well as the suitability of equipment and

utensils to the activity to be provided.

5-The external service authorisation regime applies the provisions of Article 81 (6).

Article 88.

Procedures for authorisation

1-The competent body shall decide the application after the assessment of the requirements,

including the conduct of surveys or surveys, pursuant to the following article.

2-In addition to the provisions of the preceding article, the competent body may still request the

applicant for the presentation of elements, clarifications and supplementary information that

consider necessary for the good appreciation of the application, as well as proceed with verification

of these same elements at the registered office or establishment of the applicant, before or during the

moment of survey.

Article 89.

Vistories

1-To the body with competence for the promotion of safety and health in the work of the

ministry responsible for the labour area is to check:

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a) The working conditions of the employees of the requesting entity;

b) The facilities taking into account the conditions of operation within the framework of

security;

c) Subcontracting;

d) The operation of the services to be provided in the area of safety at work,

particularly as to the working equipment to be used, the fixtures and

equipment for risk assessment and individual protection;

e) The manual of procedures in the scope of the management of the services to be provided, including

the planning of the activities to be developed, the articulation between the areas of

safety and health, the benchmarks to be used in the framework of procedures

technicians, among which guides to procedures, particularly of organisms

recognised international, codes of good practice and checklists, with the

respective reference to the applicable diplomas and technical standards.

2-To the competent body of the ministry responsible for the area of health it is to check:

a) The facilities, including the mobile units, taking into account the conditions of

operating in the scope of health;

b) The conditions of operation of the service in the area of occupational health,

particularly as for work equipment and equipment to evaluate

health conditions at work;

c) The manual of procedures, in particular, the articulation between the areas of safety

and of health, management of clinical information, transfer of information in case of

termination of contract, quality policy, subcontracting and programs of

promotion and surveillance of health.

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3-Each of the competent bodies referred to in the preceding paragraphs, after

verified the compliance of the requirements susceptible to documentary assessment and in the 60

days after the submission of the application:

a) Marks the date of the survey;

b) Informs of the fact the applicant and the other body, so that they have

knowledge of the same at the minimum of ten days ' time;

c) Notifies the applicant for payment of fee regarding the survey.

4-The competent body draws up the self of survey and communicates the result of the same to the

applicant and the other body referred to in the preceding paragraphs, within ten days.

5-The auto of survey must contain information on the compliance between the requirement

of authorisation and the conditions verified, compliance with technical requirements

legally established, any conditions that you deem necessary to meet and the deadline

for their realization.

6-In the following three days in the course of the period referred to in the preceding paragraph, the

applicant who has carried out the conditions imposed should apply for second survey to

competent body, being applicable with the necessary adaptations to the provisions of the n.

3 a to 5.

7-Determines the dismissation of the application for authorization:

a) The non-fulfilment of the conditions imposed in accordance with paragraph 5;

b) The lack of request for a second survey within the time limit set out in paragraph 6.

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Article 90.

Urgent survey

1-On the date of submission of the application, the applicant may request, with the request of

authorization, the realization of urgent survey, provided that it presents declaration under

commitment of honor in how all requirements that it is not subject to if

find filled.

2-In the case referred to in the preceding paragraph:

a) It is marked surveys, within 30 days of the date of the presentation of the

application and notified the applicant for payment of the respective fee;

b) Being fulfilled the requirements verified by surveys provided for in points

a) a c) of Article 86 (1) and verified the elements referred to in paragraph 3 of the

article 87, the competent body issues the required authorisation;

c) The application must be decided within 45 days from the date of its

presentation.

3-To the realization of the urgent survey the provisions of paragraphs 4 and 5 of the preceding Article shall be applied.

Article 91.

Change of authorization

1-To the application for amendment of the permit, with respect to the activities

developed or the high risk activities in which the service can be provided, is

applicable the provisions of the preceding Articles, taking into consideration only those elements which

should be modified in the face of the required amendment.

2-There is place the new survey if the modified elements depending on the request for change

of the permit to include the facilities, as well as the equipment and utensils

referred to in points e) a g) of Article 86 (3)

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Article 92.

Advance payment of fees

1-Are subject to the payment of fee the following acts:

a) Assessment of the application for authorisation or amendment of this;

b) Marking of surveys under the terms of the paragraph e) of Article 81 (1):

c) Marking of survey in accordance with Article 89 (1);

d) Marking of urgent survey, pursuant to the provisions of paragraph 1 of the Article of 90;

e) Audit of assessment of the capacity and quality of the provision of the services, in the

sequence of the communication referred to in Article 95;

2-The rates referred to in the preceding paragraph shall be set in portaria of the members of the

Government responsible for the areas of finance, labour and health, taking into account the types

of acts, the areas to which they respect them and the integrated high risk activities

in the sectors of activity to which the authorisation relates.

3-The payment of the fee shall be made:

a) In the ten working days after notification of the competent body, in the cases provided for

in the points a) a c) of paragraph 1;

b) Prior to prowound the change decision, when the same does not imply survey;

c) In the ten working days after notification of the date of the conduct of the audit referred to in

point ( d) of paragraph 1.

4-A survey is carried out by establishment, including mobile units.

5-The non-payment of the fees referred to in the preceding paragraphs gives way to the extinction of the

application for authorization.

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Article 93.

Product of fees

The proceeds of the fees revert to the competent body.

Article 94.

Decision

1-A authorisation for the exercise of safety and health activity in the modality of

external services, their amendment and revocation are decided by dispatching the organ that

directs the competent body for the promotion of safety and health in the work of the

ministry responsible for the labour area or the body that runs the competent body of the

ministry responsible for the area of health, under the terms set out in Article 85 (3)

2-A The authorization decision shall specify the areas of safety or health and, if applicable

of this, the high risk activities covered.

3-The competent bodies communicate with each other, on a monthly basis, by electronic means, the

relation of the issued authorizations, indicating the social designation of the company, the identification

tax, the location of the headquarters and establishments, the identity of the administrators or managers,

as well as the date of the authorization.

4-A authorisation for the exercise of safety and health activity in the modality of

external services must be decided within 90 days, from the date of entry of the

request.

5-Without prejudice to the provisions of this Law, it shall be subsidily applicable to the Code of

Administrative Procedure.

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SUBSECTION III

Monitoring and audits

Article 95.

Follow-up

1-The external service shall communicate to the competent body that it has issued the respective

authorization, within 30 days after the occurrence, the interruption or cessation of your

operating, as well as any changes affecting the legal nature and the object

social, the location of the head office or its establishments and still those concerning the requirements

referred to in Article 86 (1).

2-The competent bodies pursuant to this Law shall exchange with each other

information on communications received pursuant to paragraph 1.

3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.

Article 96.

Audit

1-A The capacity of the authorized external services and the quality of their provision is

assessed through auditing, which focuses on the requirements referred to in Article 86 (1)

2-The audits are carried out following the communications referred to in the previous article

or on the initiative:

a) From the competent body for the promotion of safety and health in the work of the

ministry responsible for the labour area or the competent body of the ministry

responsible for the area of health, with regard to the facilities, taking into account the

conditions of safety and health at work;

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b) From the competent body of the ministry responsible for the area of health, in what

complies with the conditions of operation of the service in the area of occupational health,

particularly the effective of technical personnel, recourse to subcontracting,

work equipment at the head office and in establishments and equipment for

assess health conditions, and technical procedures of promotion and surveillance

of health;

c) From the competent body for the promotion of safety and health in the work of the

ministry responsible for the labour area, in relation to the conditions of operation

of the service in the area of safety at work, the effective of technical personnel, recourse to

subcontracting, working equipment at the head office and in establishments,

equipment for the assessment of safety conditions at work and

personal protective equipment.

3-The services referred to in the preceding paragraph may resort to external contracting of

services of specialized technicians, listening to the complexity or technical expertise

of the tasks to be accomplished.

4-In the framework of audits, the quality of the services provided can be assessed through

of control visits to the conditions of safety and health at the places of work of the

companies to whom the services are provided.

Article 97.

Suspension, revocation or reduction of authorisation

1-Taking into consideration the changes communicated in accordance with Article 95 or

verified through auditing, the lack of essential requirements to the functioning of the

external services or still, the verification of the non-exercise of the activities provided for in the article

99., the competent body may suspend, revoke, or reduce the authorisation in the

respects the areas of safety and health, business sectors or activities

of high risk.

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2-A suspension decided in the terms of the preceding paragraph has a maximum duration of

Two years, being compulsorily communicated to the body of the other ministry

competent.

SECTION V

Operation of the safety and health service at work

Article 98.

Objectives

The activity of the safety and health service at work aims to:

a) Ensuring the working conditions that safeguard safety and physical health and

mental of workers;

b) To develop the technical conditions that ensure the implementation of the measures of

prevention defined in Article 16;

c) To inform and train employees in the field of occupational safety and health;

d) Inform and consult with the representatives of workers for safety and health

at work or, in their absence, the workers themselves.

Article 99.

Main activities of the safety and health service at work

1-The service of safety and health at work shall take the necessary measures to

prevent occupational risks and promote the safety and health of workers,

particularly:

a) Planning for prevention by integrating it at all levels and, for the whole of the activities

of the company, the risk assessment and the respective measures of prevention;

b) Carry out risk assessments by elaborating the respective reports;

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c) Draw up the professional risk prevention plan as well as plans

detailed prevention and protection required by specific legislation;

d) Participate in the drafting of the internal emergency plan, including the plans

specific firefighting, evacuation of facilities and first aid;

e) Collaborate in the design of places, methods and organization of the work, as well as

in the choice and maintenance of work equipment;

f) Overseeing the supply, validity and conservation of equipment of

individual protection, as well as the installation and maintenance of the signaling of

security;

g) Carry out health surveillance examinations by drawing up the reports and the chips, well

how to organise and maintain up-to-date clinical records and other elements

informations relating to the worker;

h) Develop health promotion activities;

i) To coordinate the measures to be adopted in the event of serious and imminent danger;

j) Surveying the working conditions of workers in more vulnerable situations;

l) Designing and developing the information programme for the promotion of security

and health at work, promoting the integration of prevention measures in the

information and communication systems in the company;

m) Designing and developing the training programme for the promotion of safety and

health at work;

n) Support the activities of information and consultation of the representatives of the

workers for safety and health at work or, failing that, of their own

workers;

o) To ensure or monitor the implementation of the prevention measures by promoting the

its efficiency and operationality;

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p) Arrange the necessary elements for mandatory notifications;

q) Draw up the mandatory stakes in the event of an accident of work or illness

professional;

r) Coordinate or monitor internal audits and inspections;

s) Analysing the causes of accidents at work or from the occurrence of diseases

professionals, elaborating the respective reports;

t) To collect and organize statistical elements concerning safety and health in the

work.

2-The safety and health service at work shall keep up to date, for the purpose of

query, the following elements:

a) Results of professional risk assessments;

b) List of accidents at work that have occasioned absence from disability

for work, as well as accidents or incidents that take particular

gravity from the perspective of safety at work;

c) Reports on accidents at work that originate absence from disability

for the work or which reveal indications of particular gravity from the perspective of the

safety at work;

d) List of the situations of low by disease and the number of days of absence to

work, to be remitted by the service of personnel and, in the case of diseases

professionals, the relationship of the participates diseases;

e) List of measures, proposals or recommendations formulated by the service of

safety and health at work.

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3-When the activities referred to in the preceding paragraphs imply the adoption of

measures the delivery of which is essentially dependent on other responsible persons of the company, the

safety and health service at work must inform them about them and cooperate

in its execution.

4-The employer shall maintain the documentation relating to the realization of the activities to which

refer to the preceding paragraphs at the disposal of the entities with inspected competence

for five years.

5-Constitute counter-ordinance grave the violation of the provisions of this article.

Article 100.

Qualification of internal and common service

1-A The organisation of internal services and common services must meet the requirements

defined in the points b) a e) of Article 86 (1), as well as, as to resources

humans, to the provisions of articles 102 and 106.

2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.

SECTION VI

Safety service at work

Article 101.

Technical activities

1-The technical safety activities at work are carried out by senior technicians

or safety and hygiene technicians at work, certified by the competent body

for the promotion of safety and health in the work of the relevant ministry for the area

labour, in the terms of special legislation.

2-The professionals referred to in the preceding paragraph shall carry out their respective activities with

technical autonomy.

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3-Constituent counterordinance serious, attributable to the employer, the hiring of technician

which does not gather the requirements identified in paragraph 1.

Article 102.

Minimum guarantee of operation of the safety service at work

1-A The activity of the security services shall be ensured on a regular basis on the own

establishment during the time required.

2-A The allocation of the superior or technical technicians to the safety activities at work,

per company, is established on the following terms:

a) In industrial establishment-up to 50 workers, 1 technician, and, above 50, 2

technicians, for every 1500 workers covered or fraction, being at least one

of them technical top;

b) In the remaining establishments-up to 50 workers, 1 technician, and, above 50

workers 2 technicians, for every 3000 workers covered or fraction, being

at least one of them top technical.

3-The competent body for the promotion of safety and health in the work of the

ministry responsible for the labour area may determine a wider duration of the

activity of the security services in establishment in which, regardless of the

number of employees, the nature or severity of occupational hazards, as well as the

indicators of claims, if more effective action is warranted.

4-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraphs.

Article 103.

Information and consultation of safety and health service at work

1-The employer must provide the security services at work with the elements

technicians on the equipment and the composition of the products used.

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2-The security services at work must be informed about all changes

of the material components of the work and consulted, in advance, on all the

situations with possible repercussion in the safety of workers.

3-The information referred to in the preceding paragraphs shall be subject to professional secrecy, without

injury of the relevant information for the protection of safety and health should be

communicated to the employees involved, where this proves necessary, and to the

representatives of workers for safety and health at work.

4-Constitute counter-ordinance grave the violation of the provisions of paragraphs 1 and 2.

SECTION VII

Health service at work

Article 104.

Doctor of work

1-For the purposes of this Law, the medical practitioner's degree in Medicine is deemed to be the work doctor

with a specialty of occupational medicine recognized by the Order of Physicians.

2-Consider, still, doctor of the work, the one to whom it is recognized idoneity

technique for the exercise of their respective functions, under the law.

3-In the case of proven insufficiency of qualified work doctors in the terms

referred to in the preceding paragraphs, the competent body of the ministry responsible for

area of health may authorize other medical graduates to exercise respective

functions, which, within four years of the respective authorisation, must

present proof of the achievement of specialty in occupational medicine, under penalty of them

be vetted as a continuation of the exercise of the said duties.

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Article 105.

Nurse practitioner of the work

1-In company with more than 250 employees, the work doctor must be coadjured

by a nurse practitioner with proper experience.

2-Activities to be developed by the nurse practitioner are the subject of legislation

special.

3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.

Article 106.

Minimum health service health service guarantee at work

1-The working doctor must provide activity during the number of hours required to

realization of medical, routine or emergency acts and other work that should

coordinate.

2-The working doctor must know the material components of the work with

influence on the health of workers developing for this purpose the activity in the

establishment, in the following terms:

a) In industrial establishment or establishments of another nature with risk

high, at least one hour per month for each group of 10 workers or

fraction;

b) In the remaining establishments, at least one hour per month per each group of

20 workers or fraction.

3-The working doctor is prohibited to ensure the health surveillance of a number of

workers to which they correspond more than 150 hours of activity per month.

4-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraphs.

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Article 107.

Access to information

The working doctor has access to the information referred to in Article 103 (1) and (2), the

which are subject to professional secrecy, pursuant to the provisions of paragraph 3 of the same

article.

Article 108.

Surveillance of health

The technical responsibility of health surveillance rests with the doctor of the work.

Article 109.

Health examinations

1-The employer must promote the realisation of health examinations to assess fitness

physics and psychics of the worker for the exercise of the activity, as well as the repercussion

of this and the conditions under which it is provided in the health of the same.

2-Health surveillance consultations shall be carried out by medical practitioners who gather the

requirements set out in Article 104.

3-Without prejudice to the provisions of special legislation, the following shall be carried out

health exams:

a) Entrance exams, prior to the start of the work provision or, if the urgency of the

admission to justify, in the following 15 days;

b) Regular, annual exams for minors and for employees with age

greater than 50 years, and every two years for the remaining workers;

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c) Occasional examinations, whenever there are substantial changes in the components

working materials that may have harmful repercussions on the health of the worker,

as well as in the case of return to work after an absence exceeding 30

days by reason of illness or accident.

4-The doctor of the work, in the face of the health status of the worker and the results of the

prevention of occupational risks in the company, can reduce the periodicity of examinations

predicted in the previous number.

5-The working doctor must take into consideration the result of examinations to which the

worker has been submitted and who maintain timeliness, and shall institute the

necessary cooperation with the assistant physician.

6-Constitute counter-ordinance grave the violation of the provisions of paragraphs 1 and 3, as well as the

use of unauthorized medical service pursuant to Art. 104, attributable to the

employer.

Article 110.

Clinical fact sheet

1-The clinical observations relating to health examinations are noted in the clinical charge sheet of the

worker.

2-A Clinical fact sheet is subject to professional secrecy, and may only be provided to the

health authorities and medical practitioners assigned to the body with competence for the

promotion of safety and health in the work of the ministry responsible for the labour area.

3-For the purposes of the provisions of the preceding paragraphs, the clinical fact sheet shall not contain data

on the race, nationality, ethnic origin or information about personal habits of the

worker, save when the latter are related to specific pathologies or

with other health data.

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4-The doctor responsible for health surveillance must deliver to the worker who leaves

of providing service in the company copy of the clinical charge sheet.

5-In the event of a cessation of business, clinical data sheets should be sent to the service

with skills for the recognition of occupational diseases in the area of safety

social.

6-Constituent counterordinance leads to violation of the provisions of this Article, attributable to the

employer in the case of internal service, or to the joint service holder or

external service that is not conventionalized.

Article 111.

Fact sheet

1-Face to the result of the entrance exam, periodical or occasional, the doctor of work

must, immediately following the examination carried out, fill out a fitness sheet and

refer, within 24 hours, a copy to the responsible human resources officer of the

company.

2-If the result of the health check reveals the inaptitude of the worker, the doctor of the

work must indicate, being the case, other functions that that one may perform.

3-A The aptitude fact sheet may not contain elements involving professional secrecy.

4-A fitness sheet must be given to know the worker.

5-Where the repercussion of the work and the conditions under which the same is provided if

disclose harmful to the health of the employee, the work doctor must communicate such a fact

to the responsible for the safety and health service at work.

6-The model of the fitness fact sheet is set by joint porter of the members of the Government

responsible for the labour area and the area of health.

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7-Constitute counterordinance leads to violation of the provisions of the n. ºs 1, 2, 3 and 4, being the

same attributable to the employer in the case of internal service, or to the titular entity of

common service or external service that is not conventionalized.

CHAPTER VII

Supplementary, final and transitional provisions

Article 112.

Communications

1-Without prejudice to other notifications provided for in the Act, the employer shall report to the

competent body for the promotion of safety and health at work the accidents

mortals, as well as those evidencing a particularly serious situation, in the 24

hours following the occurrence.

2-A communication provided for in the preceding paragraph shall contain the identification of the worker

crashed and the description of the facts, and shall be accompanied by information and

respective records on the working times provided by the worker in the 30 days that

preceded the accident.

3-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraphs.

Article 113.

Information on the annual activity of the safety and health service in the

work

The employer must provide, in the frame of the information relating to the social activity of the

company, information on the annual activity developed by the security service and the

health at work in each establishment.

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Article 114.

Notifications and communications

The notifications and communications of the liability of the employer provided for in the present

law is carried out in electronic model approved by joint porterie of the members of the

Government responsible for the labour area and the area of health.

Article 115.

Advertised list of authorizations

The competent bodies pursuant to this Law shall keep an update of a list with

indication of the authorizations issued, with express indication of those which are

repealed, suspended or with scope of reduced authorization, advertised in the respective

electronic pages.

Article 116.

Ancillary sanctions

1-In the case of very serious counterordinance or recidivism in serious counterordinance,

practiced with dolo or gross negligence, it is applied to the agent the ancillary sanction of

advertising, pursuant to the terms set out in the Labour Code.

2-In the case of recidivism in counterordinance provided for in the preceding paragraph, having in

account for the gravy effects for the employee or the economic benefit withdrawn by the

employer with the default, may still be applied to the agent as follows

ancillary sanctions:

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a) Interdiction of the exercise of activity in the establishment, in the fApril unit or in the

shipyard where to check the offence, for a period up to two years;

b) Deprivation of the right to participate in public pitching or contests, by a

period up to two years.

Article 117.

Incidence and severity rates of accidents at work

For the purposes of this Law, the average incidence and severity rates of accidents of

work of the sector are those ascertained by the competent body for the production of

labour statistics of the ministry responsible for the labour area, concerning the data of the

social balance sheets referring to the last few years with available ascertainments.

Article 118.

Transitional arrangement of authorisation

1-The provisions of Section IV of Chapter VI shall apply to applications for permission

required prior to the date of entry into force of this Law.

2-The entities which, on the date of the entry into force of this Law, shall meet with request

of permission in the assessment phase, must, within 30 days, apply for the body

competent the marking of the survey provided for in Article 89 para.

3-A lack of application for survey in the terms of the preceding paragraph determines the extinction of the

process.

4-In cases provided for in paragraph 2, the time limit for granting the permit resumes the

count from the date of the application for marking of survey, being extended to 120

days.

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Article 119.

Amendment of statutes

The authorised entities that meet to provide safety and health activities in the

work in the external service modality, of the associative type, dispose of a year, the

count of the date of entry into force of this diploma, to adapt their statutes

in accordance with the provisions of paragraph a) of Article 84 (2)

Article 120.

Autonomous Regions

In the application of this Law to Autonomous Regions are taken into account the competences

legal assigned to their respective regional bodies and services.

Article 121.

Abrogation standard

1-Are revoked:

a) The Decree-Law No 441/91 of November 14;

b) The Decree-Law No 26/94 of February 1;

c) The Decree-Law No 29/2002 of February 14;

d) The Portaria No. 1179/95 of September 26.

2-A the revocation of the Portaria No. 1179/95 of September 26, which approved the model of

notification of the modality adopted by the employer for the organisation of the service of

safety and health at work, it produces effects from the entry into force of the porterie to

Referring to Article 114 para.

100

Article 122.

Entry into force

This Law shall come into force on the 1. day of the month following that of its publication.

Seen and approved in Council of Ministers of May 7, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs