The Legal Framework For The Promotion Of Safety And Health At Work

Original Language Title: Regime jurídico da promoção da segurança e saúde no trabalho

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449344d7931594c6d527659773d3d&fich=ppl283-X.doc&Inline=false

1 PROPOSAL of Act No. 283/X/4th the Decree-Law No. 441/91 of 14 November, ensured the transposition into domestic law Council Directive No. 89/391/EEC of 12 June on the introduction of measures to encourage improvements in the safety and health of workers at work. So, for more than a decade this cool device regulated all the fundamental standards relating to safety and health at work. Subsequently, with a view to simplifying the legislation and based on ideals of systematization and codification of labour law, laws Nos. 99/2003 of 27 August and 35/2004, of 29 July, came to integrate some of the provisions contained in that degree of national framework of safety and health at work. However, they did not completely, therefore causing some difficulties of interpretation and application of legal mechanisms defined. This Bill seeks to promote the unification of key materials for safety and health at work and focus its ratio enquadradora in the following guidelines:  need to promote the key objectives of the national strategy for safety and health at work 2008-2012, adopted by Council of Ministers resolution No. 59/2008, of April 1, including improving the coordination of public services exercising powers in the field of safety and health at work; the improvement and simplification of the specific standards of safety and health at work and the improvement of the quality of service provision of safety and health at work, through the development of skills of their players;

 2 need to give practical expression to the measures set out in the tripartite agreement for a new system of Regulation of labour relations, employment policies and Social protection in Portugal, concluded in July 2008, which provides in the context of simplification and de-bureaucratization of relations between workers, employers and the Administration, the adoption of mechanisms to simplify the authorization process of external services of safety and health at work and the provision of online forms for fulfill much of the communications that the system of safety and health at work includes;  Finally, the labour code, in its current version approved by law No 7/2009, of 12 February, establishes only the fundamental standards of the system of safety and health at work, accidents at work and occupational diseases, determining the need to be in specific degree regulations, in particular with regard to the genetic heritage protection regime so far provided for in articles 41 to 65 of Act No. 35/2004, of 29 July. It should be noted that specific regulations that approves an amendment intends to introduce deep not to the current legal regime, but only to materialize the policy enshrined in the previously referenced instruments, taking advantage to correct situations that have proved to be inadequate in its practical application. In this way, the primary change to the proposed law contemplates relates to the introduction of new rules in the procedure of authorization of external service provider of safety and health at work. So, in this context, in section IV under the heading external Service, chapter VI under the heading Service of safety and health at work, the diploma the following innovative aspects:  3 Empowerment processes, as in the case of authorization to pursue the activities of a safety or health at work. In this way, the authority for working conditions and decides the processes relating to the area of security and the Directorate-General of health directs and decides the processes related to the health area;  the authorization for the exercise of the activity in the areas of safety and health, cumulatively, is also granted autonomously by each of the bodies mentioned, thereby giving rise to two orders of authorization for different areas, with different dates and possibly with different directions, so the institution can be allowed to labor in an area before the other or be authorized for only one of these areas. Despite the autonomy envisaged, the competent body to instruct the procedure, must communicate to each other, on a monthly basis, applications for authorisation received;  the jurisdiction to make the order of authorization of activities becomes committed to delegate much of the competent body;  Introduction of ' urgent ' survey figure that corresponds to a swift instrument to be used by entities consider meet all requirements for obtaining the authorization;  definition of a transitional regime for entities that are with applications for authorisation under review prior to the entry into force of this law, which stipulates that the same shall require the marking of an inspection to the competent authority, within a period of 30 days. The lack of inspection request determines the dismissal;



 4 mechanisms that enable an effective quality control of the provision of services – obligation of results-through the introduction of a correct framework of verification instruments: audits and monitoring of the activity;  requirement of the payment of fees in time before the beginning of the assessment and of the arraignment and before completion of the surveys, and the non-payment of the fees gives way to extinction of the application for authorisation;  happens to be considered jointly and severally liable for payment of the fine the employer to hire the service of an unauthorized entity. Another environmental aspect of this proposed law is introduced in chapter V, sections I and II, which consists of a new approach in regulating genetic heritage protection, where the following characteristics:  the delimitation of the subject of the regulation of the protection of the gene pool isn't done by reference to a closed list of aggressive agents upgradeable by order Since this legislative technique is no longer used from the approach proposed by the directive no. 89/391/EEC, be made by the global definition of the causal agents, namely chemical, physical, and psychosocial and biological characterization of unwanted effects on the genetic heritage, accompanied by an illustrative and non-exhaustive list;  the proposed legislation is not made by pasting texts extracted from the preexisting regulations on the protection against chemical agents, carcinogens and biological agents, to the extent that the subject-matter of the regulations exceeds the of these agents;  However, this Bill assumes the existence of this and other rules on minimum safety and health at work that can be mobilised in accordance with the typology of offending agent;

 5 to that extent, the regulation of this matter proceeds to the transposition of any degree of secondary Community law, in particular greater requirement of the national law as regards the adverse effects which can be allocated to the reproductive capacity of male and female;  the illustrative list of aggressive agents to the genetic heritage shall be made by a process of selection of those that scientific knowledge has already determined, without doubt, the existence of a causal link between the cause and effect;  aspects relating to prevention and protection activities required are treated by reference to other standards that deal with the same chemical, physical, biological, psychosocial and carcinogens, deserving a specific approach in three ways: (i)) the ' risk assessment ' to emphasise the need for a specific treatment and identification of exposed persons; II) "information" to which the social actors may be aware of the dangers they face in this area and iii) "health surveillance" by monitoring and preventive role it plays in this particular policy area. Are other innovative aspects to this Bill: enshrines  Resumes, in terms of content and systematization, some fundamental definitions contained in the transposition of Directive No. 89/391/EEC framework directive on safety and health at work, which were omitted or not properly developed in law No. 99/2003 of 27 August and law No 35/2004 , 29 July;

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 Systematizes and clarifies an essential aspect of prevention of occupational risks and their management system at the level of companies and establishments: the General principles of prevention, strategic and methodological frame of reference from which and with respect of their definitions should be materialized, the measures to be taken to prevent the health and physical integrity of workers;  Defines and clarifies the concept of national system of occupational risk prevention and spells out its key role in the context of the development of policies for safety and health at work, as well as its elements integrators;  highlights the importance of regulatory and technical guidelines issued by the International Labour Organization and the World Health Organization, to which our country is obliged, by virtue of the commitments made, in particular as regards the management systems of safety and health at work;  defines the context of the development of the activities of the security and health at work, restricting the ability of organizations to provide service at the same time in different types of service organization;  technical activities Explicit in the field of safety and health at work, associating his execution to the requirement for demonstration of skills appropriate to the respective year;



7  Introduces essential details in the area of General obligations of employers and workers, relating them directly with the hierarchy of principles of occupational risk prevention, essential matrix for a correct application of these;  Introduces conceptual simplifications with regard to arrangements for the Organization of safety and health service, and the internal service of match situations in which entities are organized in relation to group;  under this scheme, clarifies the question relating to the fisheries and the use of the term fishing arrangements of company, which appeared ambiguous interpretation, replace it, according to the definitions of the European Union, for fishing in vessels with length up to 15 metres in the fishing fleet or no employer equivalent;  Normalizes the procedures relating to treatment at charts, in cases of termination of the activity of entities;  administrative regime level and similarly adopted legislative option in the new labour code, join the frame against-ordenacional to each of the regulatory provisions.  recognising that Council Directive 89/No. 391/EEC of 12 June aimed at private sector workers without distinction and public sector workers, and in the light of the Central designs of simplification and unification which governed the drafting of this law, it was considered that this would be the time and the privileged diploma to consecrate its application expressly to workers in public functions , in part to accurately optimize or accruing to the arrangements laid down in law No. 59/2008, of 11 September. The regime of employment contract in public functions, therefore, applicability subsidiary. In addition to the 8 rules and principles that continues to commit fully to the safety and health at work, comes this law proposal benefit you in certain matters: General principles and occupational risk prevention system; identification of all risk factors; communication of acceptance of term workers; no relevance for the purposes of credit hours, the meetings with the management bodies of the company; training of representatives of workers; genetic heritage protection; activities prohibited or conditioned to pregnant workers, workers who have recently given birth or are breastfeeding; validation of proper training by the national qualifications system; criteria for the creation or abolition of internal services; types of external services; list of incidents; technical activities and minimum guarantee of operation, under the health services; nurse of work, minimum guarantee of operation and chart list of incidents; technical activities and minimum guarantee of operation. Consultations were promoted to the autonomous regions of the Azores and Madeira, to the National Commission for Data Protection, the National Association of Portuguese municipalities and the National Association of Portuguese Parishes and, through public discussion in Parliament, must be operated all the procedures necessary to ensure the participation of representative structures of workers and employers, in accordance with the provisions of articles 470.º and 472.º of the labour code. The social partners were ears with seat in the Permanent Committee of Social dialogue. It should be noted, finally, that the main changes introduced by this law proposal was submitted on the headquarters of the National Council for occupational safety and health. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 9 CHAPTER I General provisions SECTION I subject matter, scope and concepts 1-article 1 subject-matter this law regulates the legal regime of prevention of safety and health at work, in accordance with article 284.º of the labour code with regard to prevention. 2-the present law regulates still: a) the protection of pregnant worker who has recently given birth or are breastfeeding, in case of activities that are likely to present specific risk of exposure to agents, processes or working conditions, as provided for in paragraph 6 of article 62 of the labour code; b) minor protection in case of work which, by its nature or the conditions in which they are provided, are detrimental to your physical, psychic and moral development, as provided for in paragraph 6 of article 72 of the labour code. Article 2 transposition of Community directives 1-this law transposes to the internal legal order the directive no. 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, as amended by Directive 2007/30/EC of the Council of 20 June.

10 2-this law complements the transposition of the following EEC directives:) Directive No. 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship; b) Directive No. 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health of pregnant workers, workers who have recently given birth or are breastfeeding; c) Directive No. 94/33/EC of 22 June 1994 on the protection of young people at work; d) with regard to the protection of the genetic heritage, directives containing minimum requirements for safety and health at work against the chemical, physical and biological agents, in particular the directive 90/394/EEC of the Council of 28 June, on the protection of workers from the risks related to exposure to carcinogens at work, as amended by Directive n° 97/42/EC , of the Council of 27 June, and by Directive No. 1999/38/EC, of 29 April, Directive No. 90/679/EEC, of 26 November, on the protection of workers from the risks related to exposure to biological agents at work, as amended by Directive n° 93/88/EEC of the Council of 12 October and the directive no. 98/24/EC , of the Council of 7 April, on the protection of the health and safety of workers from the risks related to chemical agents at work. Article 3 Scope 1-this Act applies:


11 a) all industries, private or cooperative sectors and; (b)) for the public sector, without prejudice to the provisions of article 4; (c)) to the employee and their employer, including legal persons governed by private non-profit; (d)) to the self-employed. 2-in cases of family farms, the pursuit of the activity of fishing vessels with length up to 15 in meters, not belonging to the fishing fleet of shipowner or equivalent employer and the activity carried out by craftsmen in own facilities, applies the arrangements established for the self-employed. 3 – the principles laid down in this law are applicable to the domestic service, always deemed compatible with its specificity. Article 4 Application for workers in public functions 1-Without prejudice to the application of law No. 59/2008, of 11 September, the workers serving in direct, indirect services, regional and local levels, as well as in the organs and services referred to in paragraph 3 of article 3 of law No 12-A/2008, of 27 February, the following substances of this law : a) General principles and occupational risk prevention system; b) identifying all risk factors; c) communication from the admission of contract workers the right word; d) relevance, for the purposes of credit hours, the meetings with the management bodies of the company; and employees ' representatives) training; f) genetic heritage protection;

12 g) prohibited activities or conditioned to pregnant workers, workers who have recently given birth or are breastfeeding; h) validation of proper training by the national qualifications system; I) criteria for the creation or abolition of internal services; j) types of services; l) list of incidents; m) under the occupational safety service, technical activities and minimum guarantee of operation; n) under the occupational health services, nurse of work, minimum guarantee of operation and medical records. 2 – this law shall not apply to public administration activities whose exercise is conditioned by security or emergency criteria, in particular the armed forces or the police, as well as the specific activities of the civil protection services, without prejudice to the adoption of measures to ensure the safety and health of employees. 3 – The services referred to in paragraph 1 shall be treated, for the purposes of the definition of the values of the fines, the company with turnover less than € 10 000 000. 4-the leaders are responsible for disciplinary legal standards on safety and health at work. 5 – the practice by the Manager of very serious infraction or recurrence in against-serious, with intent or gross negligence, may be cause for removal of same. 6-the application of the regime for offences to the services referred to in paragraph 1 shall take effect from 1 January 2011.

13 Article 5 concepts for the purposes of this law: (a)) worker, a natural person who, through retribution, if obliged to provide a service to an employer, as well as the tirocinante, the trainee and apprentice that is on the economic dependence of the employer by reason of the work and the result of its activity; b) ' self-employed person ' means a natural person pursuing an activity as a self-employed person; c) ' Employer ' means a natural or legal person with one or more workers to its service and responsible for the undertaking or establishment or, in the case of non-profit organizations, holding responsible for hiring workers; d) ' workers ' Representative, the employee elected to exercise functions of workers ' representation in the fields of safety and health at work; e) ' place of work ', the place where the worker is or where or where I should go because of his work, in which it is directly or indirectly subject to the control of the employer; f) «work» material components, the workplace, working environment, tools, machines, equipment and materials, substances and chemical, physical and biological agents, work processes and the organisation of work; g) ' hazard ' means the intrinsic property of a facility, activity, equipment, an agent or other component work material with the potential to cause harm;

2:00 pm) ' risk ' means the likelihood of materialisation of the damage according to the terms of use, or exposure component work material interaction which present danger. I) ' prevention ' means the set of public policies and programmes, as well as provisions or measures taken or planned in licensing and in all stages of the activity of the undertaking, establishment or service in an integrated manner, aim to prevent, eliminate or reduce occupational hazards to which they are potentially exposed workers. SECTION II general principles and occupational risk prevention system article 6 General principles 1-the employee has the right to work in conditions that respect your safety and your health, provided by the employer or, in the situations identified in the law, by the natural or legal person, who holds the management of the premises in which the activity is developed. 2-must ensure that economic development promotes the humanization of work in health and safety conditions. 3-occupational risk prevention must be based on a correct and constant risk assessment and be developed according to the principles, policies, rules and programmes aimed at, inter alia: a) the design and implementation of the national strategy for safety and health at work;



15 (b)) the definition of the technical conditions governing the design, the manufacture, importation, sale, disposal, installation, organization, use and transformation of the material components of the work according to the nature and degree of the risks, as well as the obligations of persons for such responsible; c) the determination of substances, agents or processes that should be prohibited, limited or subject to authorisation or the supervision of the competent authority, as well as the definition of worker exposure limits to chemical, physical and biological agents and the technical standards for sampling, measurement and evaluation of results; d) the promotion and monitoring of the health of the worker; and increasing the technical research) and applied science 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 improvements in the safety and health at work; g) sensitization of society, in order to create a genuine culture of prevention; h) the efficiency of the public system of inspection of the enforcement of legislation concerning the safety and health at work. 4-the development of policies and programs and the application of measures referred to in the preceding paragraph must be supported by a coordination of resources available for the evaluation of the results concerning the reduction of occupational risks and the damage to the health of the worker and the mobilization of that depends on its execution, particularly employers, workers and their representatives.

Article 7 16 National System of occupational risk prevention 1-the national system of occupational risk prevention aims to right to gross safety and health at work, by safeguarding the coherence of the measures and of the effectiveness of intervention of public, private or cooperative entities carrying on, in that context, skills in the areas of regulation, licensing, certification , standardisation, research, training, information, consultation and participation, technical services of prevention and health surveillance and inspection. 2-the State must promote the development of a national network for the prevention of occupational risks in the areas referred to in the preceding paragraph, consisting of own services. 3-the State may also support and enter into agreements with private entities or cooperatives with technical capacity for carrying out actions in the field of safety and health at work. 4-in the fields of safety and health at work must be developed the cooperation between the State and the representative organizations of workers and employers, and at the level of the undertaking, establishment or service, between the employer and workers ' representatives and these. Article 8 policy development, coordination and evaluation of results 1-the ministries responsible for labour and area by area of health proposes the promotion policy setting and monitoring of safety and health at work.




17 2-The proposals referred to in the preceding paragraph shall seek to develop complementarities and interdependencies between the fields of safety and health at work and the Social security system, the national health service, environmental protection and the Portuguese quality System (SPQ). 3-The public services responsible for licensing, certification or other authorization for the exercise of an activity or assignment of a right to such an exercise should exercise its jurisdiction in order to promote safety and health at work. 4-the coordination of policy measures and the evaluation of results, in particular regarding the inspection activity, it is up to the competent bodies of the Ministry responsible for labour area. 5-policy measures adopted and the results of the assessment and of the inspection designed for safety and health at work, as well as the statistical information on accidents at work and occupational diseases, should be the subject of annual publication and of adequate disclosure. 6-for the purposes of the preceding paragraph, the statistical information should allow the characterisation of accidents and occupational diseases, in order to contribute to epidemiological studies, enabling the adoption of methodologies and criteria suitable for the design of programmes and measures of national and sectoral prevention and control journal results. Article 9 Appointment and 1-participation In promotion and evaluation at the national level, policy measures in the field of safety and health at work must be ensured the consultation and participation of the most representative organizations of employers and workers.

18 2-for the purposes of the preceding paragraph, the organisations of employers and workers with seat in the Standing Committee of Social dialogue (CPCS) must integrate: a) the National Council for health and safety at work (CNHST); b) the Advisory Council for the promotion of safety and health at work of the authority for working conditions. Article 10 education, training and information on safety and health at work 1-the State must pursue integration of contents on safety and health at work in 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 in preparation for working life. 2-the State promotes the integration of contents on safety and health at work in the education and vocational training, so as to enable the acquisition of knowledge and habits for the prevention of accidents at work and occupational diseases. 3-the State promotes training and information aimed at employers and workers, as well as information campaigns and public clarification in matters of 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 encouragement by the State of research in the area of safety and health at work must be guided in particular by the following vectors: 19 a) support for the creation of structures for research and postgraduate 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 knowledge and progress of the investigation; d) encouraging participation in international programs; and encouraging the study of good) practices on organizational systems and operation of preventive activities. 3-the encouragement of research, experimental development and demonstration must be directed predominantly to the improvement of occupational risk prevention and the protection of workers ' health. Article 12 1 Standards-the standards and technical specifications in the area of safety and health at work relating, in particular, the methodologies and procedures, sampling criteria, the certification of products and equipment are approved under SPQ. 2-practice guidelines developed by the International Labour Organization and the World Health Organization, as well as the 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 health and safety at work, as well as in the production of goods and equipment. Article 13 licensing and authorisation to produce legislation on licensing and operation authorization contains the specifications appropriate to the occupational risk prevention and health protection.

20 article 14 safety of machinery and work equipment 1-in the framework of prevention and safety of equipment should any natural or legal person who manufactures machinery, apparatus, tools, plant and other equipment for professional use to proceed with investigations and operations necessary to ensure that, in the design phase and during manufacturing, are, as far as possible, eliminated or reduced to a minimum any risks such products might pose for the health or the safety of people and ensure proper certification, before the release on the market, compliance with the requirements of applicable health and safety. 2-any natural or legal person who import, sell, rent, give in to any title or put on display machines, apparatus, or tools for professional use: a) to proceed or proceed to tests and checks necessary to ensure that the construction and State of such work equipment are so as not to present a risk to the safety and health of workers provided that the use of such equipment is made correctly and as intended, except where such equipment are duly certified; b) take the necessary measures to ensure that machinery, appliances, tools or facilities for professional use are attached instructions, in Portuguese, as the Assembly, use, conservation and repair of same, stating, in particular, how shall the workers responsible for carrying out these tasks, in order to prevent risks to their safety and health and of other people.

21 3-any natural or legal person to proceed to the Assembly, placing, repair or adaptation of machines, apparatus, or tools for professional use shall ensure, to the extent possible, that as a result of those operations, such equipment does not present a risk to the health or safety of persons, provided that their use is carried out correctly. 4-machines, equipment, tools and facilities for professional use can only be provided or placed in service since the security marking, the name and address of the manufacturer or the importer, as well as other information to identify clearly the same and prevent the risks in its use. 5-in the case of exhibitions, demonstrations and exhibitions, when the machinery, apparatus, tools and equipment for professional use are without the security guards, normal must be indicated in such a way as to be clearly visible, safety precautions, as well as the impossibility of acquisition of this equipment as are presented. 6-the competent authorities shall publish periodically the specifications to be complied with in the area of safety at work, in order to ensure the prevention of conception and to facilitate their administrative procedures. Article 15 Supervision and investigations 1-inspection body with competence of the Ministry responsible for labour area controls the enforcement of legislation concerning the safety and health at work and applies the sanctions corresponding to your breach, without prejudice to specific skills of other entities.




22 2-it is the body referred to in paragraph 1 to carry out investigation in the event of an accident at work showing a mortal or particularly serious situation. 3-In cases of occupational disease or other health damage occurred during work or related to, the competent body of the Ministry in charge of health, through the health authorities, and the competent body of the Ministry responsible for social security may also promote the completion of the investigation. 4-workers ' representatives may submit their comments to the competent agency responsible for inspection of the Ministry of labour or other competent authority, on the occasion of visit or supervision to the company or establishment. 5-workers ' representatives may request the intervention of the competent body responsible for the inspection of the Ministry of labour always to check that the measures taken and the facilities provided by the employer are insufficient to ensure the safety and health at work. CHAPTER II general obligations of the employer and the worker article 16 General obligations of the employer 1-the employer must assure the worker safety and health conditions in all aspects of their work. 2-the employer must ensure, continuously and permanently, by the pursuit of the activity in health and safety conditions for workers, taking account of the following general principles of prevention: 23 a) identification of foreseeable risks in all the activities of the undertaking, establishment or service, in the design or construction of facilities, premises and work processes, as well as in the selection of equipment substances and products, with a view to eliminating them or, when this is not feasible, to reduce its effects; b) integration of the assessment of the risks to safety and health of workers in all the activities of the undertaking, establishment or service and shall adopt the appropriate measures of protection; c) combating the risks at source, in order to eliminate or reduce exposure and increase the levels of protection; d) verification that exposures to chemical, physical risk factors, biological and psychosocial workplace do not constitute a risk to the health or safety of the worker; e) adapting work to the worker, especially as regards the design of workplaces, the choice of work equipment and the working and production methods, with a view to, inter alia, alleviating monotonous work and repetitive work and psychosocial risks; f) adaptation to technical progress, as well as new forms of work organisation; g) Replacement of what is dangerous and it is free from danger or less dangerous; h) Prioritization of collective protection measures in relation to individual protection measures; I) Preparation and dissemination of understandable instructions and appropriate to the activity developed by the worker.

24 3-without prejudice to the other obligations of the employer, the preventive measures implemented must be escaped and match the result of the assessment of the risks associated with the various stages of the production process, including the preparatory activities, maintenance and repair in order to obtain as a result effective levels of protection of the safety and health of the worker. 4-whenever entrusted tasks to a worker, should be considered their knowledge and skill base for safety and health at work and the employer provide the information and training necessary for the development of the activity in health and safety conditions. 5-where necessary access to areas of high risk, the employer must allow access only to workers with skills and training, for the minimum time necessary and the conditions necessary for the protection of their safety and health. 6-the employer must take action and give instructions to enable the worker in the event of serious and imminent danger that cannot be technically avoided, cease their activities or move away immediately at the place of work, without which can resume activity while that danger persists, save in exceptional cases and provided that ensured adequate protection. 7-the employer must take into account, in the Organization of means of prevention, not only the employee, but also third parties likely to be covered by the risk of carrying out the work, whether you want premises abroad. 8-the employer must ensure the surveillance of workers ' health in the light of risks that are potentially exposed in the workplace.

25 9-the employer must establish in the field of first aid, fire-fighting and evacuation, the measures to be taken and the identification of workers responsible for their implementation, as well as ensure the necessary contacts with the competent external entities to carry out those operations and the medical emergency. 10-in the implementation of preventive measures, the employer must arrange adequate services, internal or external to the enterprise, establishment or service, mobilizing the necessary resources, in particular in the fields of technical activities of prevention, training and information, as well as protective gear it becomes necessary to use. 11-legal or conventional requirements of safety and health at work laid down to be applied in the enterprise, establishment or service must be observed by the employer. 12-the employer supports the costs of the Organization and running of the Office of safety and health at work and other preventive measures, including tests, reviews of exhibitions, tests and other measures of occupational risks and health surveillance, without imposing any financial burden to workers. 13-for the purposes of this article, and safeguarding mutatis mutandis the self-employed is equated with employer. 14-Is very serious infraction violation of paragraphs 1 to 12.



26 article 17 simultaneous or successive Activities in the same workplace 1-When several companies, institutions or services develop, at the same time, activities with their employees in the same workplace, should their employers, having regard to the nature of the activities that each one develops, cooperate in the sense of protection of the safety and health. 2-Notwithstanding the responsibility of each employer shall ensure the safety and health, as for all the workers referred to in the preceding paragraph, the following entities: a) the user undertaking, in the case of workers in temporary employment scheme; (b)) the assignee company, in the case of workers under occasional providing; c) company in whose facilities other workers provide service as self-employed, independent or under contract to provide services; d) in all other cases, the company organisation of work or service, should ensure the coordination of other employers through the Organization of safety and health at work. 3-the user company or organisation of the work or the service must ensure that the successive exercise of third party activities on its premises or with the equipment used does not pose a risk to the health and safety of their workers or temporary workers, assigned workers to occasionally or of service contractors. 4-Is very serious infraction the breach of the provisions of paragraphs 2 and 3, without prejudice to the responsibility of the employer.

27 article 18 1-worker's obligations Are obligations of the worker: a) Meet the requirements of safety and health at work laid down in the regulations and in collective labour regulation instruments, as well as specific instructions for that purpose by the employer; (b)) to ensure their safety and health, as well as the safety and health of other people who might be affected by their actions or omissions at work, especially when exercising functions of leadership or coordination, in connection with the services under its tiered framework and technical; c) Use properly and according to the instructions communicated by the employer, machinery, apparatus, tools, dangerous substances and other equipment and means placed at their disposal, in particular the collective and individual protection equipment, as well as meet the established work procedures; d) Cooperate actively in the company, the establishment or service for the improvement of the system of safety and health at work, taking note of the information provided by the employer and attending to consultations and examinations determined by the occupational physician; and immediately report to the hierarchical superior) or, it is not possible, employees assigned to the performance of specific functions in the fields of safety and health at work, faults and deficiencies detected in itself that seem likely to result in serious and imminent danger, as well as any defect verified protection systems;

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f) in the event of serious and imminent danger, and measures previously established instructions for such a situation, without prejudice to the duty of contact as soon as possible, with the immediate superior or with workers performing specific functions in the fields of safety and health at work. 2-the worker cannot be harmed by virtue of having removed from your workstation or a dangerous area in the event of serious and imminent danger, not for having adopted measures for your own safety or the safety of others. 3-obligations of the worker in the field of safety and health in the workplace do not exclude the General obligations of the employer, as defined in article 16 4 – Is very serious infraction the breach of paragraph b) of paragraph 1. 5-Notwithstanding the previous paragraph, the employee who violates guiltily the duties referred to in paragraph 1 or the employee whose conduct has contributed to a situation of danger, incurs liability under the general terms. CHAPTER III Consultation, information and training of workers article 19 consulting employees 1-the employer, with a view to obtaining of opinion, should consult in writing at least twice a year, in advance or at the appropriate time, the workers ' representatives for safety and health or, failing that, the workers themselves: a) the assessment of the risks to safety and health at work , including those relating to groups of workers exposed to particular risks;

29 b) safety and health measures before they were implemented or as soon as possible, in case of urgent implementation of the same; c) the measures which, by their impact on technologies and in functions, have repercussions on the safety and health at work; d) the program and the Organization of training in the field of safety and health at work; and the appointment of the representative of the) employer who accompanies the activity of service mode adopted; f) the designation and dismissal of workers performing specific functions in the fields of safety and health at work; g) the designation of employees responsible for implementing the measures provided for in paragraph 9 of article 16; h) service mode to be adopted, as well as the use of external services to the company or qualified technicians to ensure the realization of all or part of the activities of safety and health at work; I) protective equipment is necessary to use; j) The health and safety risks, as well as the protection and prevention measures and how to apply, or relative to activity, relative to company, establishment or service; l) annual list of deadly industrial accidents and that cause incapacity for work exceeds three working days established by the end of March of the following year; m) reports of accidents of work referred to in the preceding paragraph.



30 2-for the purposes of the preceding paragraph, should be provided with access to technical information and registered the collective, not individual medical data, as well as the technical information derived from inspection services and other competent bodies in the field of safety and health at work. 3-the opinion provided for in paragraph 1 shall be issued within 15 days from the date of the request for consultations, the employer may establish higher term given the extent or complexity of the issues. 4-the non-acceptance of the opinion referred to in paragraph 1 as regards the substances referred to in paragraph 1(e)), f), (g)) and h) of that paragraph, must be substantiated in writing. 5-once the time limit referred to in paragraph 3 without the opinion has been delivered to the employer, shall be deemed to have satisfied the requirement. 6-queries, replies and proposals provided for in paragraphs 1 and 4, registration must be in proper book organized by the company. 7-without prejudice to the preceding paragraphs, workers and their representatives for safety and health may at any time submit proposals, so as to minimize any risk professional. 8-Is very serious infraction the breach of the provisions of paragraph 1. 9-light infraction Is violation of the provisions of paragraphs 2, 4 and 6. Article 20 Information workers 1-the worker, as well as their representatives for health and safety within the undertaking, establishment or service shall be provided with up-to-date information on: a) The substances referred to in paragraph j) of paragraph 1 of the preceding article;

31 (b)) the measures and instructions to be taken in the event of serious and imminent danger; (c)) the first aid measures, fire-fighting and evacuation of workers in the event of a claim, as well as workers or services in charge of the implementation. 2-Without prejudice to the proper training, the information referred to in the preceding paragraph must be made available to the employee in the following cases: a) admission to the company; b) reassignment of work or functions; c) Introduction of new work equipment or modification of existing ones; d) adoption of a new technology; e) activities involving workers from several companies. 3-the employer shall inform the workers with specific functions in the field of safety and health at work on the substances referred to in (a)), (b)), i) and l) of paragraph 1 and paragraph 2 of the preceding article. 4-the employer shall inform the services and qualified technicians outside the company active in health and safety at work about the presumed or known to be factors affecting the safety and health of workers and the substances referred to in (a)) of paragraph 1 and in paragraph g) of paragraph 1 of article 19 5-the company whose facilities is provided a service should inform their employers and workers on the matters identified in the preceding paragraph. 6-the employer must also inform the admission of workers with fixed-term contracts, temporary work arrangements, in service or in occasional service-providing safety and health at work mentioned in paragraph 4 and workers with specific functions in the field of safety and health at work.

32 7 – Is very serious infraction the breach of the provisions of paragraphs 1 and 2. 8-light infraction Constitutes the violation of the provisions of paragraphs 3, 4, 5 and 6. Article 21 training of workers 1-the worker must receive adequate training in the field of safety and health at work, taking into account the work station and the high risk activities. 2-The workers designated to occupy all or some of the activities of safety and health at work must be ensured, by the employer, the ongoing formation for the exercise of their functions. 3-Notwithstanding the provisions of paragraph 1, the employer must form, sufficient in number, given the size of the company and the risks, workers responsible for implementing measures for first aid, fire-fighting and evacuation of workers, as well as provide them with suitable material. 4-the formation by employees on safety and health at work must be secured so that it cannot work for the same injury. 5-for the purposes of the preceding paragraphs, the employer and their representative associations may request the assistance of the competent public bodies when lack of the means and conditions necessary to the implementation of the training. 6 – Constitutes a serious infraction the breach of the provisions of paragraphs 1 to 4.



33 CHAPTER IV Representatives of workers for safety and health at work representatives, section I, article 22 workers ' representatives for safety and health at work 1-workers ' representatives for safety and health at work are elected by direct and secret ballot workers, in accordance with the principle of representation by the d'Hondt system. 2-Only eligible lists submitted by the trade union organisations that have workers represented in company or lists that are subscribed, at least 20% of the employees of the company, and no worker subscribe or be part of more than one list. 3-Each list must indicate a number of candidates equal to that of places eligible herds and an equal number of alternate candidates. 4-unless otherwise provided for in the applicable collective regulatory instrument, employees ' representatives may not exceed: a) companies with less than 61 employees-a representative; b) 61 companies the 150 workers-two representatives; c) 151 to 300 employees firms-three representatives; d) 301 to 500 companies employees-four representatives; and 501 to 1000 companies) employees-five representatives; f) 1001 to 1500 companies employees-six representatives;


34 g) companies with more than 1500 workers-seven representatives. 5-the term of Office of the representatives shall be three years. 6-the replacement of the representatives shall be permitted only in the case of resignation or definitive impediment, with the same candidates and alternates in the order indicated in the respective list. 7-the representatives of the employees have, for the performance of their duties, of a credit of 5 hours per month. 8-Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Article 23 training for workers ' representatives 1-workers ' representatives must be ensured permanent training for the exercise of their functions. 2-for the purposes of the preceding paragraph, the employer must provide conditions for workers ' representatives for safety and health at work are trained by granting, if necessary, with or without remuneration remuneration if another entity assigning specific allowance. 3-for the purposes of the preceding paragraphs, the employer or their representative associations, as well as the structures of collective representation of workers can request support from the competent government services when lack of the means and conditions necessary to the implementation of the training. 4-Constitutes a serious infraction the breach of the provisions of paragraphs 1 and 2.



35 article 24 Safety Committees at work 1-for the purposes of this law, by collective agreement, can be created a Committee of safety and health at work of joint composition. 2-the Committee on safety and health at work created in accordance with the provisions of the preceding paragraph is made up by workers ' representatives for safety and health at work, with respect for the principle of proportionality. Article 25 workers ' representatives Support 1-The management bodies of the companies must make available to workers ' representatives for safety and health at work the appropriate facilities, as well as material and technical means necessary for the performance of its functions. 2-workers ' representatives for safety and health at work also have the right to distribute information on the safety and health at work, as well as to his posting in appropriate location that is intended for this purpose. Article 26 meetings with the company's management bodies 1-workers ' representatives for safety and health at work have the right to meet with the Board of Directors of the company, at least once a month, for discussion and analysis of issues related to safety and health at work. 2-the meeting referred to in the preceding paragraph shall be drawn up the minutes, which shall be signed by all those in attendance. 3-time credit provided for in paragraph 7 of article 22 is not affected for the purpose of the meeting referred to in paragraph 1.

36 SECTION II election of workers ' representatives for safety and health at work article 27 electoral Capacity no worker of the company can be impaired in his rights to vote and be elected, inter alia on grounds of age or function. Article 28 1 election promotion-The workers or the Union that has represented workers in the company promoting the election of workers ' representatives for safety and health at work. 2-in the case of election to be promoted by the workers, the summons must be signed by at least 100 or 20% of the employees of the company. 3-the workers or the Union promoting the election to provide the competent bodies of the Ministry responsible for labour and the employer, at least 90 days, the date of the election. Article 29 Advertising 1-after receipt of the notification referred to in the previous article: a) the competent body of the Ministry responsible for labour area comes from the publication of the notice in the newsletter of labor and employment (BTE);



37 (b)) the employer must post it immediately in an appropriate place in the enterprise and establishment, and add a reference to the obligation of publication in BTE. 2 – Constitutes a serious infraction the breach of paragraph b) of paragraph 1. Article 30 1-Electoral Commission the Electoral Commission consists of: a) A President-employee with more seniority in the company and, in case of equality, which have more age and remain equal, whoever has the most qualifications; b) A Secretary – employee with less seniority in the company, since more than two years and, in case of equality, which have more age and remain equal, whoever has the most qualifications; c) two workers chosen according to the criteria laid down in paragraph 1(a) above, except in the case of micro or small business. d) one representative from each list. 2-In case of refusal to participate in the Election Commission, a new choice, in accordance with the criteria laid down in the preceding paragraphs. 3-the President, Secretary and employees chosen in accordance with (c) below) of paragraph 1 are invested in functions, after Declaration of acceptance, within five days after the publication of the call for applications of election in BTE. 4-the representatives of the Electoral Commission, after the Declaration of acceptance, on the day following the decision of the admission lists.

38 5-the composition of the Electoral Commission shall be communicated to the employer within 48 hours, the date of acceptance of the Declaration referred to in paragraph 1. Article 31 competence and functioning of the Electoral Commission 1-the President of the Electoral Commission to fix the dates of beginning and end of the period for submission of lists, in an appropriate place in the enterprise and establishment, which shall be not less than five nor more than 15 days, as well as direct the activities of the Commission. 2-the Electoral Commission running the election procedure, namely: a) Receive the lists of nominations; b) verify the correctness of the lists, in particular with regard to tenderers, candidates and their quality of workers of the enterprise; c) Fix the lists in the enterprise and establishment; d) fix the period during which the candidate lists can post announcements in the appropriate locations in the enterprise and establishment; and) fix the number and location of polling stations; f) Perform the global clearance of election; g) Proclaim the results; h) Communicate the results of the election to the competent body of the Ministry responsible for labour; I) Solve doubts and omissions of election procedure. 3-the Election Commission shall take its decisions by majority, having the President a casting vote.

39 article 32 electoral roll 1-the employer must deliver to the Electoral Commission within 48 hours after receipt of the communication identifies the President and the Secretary, the electoral roll, and that the immediate posting in the enterprise and the establishment. 2-the electoral roll must contain the name of the employees of the company and, where appropriate, by establishing, at the date of appointment of the Electoral Act. 3 – Is very serious infraction violation of provisions of this article. Article 33 Complaints 1-The employees may claim, within five days following the posting referred to in paragraph 1 of the preceding article, to the Election Commission, any errors or omissions contained in the electoral roll. 2-the Election Commission to decide the complaints within 10 days, after which post corrections electoral roll that have occurred. Article 34-1 Lists the lists of nominations should be submitted to the President of the Electoral Commission, accompanied by a declaration of acceptance of their workers. 2-the Electoral Commission decides on the admission of the lists presented in the five days following the expiry of the period for submission. 3-In case of rejection of admissibility of any list, its proponents can address existing defects within 48 hours.

40 4-After the decision of admission of each list, the President of the Electoral Commission gives it a letter of the alphabet according to the order of presentation. 5-The lists should be immediately posted in appropriate places, in the enterprise and the establishment. Article 35 ballot papers and ballot boxes 1-ballot papers are prepared by the Election Commission in the 15 days prior to the date of the election. 2-The ballot papers shall contain in alphabetical order of admission lists. 3-the polls must be arranged by the Election Commission, which must ensure the security of the ballots. Article 36 polling stations 1-In every establishment with a minimum of nine workers must exist at least one polling station. 2-each polling station cannot match more than 500 voters. 3-Each voting table is composed of a President, who runs the vote, and a Secretary, appointed by the President of the Electoral Commission in accordance with article 30, and one representative from each list, to this end, dismissed their provision of work. 4 – Constitutes a very serious infraction of paragraph 1 and serious infraction to the end of the preceding paragraph.


41 article 37 1 election-voting urns are placed in the workplace, so that all workers can vote without affecting the normal functioning of the undertaking or establishment. 2-the vote is carried out on site and during working hours. 3-the vote must have a minimum duration of 3 hours and a maximum of five, racing to the Election Commission to fix your opening hours, five days before the date of the election, the closure may not occur after 21 hours. 4-in the case of shift work or different times in the company, the election of the night shift must precede the day shift. 5-workers can vote during your working hours, for which each has the time to do so. 6-in companies with geographically dispersed institutions, the election must be held at all in the same day, at the same time and in the same terms. 7-When, due to shift work or other reasons, it is not possible to comply with the provisions of the preceding paragraph, must be simultaneously the opening of polls to vote for their establishment in all outlets of the company. 8-voters must be identified and recorded in a document of its own, with term of opening and closing, signed and initialled on all sheets by the electoral table. 9-Is very serious infraction the breach of the provisions of paragraph 1 and against-serious infringement of the provisions of paragraph 5.



42 article 38 the election Qualifying 1-discharge of the election should be held immediately after the closure of polls. 2-discharge of the outcome of the vote at the polling station is accomplished by their table, racing to its Chairman communicate immediately the results to the Electoral Commission. 3-the global clearance of the election is made by the Electoral Commission. Article 39 Minutes 1-the minutes must contain the decisions of the Electoral Commission and polling stations, as well as anything that happens in the election procedure, including any incidents that occurred and the discharge of the result. 2-the members of the Electoral Commission and of polling approve, initial and sign the respective minutes. 3-the document referred to in paragraph 8 of article 37 must be annexed to the minutes of the respective polling station. Article 40 the result of Advertising 1 election-the Election Commission shall display the identification elements of the elected representatives, as well as the copy of the minutes of the respective election, during 15 days from the date of the establishment, at the place or places where the election took place and mail, within this period, the competent agency of the Ministry responsible for labour area as well as the company's management bodies.

43 2-the competent body of the Ministry responsible for labour area notes the outcome of the election and shall have it published immediately on the BTE. 3 – Constitutes an administrative offence record employer opposition to the posting of the results of the vote pursuant to paragraph 1. Article 41 early activities workers ' representatives for safety and health at work can only start the exercise of their activities after the publication provided for in paragraph 2 of the preceding article. Chapter V protection of the genetic heritage section I General provisions article 42 1 gene pool risks-are likely to entail risks to the genetic heritage of the chemical, physical and biological agents or other factors which may cause heritable genetic effects,, non-heritable adverse effects in the progeny and/or an impairment of against the functions and male or female reproductive capabilities, including the following :) dangerous substances and preparations, in accordance with the applicable legislation on classification, packaging and labelling of dangerous substances and preparations, are classified as harmful (Xn) and assigned by one or more of the following warnings: R 40 – possible risk of irreversible effects;

R 44-45 may cause cancer; R-46 may cause heritable genetic damage; R 49-may cause cancer by inhalation; R 60-can compromise fertility; R 61 – risk during pregnancy cause harm to the unborn child; R 62 – possible risk of compromising fertility; R63-possible risk of undesirable effects during pregnancy on offspring; R 64-reproductive toxicity; b) ionising radiation and high temperatures; c) Brucella bacteria, syphilis, the tubercle bacilli, and rubella virus (rubivírus), herpes simplex types 1 and 2, the mumps, human immunodeficiency syndrome (AIDS) and toxoplasma. 2-in the activities in which workers may be exposed to agents that may involve risks to the genetic heritage, this decree-law, in so far as it is more favourable to the safety and health of workers, takes precedence over the applicability of the measures of prevention and protection provided for in specific legislation. Article 43 risk assessment likely to harmful effects on genetic heritage 1-the employer must verify the existence of agents or factors which may have detrimental effects on the gene pool and assess the corresponding risks. 2-the risk assessment shall take into account all available information, in particular: a) the collection of information on the agents or factors;

45 (b)) the study of jobs to determine actual exposure conditions, in particular the nature of the work, the characteristics of agents or factors, periods of exposure and interaction with other risks; c) the recommendations of the competent bodies in the field of safety and health at work. 3-the risk assessment must be made on a quarterly basis, as well as when there is a change in the working conditions which may affect workers ' exposure, the results of health surveillance warrant or there is development of scientific research in this area. 4-risk assessment should identify the workers and those who, being particularly sensitive, may need special protection measures. 5-very serious infraction Constitutes violation of the preceding paragraphs. Article 44 information specific Duties 1-Without prejudice to the General obligations in the field of information and consultation, the employer must provide up-to-date information to workers and their representatives for safety and health at work: a) dangerous chemical substances and preparations, work equipment, materials or raw materials present in workplaces that may pose danger of aggression to the genetic heritage; b) the results of the risk assessment; c) identification of exposed workers. 2-the information referred to in the preceding paragraph shall be placed at the disposal of the occupational physician or the public authority responsible for the health surveillance of workers.

46 3-the employer must transmit the information referred to in (a)) and b) of paragraph 1 to self-employed and companies, in the same premises, activities simultaneously with their workers, in any capacity. 4-Is very serious infraction violation of provisions of this article. Article 45 the health surveillance 1-without prejudice to the General obligations on health at work, the employer must ensure that appropriate surveillance of the health of workers in respect of which the result of evaluation reveals the existence of risks to the genetic heritage, through health examinations, and should be carried out a survey before the first exposure. 2-health surveillance referred to in paragraph 1 must allow the application of knowledge of occupational medicine, be based on the conditions or circumstances in which each worker has been or may be subject to exposure to agents or risk factors and include at least the following: a) registration of the clinical history and professional worker; b) personal interview with the employee; c) evaluation of individual health; d) Biological Monitoring where required; and early effects and trace) reversible. 3-health exams are conducted based on the knowledge that the exposure to agents or risk factors of genetic heritage may cause the following diseases: a) Changes of sexual behavior; b) reduced fertility, including in diverse aspects of spermatogenesis and ovogénese;


47 c) adverse Results in hormonal activity; d) Modifications of other functions that depend on the integrity of the reproductive system. 4-Constitutes a serious infraction violation of paragraphs 1. Article 46 Result of health surveillance 1-as a result of health surveillance the occupational physician: a) informs the employee of the result; b) Gives indications about the possible need to continue surveillance of health, even after the exhibition; c) informs the employer the results of health surveillance with interest to risk prevention, without prejudice to the obligation of professional secrecy to which it is linked. 2-the employer, having regard to the referred to in point (c)) of the preceding paragraph: a) repeats the risk assessment; b) on the basis of the opinion of the occupational physician, adopts any individual measures of protection or prevention and, if necessary, the employee concerned another task compatible in that there is no risk of exposure; c) promotes prolonged surveillance of workers ' health; d) ensures any worker who has been exposed to agents or risk factors for genetic heritage health examination including, if necessary, the additional exams. 3-the employee has access, on request, to the health record that concerns you, and may request the revision of this result.

48 4-serious infraction Constitutes violation of the preceding paragraphs. Article 47 registration, file and document conservation 1-without prejudice to the General obligations of the service of safety and health at work in respect of data records and conservation of documents, the employer must organize and maintain up-to-date files, in particular by electronic means, about:) the criteria, procedures and results of the risk assessment; b) identification of exposed workers with the nature and, if possible, the agent and the degree of exposure to that each worker has been subject; c) the results of health surveillance of each employee with reference to their job or function; d) records of accidents or incidents; and) identification of the physician responsible for the health surveillance. 2-the records referred to in point (c)) of the preceding paragraph must appear on individual medical records of each worker, placed under the responsibility of the occupational physician. 3-the records and files referred to in the preceding paragraphs shall be kept for at least 40 years after finishing the exposure of workers to that concern. 4-If the company discontinues the activity, registers and files should be transferred to the competent body of the Ministry responsible for labour area that ensures its confidentiality. 5-Constitutes a serious infraction violation of paragraphs 1.



49 article 48 guidance 1-the ministries responsible for labour and area by area of health constitute and coordinate a Committee of experts, of which the members of the National Council for health and safety at work, whose mission is to develop and review every six months an indicative list of agents and factors of risk for the genetic heritage, of compulsory publicity in electronic page of the respective competent bodies. 2-the competent bodies of the ministries referred to in the preceding paragraph, the National Council for occupational safety and Hygiene, can draw up technical guides containing practical guidelines on the prevention and protection of agents and factors that may involve risks to the genetic heritage of the worker or their descendants, included in the list referred to in the preceding paragraph. SECTION II Activities prohibited or conditioned on general article 49 prohibited activities or conditioned Are prohibited or conditioned to workers, the activities involving exposure to chemical, physical and biological agents or other psychosocial factors that may cause heritable genetic effects,, non-heritable adverse effects in the progeny and/or an impairment of against the functions and abilities of male or female reproductive which may involve risks to the genetic heritage, referred to in this law or on specific legislation, as an indication that the record of the same.

50 article 50 use of forbidden agents 1-the use of prohibited agents is only permitted: a) For exclusive purposes of scientific research; b) In activities aimed at their elimination. 2-in the situation provided for in the preceding paragraph, the exposure of workers to the agents in question must be avoided, in particular by ensuring that it is carried out for the minimum time possible and that takes place in a single closed system, from which the agents may be removed to the extent necessary for the control of the process or the maintenance of the system. 3-in the case referred to in paragraph 1, the employer must communicate in advance to the competent body for the promotion of safety and health at work of the Ministry responsible for labour area the following information: a) agent and its quantity used annually; b) activities, reactions or processes involved; c) number of workers exposed; (d) technical and organisational) measures taken to prevent the exposure of workers. 4-the communication provided for in paragraph 1 shall be held with 15 days in advance, and may in the case of (b)) of paragraph 1, the term be less than duly substantiated. 5 – the body referred to in paragraph 3 gives knowledge of the information received to the competent body of the Ministry in charge of health and confirms the receipt of the communication with the necessary information, indicating, where appropriate, additional measures for the protection of workers the employer must apply.

51 6-the employer must provide the documents referred to in the preceding paragraphs to controlling entities that request. SECTION III Activities prohibited or conditioned to pregnant workers, workers who have recently given birth or who are breastfeeding article 51 legal Remission for the purposes of the exercise of rights conferred by this section shall apply the concepts defined in paragraph 1 of article 36 of the labour code. SUBSECTION (I) prohibited activities to pregnant and breastfeeding article 52 physical agents is prohibited to pregnant worker performing activities that are or may be exposed to the following physical agents: a) ionising radiation; b) high pressure atmospheres, including hyperbaric chambers or scuba diving. Article 53 biological agents is prohibited to pregnant worker the performance of any activity that may be in contact with vectors of transmission of toxoplasma and rubella virus, unless there is evidence that the pregnant worker has antibodies or immunity to these agents and is sufficiently protected.

52 article 54 chemical agents is prohibited to pregnant worker the performance of any activity that may be in contact with: a) The hazardous chemicals, qualified with one or more risk warnings: ' — R46 may cause heritable genetic damage», «R61 — risk during pregnancy cause harm to the unborn child» and «R64 — can cause damage in children fed with breast milk» in accordance with the legislation on the classification, packaging and labelling of dangerous substances and preparations; b) lead and its compounds in so far as these agents could be absorbed by the human body. Article 55 Agents prohibited the breastfeeding worker is prohibited to breastfeeding worker carrying out any activity involving exposure to physical and chemical agents: a) ionising radiation; b) chemicals qualified with the warning of risk «R64 — can cause damage in children fed with breast milk», in accordance with the legislation on the classification, packaging and labelling of dangerous substances and preparations; c) lead and its compounds in so far as these agents could be absorbed by the human body.



Article 53 56 working conditions is prohibited to pregnant and breastfeeding the provision of underground work in mines. Article 57 prohibited activities Is very serious infraction, imputable to the employer, the activities with exposure to agents and working conditions prohibited pursuant to this subsection. SUBSECTION II conditioned Activities article 58 physical agents Are conditioned to the pregnant worker the activities involving exposure to physical agents which may cause fetal injury or the detachment of the placenta, in particular: a) shocks, vibration or movement; b) manual handling of loads where there is a risk particularly of back injury or whose weight exceeds 10 kg; c) noise; d) non-ionizing radiation; and) extreme temperatures, cold or heat; f) movements and postures, movements within either outside the establishment, mental and physical fatigue and other physical burdens connected with the activity carried out.


Article 59 54 biological agents Are conditioned to the pregnant worker who has recently given birth or are breastfeeding, all the activities in which there may be the risk of exposure to biological agents classified in risk groups 2, 3 and 4, in accordance with the legislation on minimum requirements relating to the protection of the safety and health of workers against the risks from exposure to biological agents at work. Article 60 chemical agents Are conditioned to the pregnant worker who has recently given birth or are breastfeeding, the activities in which there is or there may be the risk of exposure to Chemical Substances: a) and preparations qualified with one or more of the following risk warnings: «R40 – possible risk of irreversible effects ', ' R45 — can cause cancer», «R49 may cause cancer by inhalation», and «R63 — possible risks during pregnancy of undesirable effects on offspring» in accordance with the legislation on the classification, packaging and labelling of dangerous substances and preparations; b) Auramine; c) Mercury and its derivatives; d) antimitotic Drugs; and carbon monoxide); f) hazardous chemical agents of cutaneous penetration; g) substances or preparations which released in industrial processes referred to in the following article.

55 article 61 industrial processes and working conditions are conditioned to the pregnant worker, who has recently given birth or breastfeeding activities at workplaces where arising or may arise the following industrial processes: a) manufacture of auramine; b) Work liable to give rise to exposure to polycyclic aromatic hydrocarbons present in particular in soot, tar, pitch, fumes or us in the dust of coal; c) Work liable to give rise to exposure to dusts, fumes and sprays produced during roasting and electrorrefinação of nickel; d) strong acid process during the manufacture of isopropyl alcohol; and) Work liable to give rise to exposure to dust from wood of hardwoods. SECTION IV Activities prohibited or conditioned the smallest SUBSECTION I activities, agents, processes and working conditions prohibited the smallest article 62 activities are prohibited at the least the following activities: a) manufacture of auramine; b industrial Slaughter of animals).

56 Article 63 physical agents are forbidden to the activities in which there is a risk of exposure to the following physical agents: a) ionising radiation; b) high pressure atmospheres, particularly in hyperbaric chambers and scuba diving; c) contact with high-voltage electrical energy. Article 64 biological agents are forbidden to the activities in which there is a risk of exposure to biological agents classified in risk groups 3 and 4, in accordance with the legislation on minimum requirements relating to the protection of the safety and health of workers against the risks from exposure to biological agents at work. Article 65 agents, chemical substances and preparations 1-child activities are prohibited when 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 body; c) Chlorpromazine; d) Toluene and xylene;

57 e) polycyclic aromatic hydrocarbons present in soot, tar or coal pitch; f) dusts, fumes and sprays produced during roasting and electrorrefinação of nickel. 2-child activities are prohibited when there is a risk of exposure to substances and preparations which, in accordance with the applicable legislation on classification, packaging and labelling of dangerous substances and preparations, are classified as toxic (T), very toxic (T +), corrosive (C) or explosive (E). 3-are forbidden to the activities in which there is a risk of exposure to substances and preparations which, in accordance with the applicable legislation on classification, packaging and labelling of dangerous substances and preparations, are classified as harmful (Xn) and assigned by one or more of the following warnings: a) «R39 – danger of very serious irreversible effects '; b) «R40 – possible risk of irreversible effects '; c) ' — R42 may cause sensitization by inhalation '; d) «R43 – may cause sensitization by skin contact; e) «R45 — can cause cancer»; f) ' — R46 may cause heritable genetic damage»; g) «R48 — risk of serious damage to health by prolonged exposure '; h) «R60 — can compromise fertility»; I) «R61 — risk during pregnancy, cause harm to the unborn child».



58 4-child activities are prohibited when there is a risk of exposure to substances and preparations which, in accordance with the applicable legislation on classification, packaging and labelling of dangerous substances and preparations, are classified as irritant (Xi) and qualified by one or more of the following warnings: a) «R12 — extremely flammable '; (b)) ' — R42 may cause sensitization by inhalation '; c) «R43 – may cause sensitization by skin contact ". Article 66 processes are prohibited to the activities in which there is a risk of exposure to the following processes: a) strong acid process during the manufacture of isopropyl alcohol; b) Manufacture and manipulation of machines, devices or objects containing explosives. Article 67 1-working conditions Are prohibited at the slightest activities whose realisation is subject to the following conditions: a) risk of collapse; b) production equipment handling, storage or use of compressed, liquefied or dissolved gases; c) using vats, tanks, reservoirs, bottles or tanks containing agents, chemical substances or preparations referred to in article 65;

59 d) driving or operation of transport vehicles, tractors, forklifts and bulldozers; e) release of free silica dust, in particular in the projection of sand jets; f) molten metals leak; g) glass blasting operations; h) places of creation or conservation of fierce or poisonous animals; I) carried out underground; j) held in wastewater drainage systems; l) carried out on runways of airports; m) carried out activities which are carried out in nightclubs and the like; n) Whose Cadence is conditioned by machinery and the consideration given in the function result. 2-Are also prohibited the minor under the age of 16 years the activities that are carried out in clubs and the like. Article 68 prohibited activities Is very serious infraction, imputable to the employer, the less exercise, of any of the activities prohibited under this subsection. SUBSECTION II Work conditioning the minor aged 16 years or over article 69 activities, processes and working conditions 1-the smallest conditioned persons aged 16 years can only perform the activities, processes and working conditions subject to exposure of physical, biological and chemical agents referred to in this subsection.

60 2-for the purposes of the preceding paragraph, in addition to the provisions of points (a)) and b) of paragraph 1 of article 72 of the labour code, the employer shall assess the nature, degree and duration of exposure of smaller works or conditioned activities and take the necessary measures to avoid that risk. 3-Constitutes a serious infraction applicable to employer violation of paragraphs 1. Article 70 1-physical Agents May be performed by a minor aged less than 16 years, since the employer complies with the provisions of paragraph 2 of the preceding article, the activities in which there is a risk of exposure to the following physical agents: a) ultraviolet; b) sound levels above 85 dB(a), measured through the L (EP, d), under the scheme on the protection of workers from the risks arising from exposure to noise at work (c)) Vibrations; d) temperatures below 0.º C or over 42 C; and Contact with electricity) of medium voltage. Article 71 biological agents can be performed by less aged 16 years or more, since the employer complies with the provisions of paragraph 2 of article 69, the activities in which there is a risk of exposure to biological agents of risk groups 1 and 2, in accordance with the legislation on minimum requirements relating to the protection of the safety and health of workers against the risks from exposure to biological agents at work.

Article 72 61 chemical agents can be performed by less aged 16 years or more, since the employer complies with the provisions of paragraph 2 of article 69, 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; and) Ketones; f) Cloronaftalenos; g) proteolíticos Enzymes; h) manganese, its compounds and alloys; I) iron oxide; j) propane; l) phosphorus phosphorus Sesquisulphide; m) sodium Sulphate; n) zinc and its compounds. Article 73 1 working conditions-can be performed by a minor aged less than 16 years, since the employer complies with the provisions of paragraph 2 of article 69, the activities subject to the following conditions of work involving: 62


a) work equipment which, pursuant to article 5 of Decree-Law No. 50/2005, of 25 February, present specific risks to the safety or health of workers; b) Demolitions; c) performing dangerous maneuvers; d) dismantling Work; e) harvest, manipulation or conditioning of blood, organs or any other animal remains, handling, washing and sterilization of materials used in these operations; f) removal and handling of waste from dumps and the like; g) manual handling of loads weighing more than 15 kg; h) excessive physical efforts, including running on kneeling or in positions and movements that require compression of nerves and nerve plexuses; I) performing in silos; j) performing in refrigerating plants where there may be risk of escape of cooling fluid; l) performing in slaughterhouses, butchers, fishmongers, aviaries, factories of sausages or preserved meat and fish, tanks of milk distribution and cheese makers. 2-in cases of violation of the provisions of paragraph 1 (b)) (a) to (d)) of the preceding paragraph are jointly and severally liable for payment of the fine performing entities.

63 CHAPTER VI Services for safety and health at work SECTION I Organization of services for safety and health at work article 74 General provisions 1-the employer must organise the service of safety and health at work in accordance with the procedure laid down in this chapter. 2-the employer cannot require payments or discounts to workers by the activities and measures developed by the safety and health at work. 3-Is very serious infraction the breach of the provisions of paragraph 1 and serious misdemeanor violation of the preceding paragraph. Article 75 1-Services Arrangements in the service organization of safety and health at work, the employer may adopt, without prejudice to the provisions of the following paragraph, one of the following ways: a) internal Service; b) common Service; c) external service. 2 in the undertaking or establishment there are sufficient resources to develop integrated activities in the running of the Office of safety and health at work by internal service or by being concerned the regime defined in article 82, the employer must use common or external service, or qualified technicians in sufficient numbers to ensure in whole or in part the development of those activities.

64 3-the employer may adopt different modalities of organization in each establishment. 4-security activities can be arranged separately from health, noting, for each one of them, the provisions of the preceding paragraph. 5-the services organized in any of the arrangements referred to in paragraph 1 must have the sufficient means to enable it to carry out the main activities of safety and health at work. 6-the use of common service or external service does not exempt the employer from liability in respect of specific safety and health which the law assigns you. 7-the employer notifies the respective competent body of the mode adopted for the service organization of safety and health at work, as well as its amendment, in the 30 days following verification of any of the facts. 8-Is very serious infraction violation of paragraph 5 and against-take the breach of the provisions of the preceding paragraph. Article 76 first aid, fire-fighting and evacuation of workers 1 – the company or establishment, whatever the service mode of safety and health at work, must have an internal structure that ensures that the activities of first aid, fire-fighting and evacuation of premises referred to in paragraph 9 of article 16 2-Is very serious infraction the breach of the provisions of the preceding paragraph.

65 article 77 1-national health service promotion and health monitoring can be ensured through the units of the national health service (NHS), according to specific legislation adopted by the Ministry responsible for health in the following groups of workers: the self-employed); b) seasonal farm worker and the term; c) Apprentice in the service of an artisan; d) domestic service worker; e) Fishery worker in vessels with length up to 15 metres, not belonging to the fishing fleet of shipowner or equivalent employer; f) microenterprise Workers who do not engage in high-risk activity. 2-the employer and independent contractor must provide evidence of the situation provided for in the preceding paragraph conferring the right to assistance through NHS Units, as well as pay their dues. Article 78 1-employer's representative If the company or establishment to adopt common or external service service, the employer shall designate in each establishment, a worker with adequate training, in accordance with the provisions of the following paragraph, that represents it to accompany and assist the implementation of prevention activities.



66 2-for the purposes of the preceding paragraph, adequate training that would allow for the acquisition of basic skills in the area of safety, health, ergonomics, environment and organization of work, which is validated by the service responsible for promoting safety and health at work of the Ministry responsible for labour area or inserted into the education system, in the SNQ or promoted by entities of public administration with responsibility for the development of vocational training. 3-Constitutes a serious infraction the breach of the provisions of the preceding paragraph. SECTION II internal Article 79 Service scope and internal service requirement for safety and health at work 1-internal service for safety and health at work is established by employer and covers only employees whose safety and health that is responsible. 2-internal service is part of the structure of the company and works depending on the employer. 3-the employer must establish internal service covering: a) Establishment with at least 400 workers; b) establishments set up 50 kilometres apart, the one that occupies a greater number of workers and that, with this, have at least 400 workers; c) Establishment or group of establishments that high-risk activities, in accordance with the provisions of the following article, which are exposed at least 30 workers.

67 4-for the purposes of the preceding paragraph, it is considered home service the service provided by a company to other companies in the Group since that and these belong to companies which are in a dominant position over the latter nor of the group. 5-very serious infraction Constitutes the violation of the provisions of paragraph 3. Article 80 high-risk activities or works for the purposes of this law, are considered high risk: a) Work in construction, earth-moving, excavation of tunnels, with risks of falls from a height or burial, demolitions and intervention in railroads and highways without traffic interruption; b) activities of the extractive industries; c) hyperbaric Work; d) activities involving the use or storage of hazardous chemicals which may cause major accidents; e) the manufacture, transport and use of explosives and pyrotechnics; f) activities of the steel industry and shipbuilding; g) activities involving contact with electrical currents of medium and high voltage; h) production and transportation of compressed, liquefied or dissolved gases or significant use of them; I) Activities involving exposure to ionizing radiation; j) Activities entailing exposure to carcinogens, mutagens or toxic to reproduction; l) Activities entailing exposure to biological agents in Group 3 or 4;


68 m) Work involving exposure to silica. Article 81 internal service waiver 1-the employer may, with the permission of the competent body of the Ministry responsible for labour area or of the competent body of the Ministry responsible for health care, according to the exemption refers to the field of safety or health, to obtain exemption from internal service regarding establishment covered by subparagraph (a)) or b) of paragraph 3 of article 79 where: the) not exert high risk activities; b) Present incidence rates and severity of workplace accidents, in the past two years, not exceeding the average of its sector; c) there are no records of occupational diseases contracted in the service of the company or to which they have contributed directly and decisively the working conditions of the company; d) the employer has not been punished for very serious infringements relating to the violation of the legislation of safety and health at work, carried out in the same establishment for the past two years; and, for examining) the risk assessment submitted by the applicant or through inspection, as needed, that are respected the limit values for exposure to substances or risk factors. 2-the application for authorization shall be submitted to the competent body, in particular by electronic means, accompanied by a reasoned opinion of the workers ' representatives for safety and health at work or, failing that, of the workers themselves, without prejudice to the provisions of paragraphs 3 and 5 of article 19 69 3-the competent body, after verified compliance of the requirements likely to documentary and assessment in 45 days after the filing of the application must: a) set the date of the inspection; b) inform the applicant and the other body, so that they are aware of the same at least ten days; c) notify the applicant for the payment of fee for the survey. 4-the authorization referred to in paragraph 1 shall be repealed: a) the company present incidence rates and severity of occupational accidents in the past two years higher than average in their sector; (b)) in the company or set of establishments, has occurred in the last two years, a deadly work accident, for violation of rules of safety and health at work attributable to the employer; c) the company has been convicted, in the last two years, the practice of ordering very serious in terms of safety and health at work or for serious infraction recidivism for safety and health at work. 5-the competent body in accordance with paragraph 1 has 60 days from the date of entry of the application for granting the authorization referred to in paragraph 1. 6-the application for remission to the cumulative safety and health can be made from any one of the competent bodies for the purposes of this law, carrying out the immediate shipment to another competent body. 7-If the authorization referred to in paragraph 1 is revoked, the company or establishment must adopt internal services within six months.

70 Article 82 activities carried out by the employer or employee designated 1-in the enterprise, establishment or group of establishments distanced until 50 km from larger, that employed at most nine workers and whose activity is not high risk occupational safety activities can be carried out directly by the employer, if you have adequate training and he has an habitual abode in the establishments. 2-in the situations referred to in the preceding paragraph, the employer may designate one or more workers to occupy all or some of the safety activities, provided that they have adequate training and have the time and necessary resources. 3-the pursuit of the activities referred to in paragraphs 1 and 2 depends on authorisation or for renewal of authorization granted by the competent body for the promotion of safety and health at work of the Ministry responsible for labour area, for a period of five years. 4-for the purposes of the preceding paragraph, the application for authorisation or renewal of the authorisation should be preferably carried out by electronic means. 5-renewal referred to in paragraph 1 shall be required until 60 days before the expiry of the permit, under penalty of forfeiture. 6-the authorization referred to in paragraph 3 shall be repealed, where the parent undertaking, establishment or group of establishments: the) Present incidence rates and severity of work-related accidents in five years, higher than average in their sector;



71 b) has been convicted, in the last two years, the practice of very serious infraction regarding safety and health at work or for serious infraction recidivism for safety and health at work; c) has not communicated to the body responsible for the prevention of safety and health at work of the Ministry responsible for the verification of the change in the technical elements that substantiate the authorisation within a period of 30 days. 7-in the case referred to in the preceding paragraph, the employer must adopt another modality of service organization of safety and health at work, within 90 days. 8-the training referred to in the preceding paragraphs shall apply the provisions of paragraph 2 of article 78 9-the workers designated pursuant to paragraph 2 may not be affected by the exercise of the activities mentioned. 10-the body responsible for promoting safety and health at work of the Ministry responsible for labour area has 60 days from the date of entry of the application, to grant the authorisation or renewal of the authorisation referred to in paragraph 3. 11-Constitutes a very serious infraction to pursue the activities referred to in paragraphs 1 and 2 without authorization or the authorization lapsed.



72 SECTION III service Article 83 1-joint service authorization the common service consists of several companies or several establishments belonging to societies that are not in a dominant position over the latter nor of group and covers only employees whose safety and health which those are responsible. 2-the application for authorization must be accompanied by a reasoned opinion of the workers ' representatives for safety and health at work or, failing that, of the workers themselves, without prejudice to the provisions of paragraphs 3 and 5 of article 19 and the agreement establishing the common service. 3 – under the common service authorization shall apply the provisions of subsection II of section IV of this chapter. 4-the application for authorisation referred to in the preceding paragraph shall be made, in particular by electronic means, in accordance with approved by order of the Government officials responsible for the area of employment and healthcare. 5-Is sealed to the common service to provide services to other companies that are not part of the agreement referred to in paragraph 2. 6-Is very serious infraction applies to each company covered by the common services to violations of the provisions of paragraphs 1 and 2.



73 SECTION IV External Service SUBSECTION I General provisions Article 84 notion of external service 1-external service that is developed by an entity which, by contract with the employer, performs activities of safety or health at work, as long as it's not common service. 2-the external service may include the following types:) — provided by Associations associations with non-profit legal entities, whose statutory purpose expressly refuses, the provision of security and health at work; b) Cooperative — provided by cooperatives whose statutory object expressly comprises the activities of safety and health at work; c) — provided by Private companies whose social pact stating expressly the activities of safety and health at work, or by individual person, holds appropriate legal qualifications; d) Appointment-provided by any entity of the central Government, regional or local level, public institution or institution integrated in the NHS. 2-an employer may adopt a mode of organisation of different services of the types referred to in the preceding paragraph, provided that it is previously authorized under articles 85 to 97


74 3-the contract between the employer and the external service provider shall be concluded in writing. SUBSECTION II external service authorization Article 85 1-Permit claims under (c) below) of paragraph 1 of article 74 are subject to authorisation. 2-the authorization referred to in the preceding paragraph may be granted for one or both of these areas of safety and health, for all or some sectors of activity, as well as for certain high-risk activities. 3-the authorization shall: a) to the competent body for the promotion of safety and health at work of the Ministry responsible for 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-to amend the authorisation, as regards safety and health domains, sectors of activity and high risk activities, shall apply the provisions of this subsection. 5-Notwithstanding the autonomy provided for in paragraph 3, the body with the competence to instruct the procedure must communicate to each other, on a monthly basis, applications for authorisation to pursue the activity of external service.



75 6-Is very serious infraction the activity by external service without authorisation, in particular for the area, sector or high-risk activity concerned, attributable to the external service. 7-is jointly and severally liable for payment of the fine employers who hire unauthorized service. Article 86 1 authorization Requirements – external service authorization depends on the verification of the following requirements: the minimum technical staff) consisting of a senior technician and a safety technician and an occupational physician, carrying out their activities in safety or health; b) appropriate facilities and equipped for the activity; c) equipment and tools for evaluation of safety and health at work and personal protective equipment to be used by technicians and healthcare professionals in the implementation of the activities provided to client companies, where necessary; d) technical quality of the procedures, in particular for the evaluation of the safety and health conditions and planning activities; e) ability to exercise the activities referred to in paragraph 2 of article 99, without prejudice to recourse to outsourcing only in relation to high complexity tasks or infrequent in the sectors and activities for which authorization is requested. 2-If the request for authorisation covering high-risk activities, the requirements referred to in the preceding paragraph shall take into account the fitness for such activities. 3-Constitute elements of assessment of the application for authorisation: the 76) the number of qualified technicians are legally required, taking into account the activities of safety and health domains for you if requesting permission; b) the nature of the bonds, as well as the normal working periods of higher technical personnel and security technical and occupational hygiene and the monthly allocation times the occupational physician and nurse; c) the conformity of the premises and equipment with the minimum safety and health at work for the Office and services activity; d) respect the health care Case, the minimum requirements laid down for private health units; and) suitability of work equipment to the tasks to be undertaken and the maximum number of employees of the applicant that, simultaneously, of need; f) the characteristics of the equipment and utensils to be used in the evaluation of safety and health at work; g) procedures in the field of metrology relating to equipment and tools referred to in the preceding paragraph. 4-the manual of procedures is taken into account in assessing the technical quality of the same. Article 87 1 authorisation requirement-external service authorization is applied for to the competent body, in particular by electronic means, in own model, approved by order of the Government officials responsible for the area of employment and healthcare. 2-the applicant shall indicate: 77 a) Who intends to carry out the activity in both the areas of safety and health or just one of them and which, in one or several sectors of activity and, where appropriate, the activities of high risk involved; b) in the case of an individual, to be identified by name, tax identification numbers and ID or civil identification number, domicile and establishments; c) in the case of a legal person, the name, the identification number of the legal person, the subject, the head offices and establishments. 3-the application must also be accompanied by: a) copy of the instrument of incorporation of the society, updated, indicating the date of publication in the Official Gazette or in the electronic site of the Ministry of Justice; b) proof of registration as individual entrepreneur; c) identification of the top technical personnel and safety technician, occupational physician and the nurse, as the domain and, where appropriate, the activities to which you want to permit, as well as documents evidencing qualifications; d) copy of contracts with doctors and nurses work, when reduced to writing, stating the monthly time of employment to the activity of occupational medicine, place of delivery and the duration of the contract; and) indication of the activities for which provides for recourse to subcontracting; f) Relation of work equipment to be used at the headquarters and in establishments; g) Relationship of equipment and utensils, with indication of their technical characteristics, brands, models and serial numbers, to be used at the headquarters and in establishments, for evaluation of safety and health at work;

78 h) Relationship of personal protective equipment to be used in tasks or activities entailing specific risks to safety and health, with indication of their brands and models and, where appropriate, of markup codes; I) functional organization chart; j) indication of the number of employees you want to include with the services on industrial or other establishments with high risk and in other establishments. 4-the application for authorisation should be accompanied by elements that prove the qualification of human resources, as well as the adequacy of equipment and utensils to the activity. 5-for the external service permit applies the provisions of paragraph 6 of article 81 Article 88 1 authorisation procedures-the competent body decides the application after the assessment of the requirements, including conducting survey or surveys, in accordance with the following article. 2-in addition to the provisions of the preceding article, the competent authority may also request the applicant to submit additional information, clarifications and elements which it considers necessary for the proper examination of the application, as well as examine these elements in the seat or establishment of the applicant, before or during the time of the survey. Article 89 Surveys 1-the body responsible for promoting safety and health at work of the Ministry responsible for labour area fit check: 79 a) working conditions of the employees of the applicant party; b) facilities having regard to the operating conditions of safety; c) Subcontracting; d) the operation of the services to be provided in the area of safety at work, particularly with regard to the use of work equipment, utensils and equipment, risk assessment and individual protection; and) the manual of procedures in the framework of the management of the services to be provided, including the planning of activities to develop, the articulation between the areas of safety and health, the benchmarks to be used within the framework of the technical procedures, including procedures guides, including international bodies recognized, codes of good practices and checklists, with its reference to diplomas and technical standards applicable. 2-The competent body of the Ministry responsible for health fit check: a) the facilities, including mobile units, taking into account the operating conditions in the field of health; b) operating conditions of service in the field of health at work, in particular as regards work equipment and equipment to evaluate health conditions at work; c) the manual of procedures, in particular, the links between the areas of safety and health, management of clinical information, transfer information in case of termination of contract, subcontracting, quality policy and programs of promotion and health monitoring.



80


3-each of the competent bodies referred to in the preceding paragraphs, after verified compliance of the requirements likely to documentary and assessment in 60 days after the presentation of the application: a) marks the date of the inspection; b) inform the applicant and the other body, so that they are aware of the same at least ten days; c) notifies the claimant for payment of fee for the survey. 4-the competent body shall draw up the survey and communicates the results of the same to the applicant and other body referred to in the preceding paragraphs, within 10 days. 5-the auto inspection should contain information about the conformity between the application for authorization and the conditions checked, compliance with legally established technical requirements, any conditions that if deems necessary to satisfy and the deadline for its implementation. 6-in the three days following the expiry of the period referred to in the preceding paragraph, the applicant has performed the conditions must apply for second inspection to the competent body, apply mutatis mutandis the provisions of paragraphs 3 to 5. 7 – determines the refusal of the application for authorisation: the) implementation of conditions imposed in accordance with paragraph 5; b) the lack of application for second inspection within the time limit laid down in paragraph 6.



Article 90 81 urgent Survey 1 – on the date of submission of the application, the applicant may request, with the request for authorization, to carry out urgent survey, since present declaration under rules of engagement on how all requirements that are not subject to it have been satisfied. 2-in the case referred to in the preceding paragraph: a) is marked inspection within 30 days of the date of submission of the application and notified the applicant for payment of the respective fee; b) being fulfilled the requirements verified by inspection referred to in (a)) c) of paragraph 1 of article 86 and checked the items referred to in paragraph 3 of article 87, the competent body issuing the authorization required; c) the application must be decided within 45 days of the date of its presentation. 3-to carry out the urgent survey applies the provisions of paragraphs 4 and 5 of the preceding article. Article 91 alteration of authorization 1-The application for a change of authorisation, as regards activities or high risk activities in which the service can be provided, shall apply the provisions of the preceding articles, taking into account only the elements which must be modified in the light of the requested change. 2-the new survey modified elements according to the request for amendment of authorisation include installations, as well as the equipment and instruments referred to in paragraph 1(e)) g) of paragraph 3 of article 86 Article 82 92 prior payment of fees 1-are subject to payment of the following acts: the rate) appreciation of the application for authorisation or amendment thereof; b) survey Marking in accordance with subparagraph (a) and paragraph 1) Article 81: c) Marking of inspection pursuant to paragraph 1 of article 89; d) urgent survey marking, in accordance with the provisions of paragraph 1 of article 90; and Audit capacity assessment) and the quality of the provision of services, following the notification referred to in article 95; 2-the rates referred to in paragraph 1 are laid down in Ordinance of the Government officials responsible for the areas of finance, labour and health, taking into account the types of acts, the areas to which they relate and high risk activities integrated into sectors of activity to which the authorization relates. 3-the payment of the fee must be paid: a) in 10 working days after notification of the competent body, in the cases referred to in (a)) c) of paragraph 1; b) before made the decision to change, when it doesn't involve survey; c) In 10 working days after notification of the date of implementation of the audit referred to in point (d)) of article 1. 4-the survey is carried out by establishment, including mobile units. 5-non-payment of the fees referred to in the preceding paragraphs gives way to extinction of the request for authorisation.

83 Article 93 fees the product Product fees reverts to the competent body. Article 1 Decision 94-authorization to pursue the occupation health and safety external service mode, its amendment and revocation are decided by order of the governing body the competent body for promoting safety and health at work of the Ministry responsible for labour or area of the body that runs the competent body of the Ministry responsible for health , as defined in paragraph 3 of article 85 2-the authorization decision must specify the areas of health or safety and, where appropriate, high risk activities covered. 3-The competent authorities shall inform each other, by email on a monthly basis, the relationship of the permits issued, indicating the name of the company, the tax ID, the location of the headquarters and the establishments, the identity of the directors or managers, as well as the date of the authorization. 4-authorization to pursue the occupation health and safety external service mode must be decided within 90 days from the date of entry of the application. 5-Notwithstanding the provisions of this Act, is applicable in the code of administrative procedure.

84 SUBSECTION III monitoring and audits article 95 1-Monitoring the external service must communicate to the competent authority which issued its authorization shall, within 30 days after the occurrence, the interruption or termination of its operation, as well as any changes affecting the legal nature and the object, the location of the seat or of your accommodation and the requirements referred to in paragraph 1 of article 86 2 – the competent bodies pursuant to This Act shall exchange among themselves information on communications received in accordance with paragraph 1. 3 – Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 96 1 Audit-the ability of foreign services authorized and the quality of his performance is evaluated through audit, which focuses on the requirements referred to in paragraph 1 of article 86 2-audits are carried out in the wake of the communications referred to in the preceding article or by initiative: a) the competent body for promoting safety and health at work of the Ministry responsible for labour area or of the competent body of the Ministry responsible for health as regards facilities, taking into account the conditions of safety and health at work;



85 (b)) the competent body of the Ministry responsible for the area of health, with regard to conditions of service in the field of health at work, in particular the number of technical staff, recourse to subcontracting, work equipment at Headquarters and in the establishments and equipment to evaluate health conditions, and technical procedures of promotion and health monitoring; (c)) The competent body for the promotion of safety and health at work of the Ministry responsible for labour area, in relation to the service operating conditions in the area of safety at work, the number of technical staff, recourse to subcontracting, work equipment at Headquarters and in establishments, equipment for the evaluation of security conditions at work and personal protective equipment. 3-The services referred to in the preceding paragraph may resort to outsourcing of specialized technical services, given the complexity or technical expertise of tasks to perform. 4-within the scope of the audits, the quality of the services provided can be evaluated through monitoring visits to the health and safety conditions in workplaces of the companies to whom the services are provided. Article 97 Suspension, revocation or reduction of 1 authorization – taking into consideration the changes communicated under article 95 or verified through audit, the lack of essential requirements for the operation of external services or non-exercise of verification activities referred to in article 99, the competent body may suspend, revoke, or reduce the authorization as regards the fields of safety and health , to sectors of activity or high-risk activities.


86 2-suspension decided in accordance with the preceding paragraph shall have a maximum duration of two years, being necessarily communicated to the body of another competent Ministry. Section V running of the Office of safety and health at work Article 98 Objectives of security and health at work aims to: a) Ensure working conditions that safeguard the safety and physical and mental health of workers; b) Develop the technical conditions which ensure the application of the preventive measures laid down in article 16; c) Inform and train workers in the field of safety and health at work; d) inform and consult workers ' representatives for safety and health at work or, failing that, the workers themselves. Article 99 main service Activities of safety and health at work 1-safety and health at work shall take the necessary measures to prevent occupational hazards and promote the safety and health of workers, in particular: (a) Planning, integrating prevention)-at all levels and for all the company's activities, the assessment of risks and their prevention; b) to carry out risk assessments, preparing their reports;

87 c) Drafting the occupational risk prevention plan, as well as detailed plans of prevention and protection required by specific legislation; d) Participate in drawing up the internal emergency plan, including specific plans for fire-fighting, evacuation and first aid facilities; and Collaborate in the design of sites), methods and organization of work, as well as in the selection and maintenance of work equipment; f) Oversee the provision, the validity and the conservation of personal protective equipment, as well as the installation and maintenance of security signaling; g) carry out health surveillance tests, preparing the reports and the chips, as well as organize and maintain updated clinical records and other information relating to the worker; h) Develop health promotion activities; I) Coordinate the measures to be taken in the event of serious and imminent danger; j) Monitor the working conditions of workers in vulnerable situations; l) Devise and develop the information programme for the promotion of safety and health at work, promoting the integration of preventive measures in information and communication systems in the company; m) design and develop the training programme for the promotion of safety and health at work; n) support the activities of information and consultation of workers ' representatives for safety and health at work or, failing that, the workers themselves; the) ensure or monitor the implementation of preventive measures, promoting efficiency and operation;

88 p) Arrange the elements required for compulsory notifications; q) draw up the obligatory participation in the event of an accident at work or occupational disease; r) Coordinate or accompany internal audits and inspections; s) Analyze the causes of accidents at work or occupational diseases occur, preparing their reports; t) Collect and organize statistical elements relating to safety and health at work. 2-the service of safety and health at work must keep up to date, for the purposes of consultation, the following elements: a) results of occupational risk assessments; b) list of accidents that have raised absence for incapacity for work, as well as accidents or incidents that assume particular gravity in terms of safety at work; c) reports on accidents at work that entail absence for incapacity for work or to reveal evidence of particular gravity in terms of safety at work; d) List of sick leave and the number of days absent to the work, to be posted by the personal service and, in the case of occupational diseases, the ratio of reported diseases; e) list of measures, proposals or recommendations made by the safety and health at work.



89 3-When the activities referred to in the preceding paragraphs involve the adoption of measures whose implementation depends essentially of other officials of the company, the service of safety and health at work must inform them about the same and cooperate in their implementation. 4-the employer must keep the documentation relating to the implementation of the activities referred to in the preceding paragraphs at the disposal of the competent inspection bodies for five years. 5-Constitutes a serious infraction violation of provisions of this article. Article 100 internal and common service qualification 1-the Organization of internal services and common services must meet the requirements defined in paragraph 1 (b))) of paragraph 1 of article 86, as well as the human resources, the provisions of articles 102 and 106-2 Constitutes a serious infraction the breach of the provisions of the preceding paragraph. SECTION VI Security Service at work article 101 1-technical activities activities safety techniques are carried out by senior technicians or technical safety and hygiene at work, certified by the competent body for the promotion of safety and health at work of the Ministry responsible for labour area, in terms of special legislation. 2-the professionals referred to in the preceding paragraph shall carry out their activities with technical autonomy.

90 3-Constitutes a serious infraction, imputable to the employer, hiring coach that does not meet the requirements identified in paragraph 1. Article 102 minimum guarantee for the operation of the occupational safety service 1-the activity of the security services should be carried out regularly in his own establishment for as long as necessary. 2-the allocation of senior technicians or technologists occupational safety activities, company, is established as follows: a) In industrial establishment — up to 50 employees, 1 technician, and above 50, 2 technicians, for every 1500 workers covered or portion of the property, being at least one of them senior technician; b) in all other establishments — up to 50 employees, 1 technician, and above 50 2 technical workers, for every 3000 workers covered or portion of the property, being at least one of them high-level technicien. 3-the competent body for the promotion of safety and health at work of the Ministry responsible for labour may determine a more extended duration of activity of the security services in establishment where, regardless of the number of workers, the nature or severity of occupational risks, as well as the indicators of accidents, more effective action is justified. 4-Constitutes a serious infraction violation of paragraphs 1. Article 103 information and consultation service for safety and health at work 1-the employer must provide security services at work the technical elements on the composition of the products and equipment used.

91 2-safety services should be informed about all changes of the components of labour and materials consulted, in advance, about all situations with possible repercussions on workers ' safety. 3-the information referred to in the preceding paragraphs shall be subject to professional secrecy, without prejudice to the information relevant for the protection of the safety and health should be communicated to the workers involved, where this is necessary, and workers ' representatives for safety and health at work. 4-Constitutes a serious infraction the breach of the provisions of paragraphs 1 and 2. SECTION VII service of health at work Article 104 occupational physician 1-for the purposes of this law, occupational physician the medical doctor with a specialty in occupational medicine recognized by the order of Doctors. 2-also considered occupational physician, one who is recognized technical suitability for the performance of their duties, in accordance with the law. 3-in the case of proven failure of doctors qualified in accordance with work referred to in the preceding paragraphs, the competent body of the Ministry responsible for health may authorize other graduates in medicine to exercise their functions, which, within four years from the date of their authorisation, must present proof of obtaining expertise in occupational medicine to be prohibited the continuation of the performance of listed functions.


92 article 105 Nurse work 1-In company with more than 250 workers, the occupational physician must be assisted by a nurse with relevant experience. 2-the activities to be undertaken by the nurse are the subject of special legislation. 3-Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 106 minimum guarantee of operation of occupational health service 1-the occupational physician shall provide activity for the number of hours required for the realization of medical acts, routine or emergency and other works that should coordinate. 2-the occupational physician must know the material components work with influence on health of workers developing for this purpose in establishing, in the following terms: a) In industrial establishment or other establishments with high risk, at least 1 time per month for each group of 10 workers or fraction; b) in all other establishments, at least 1 time per month for each group of 20 workers or fraction. 3-The occupational physician is prohibited to ensure surveillance of the health of a number of employees that match more than 150 hours of activity per month. 4-Constitutes a serious infraction violation of paragraphs 1.

93 Article 107 access to information the occupational physician has access to the information referred to in paragraphs 1 and 2 of article 103, which are covered by the obligation of professional secrecy, pursuant to paragraph 3 of the same article. Article 108 health monitoring the technical responsibility of health surveillance is the responsibility of the occupational physician. Article 109 health exams 1-the employer must promote health exams to evaluate the physical and mental fitness of the worker to the activity, as well as the repercussions of this and the conditions under which it is provided in health. 2-consultations the health surveillance must be carried out by doctor who meet the requirements set out in article 104 3-without prejudice to the provisions of special legislation, the following tests shall be carried out: a) entrance exams, prior to the commencement of the provision of work or, if the urgency of the admission in the 15 days following justified; b) periodic inspections, annual minors and for workers over the age of 50 years, and every two years for the remaining workers;



94 c) occasional Tests, where there are substantial changes in the components work materials that may have harmful repercussions on workers ' health, as well as in the case of return to work after an absence of more than 30 days by reason of illness or accident. 4 — the occupational physician, in view of the State of health of the worker and to the results of prevention of occupational risks in the enterprise, can reduce the frequency of examinations provided for in the preceding paragraph. 5 — the occupational physician must take into account the result of the examinations that the worker has been subjected and to keep up to date, and shall establish the necessary cooperation with the attending physician. 6-Constitutes a serious infraction the breach of the provisions of paragraphs 1 and 3, as well as the use of medical service not enabled in accordance with article 104, imputable to the employer. Article 110 chart 1-The clinical observations relating to health are noted in the medical record of the worker. 2-the chart is subject to professional secrecy and may only be provided to health authorities and doctors assigned to the body responsible for the promotion of safety and health at work of the Ministry responsible for labour area. 3-for the purposes of the preceding paragraphs, the medical record must not contain data on the race, nationality, ethnic origin or information about personal habits of the employee, except when the latter are related to specific diseases or other health data.

95 4-the doctor responsible for health surveillance shall deliver to the employee to stop providing service in the enterprise copy of the chart. 5-In case of cessation of activity, the charts should be sent for service with competence for the recognition of occupational diseases in the area of social security. 6-light infraction Is violation of provisions of this article, imputable to the employer in the case of domestic service, or to the holder of common service or external service which is not agreed. Article 111 1-Face fitness certificate to the result of entrance examination, periodic or occasional basis, the occupational physician must, immediately following the examination carried out, fill out an application to fitness and mail, within 24 hours, a copy to the person in charge of the company's human resources. 2-If the result of health reveal the unfitness of the employee, the occupational physician must indicate, where appropriate, other functions that can be performed. 3 fitness file cannot contain elements that involve professional secrecy. 4-the fitness certificate must be given to the employee. 5-where the impact of the work and the conditions under which the same is provided to be harmful to workers ' health, the occupational physician shall communicate such fact to the service responsible for safety and health at work. 6-the fitness card model is fixed by order of the Government officials responsible for the area of employment and healthcare.



96 7-light infraction Is violation of the provisions of paragraphs 1, 2, 3 and 4, being the same attributable to the employer in the case of domestic service, or to the holder of common service or external service which is not agreed. CHAPTER VII supplementary provisions, transitional and final article 112 1 Communications-Without prejudice to any other notifications provided for by law, the employer must report to the competent body for the promotion of safety and health at work the fatalities, as well as those showing a particularly serious situation, in the 24 hours after the occurrence. 2-the notification referred to in the preceding paragraph shall contain the identification of the injured worker and the description of the facts and shall be accompanied by information and records about the times of work provided by the worker in the 30 days leading up to the accident. 3-Constitutes a serious infraction violation of paragraphs 1. 113 article info on the service's annual activity safety and health at work the employer shall provide, within the framework of the information concerning the social activity of the company, information about annual activity developed by the safety and health at work in each establishment.



97 Article 114 Notifications and communications the notifications and communications of the employer's liability provided for in this law shall be carried out on electronic model approved by Ordinance of government officials responsible for the area of employment and healthcare. Article 115 list of Publicity permits the competent bodies pursuant to this law keep up to date a list with details of the permits issued, with express indication of which are withdrawn, suspended or reduced authorization scope, publicized in their electronic pages. Article 116 penalties 1-in the case of very serious infraction or recurrence in serious infraction, practised with intent or gross negligence, is applied to the agent the accessory penalty of advertising laid down in the labour code. 2-in the case of recurrence in a misdemeanour provided for in the preceding paragraph, taking into account the effects compensated for the employee or the economic benefit withdrawn by the employer with the failure, can still be applied to the following penalties: 98 a) Interdiction of activity in the establishment, in the plant or in the shipyard where the infringement is established, for a period of up to two years; b) ineligibility to participate in arrematações or tender for a period of up to two years. Article 117 gravity and incidence rates of accidents at work for the purposes of this law, the average rates of incidence and severity of industrial accidents in the sector are cleared by the competent body for the production of labour statistics of the Ministry responsible for labour area, with regard to the data of the social balance sheets for the last few years with points available. Article 118 transitional authorization Scheme 1-the provisions of section IV of Chapter VI shall apply to applications for authorisation is required before the date of entry into force of this law. 2-The entities who, on the date of entry into force of this law, are with request for authorisation under consideration, shall, within 30 days, request the competent body marking of the survey provided for in article 89 3-the lack of request for inspection pursuant to the preceding paragraph determines the extinction process. 4-in the cases provided for in paragraph 2, the period for granting the authorization begins from the date of application for survey marking, being extended to 120 days.

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Article 119 Amendment to statutes authorized entities which are to provide health and safety activities at work in external service, membership type, have one year from the date of entry into force of this law, to adapt its statutes in accordance with the provisions of subparagraph (a)) of paragraph 2 of article 84 Article 120 autonomous regions in the application of this law to the autonomous regions are taken into account legal powers granted to the respective agencies and regional services. Rule 121 Rule set 1-shall be repealed: a) Decree-Law No. 441/91 of 14 November; b) Decree-Law No. 26/94, of 1 February; c) Decree-Law No. 29/2002, of 14 February; d) the ministerial order No. 1179/95, of 26 September. 2-the repeal of ministerial order No. 1179/95, of 26 September, which approved the notification mode model adopted by the employer to the service organization of safety and health at work, shall take effect as from the entry into force of the Ordinance referred to in article 114 100 122 entry into force this law shall enter into force on the first day of the month following its publication.

Seen and approved by the Council of Ministers of 7 May 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency