Key Benefits:
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Proposal for Law No 156 /XII
Exhibition of Motives
The Act No. 102/2009 of September 10, amended by Law No. 42/2012 of August 28,
proceeded to the systematization and unification of subjects from the area of safety and health in the
work and established the legal regime of the promotion and prevention of safety and health in the
work.
This Law proceeds to the revision of the legal regime provided for in Law No. 102/2009, 10 of
September, amended by Law No. 42/2012 of August 28, with the aim of conforming them
with the provisions of the Decree-Law No. 92/2010 of July 26 laying down the principles and
the rules to simplify the free access and exercise of the activities of services carried out
in national territory, which transposed into the internal legal order the Directive
n. 2006 /123/CE, of the European Parliament and of the Council of December 12, 2006,
on services in the internal market Procede-se, still, the suitability of the references to the
safety professionals at work and their training to the training system
professional established in the framework of the said decree-law and the Decree-Law No. 92/2011, of
July 27, which creates the Access to Professions Regulatory System (SRAP), as
provisions laid down by Law No 42/2012 of August 28.
On the other hand, the present review is aimed at simplifying the procedures
applicable, in particular through the elimination of the authorization for the institution of the service
common and the need for renewal of the authorization concerning the security activities in the
work developed by the employer or by designated worker.
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The introduced changes are aimed also at simplification, speed, dematerialisation
and the greater transparency of procedures and, therefore, the promotion of the improvement of the
conditions of access and exercise of the external service delivery activity of
safety and health at work, without prejudice to ensuring its quality and efficiency,
clarifying even some situations aroused in the application of the version currently in
vigour.
He also took the opportunity to update the Act No 102/2009 of September 10,
amended by Law No. 42/2012 of August 28, by virtue (i) of the approval of the Decree-Law
n ° 98/2010 of August 11 laying down the regime to which the classification is complied with,
packaging and labelling of hazardous substances for human health or for the environment,
with a view to its placing on the market, which transposes the Directive No 2006 /121/CE, of the
European Parliament and of the Council of December 18, 2006 partially transposes the
Directive No 2008 /112/CE, of the European Parliament and of the Council of December 16 of
2008, (ii) of the approval of Regulation (EC) No 1272/2008, of the European Parliament and of the
Council, of December 16, 2008 on the classification, labelling and packaging of
substances and mixtures, and (iii) of the extinction of the National Council of Hygiene and Safety in the
Work, by the Decree-Law No. 126-C/2011 of December 29, as amended by the Decree-Law
n. 266/2012, of December 28.
It is further clarified that the provisions of Law No. 102/2009 of September 10, amended by the
Law No. 42/2012 of August 28, do not apply to situations regulated by own schemes
on safety and health at work, of which they are an example of the resulting schemes of
special directives approved under Directive No 89 /391/CEE, of the Council, of 12 of
June 1989, or the regimes resulting from the application of international conventions, in the
measure in which such regimes have amusement, remaining the Act
n ° 102/2009 of September 10, as amended by Law No. 42/2012 of August 28, as the
general regime, of subsidiary application.
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Consultations were promoted to the self-governing bodies of the Autonomous Regions and,
upon public discussion to be held in the Assembly of the Republic, they must be assured
all procedures necessary for the guarantee of the participation of the structures
representative of employees and employers, in accordance with the provisions of the
articles 470 and 472 of the Labour Code.
The social partners with a seat on the Standing Committee on Concertation were heard
Social.
Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Article 1.
Object
1-A This Law proceeds to the second amendment of the Act No 102/2009 of September 10,
amended by Law No. 42/2012 of August 28 approving the legal regime of promotion
of safety and health at work, conforming to it with the discipline of the Decree-Law
n ° 92/2010 of June 26, which transposed Directive No 2006 /123/CE, of Parliament
European and of the Council of December 12, 2006 on services on the market
internal.
2-A This Act further proceeds to the second amendment to Decree-Law No. 116/97, 12 of
may, as amended by Law No. 113/99 of August 3 laying down the general principles
concerning the minimum safety and health requirements at work on board the vessels
of fishing.
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Article 2.
Amendment of Law No 102/2009 of September 10
Articles 1, 2, 3, 15, 19, 43, 43, 47, 49, 53, 59, 66, 66, 66, 66, 66, 66, 66, 66, 66, 66
68, 72, 74, 77, 78, 81, 83, 84, 85, 86, 88, 88., 88, 91, 90, 94, 94, 94, 94, 94, 94
95, 100, 108, 114, 114, and 115 of Law No. 102/2009 of September 10, as amended by the
Law No. 42/2012 of August 28, they shall pass the following essay:
" Article 1.
[...]
This Law establishes the legal regime applicable to the:
a) Promotion of safety and health at work, including the
prevention, in accordance with the provision in Article 284 of the Code of the
Work;
b) Protection of pregnant worker, puerpera or lactating in case of
activities likely to present specific risk of exposure to
agents, processes or working conditions, in accordance with the
provided for in Article 62 (6) of the Labour Code;
c) Protection of minor in case of works which, by their nature or
by the conditions in which they are provided, are detrimental to their
physical, psychic and moral development, according to the forecast
in Article 72 (6) of the Labour Code.
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Article 2.
[...]
1-A This Law transposes to the internal legal order the Directive
n 89 /391/CEE of the Council of June 12, 1989 on the application
of measures to promote the improvement of the safety and health of the
workers at work, as amended by Regulation (EC) No 1882/2003,
of the European Parliament and of the Council of September 29, 2003 by the
Directive No 2007 /30/CE, of the European Parliament and of the Council, of 20 of
June 2007, and by Regulation (EC) No 1137/2008, of Parliament
European and the Council of October 22, 2008.
2-A This Law further complements the transposition of the following directives
European:
a) Directive No 91 /383/CEE of the Council of June 25, 1991, which
complete the implementation of measures to promote the improvement of the
safety and health of workers who have a relationship of
work on term or a temporary working relationship, changed by the
Directive No 2007 /30/CE, of the European Parliament and of the Council, of
June 20, 2007;
b) Directive No 92 /85/CEE of the Council of October 19, 1992,
on the implementation of measures to promote the
improvement of the safety and health of pregnant employees,
pubs or lactating in the work, amended by the Directive
n. 2007 /30/CE, of the European Parliament and of the Council, of 20 of
June 2007;
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c) Directive No 94 /33/CE of the Council of June 22, 1994 on
to the protection of young people at work, amended by the Directive
n. 2007 /30/CE, of the European Parliament and of the Council, of 20 of
June 2007;
d) With respect to the protection of genetic heritage, the directives
containing minimum safety and health requirements at work
against chemical, physical and biological agents, specifically:
i) The Directive No 2004 /37/CE, of the European Parliament and of the
Council, of April 29, 2004, concerning the protection of the
workers against risks linked to the exposure of agents
carcinogenic or mutagenic during work;
ii) The Directive No 2000 /54/CE, of the European Parliament and of the
Council, of September 18, 2000, concerning the protection of the
workers against risks linked to exposure to agents
biological during the work;
iii) The Council's Directive No 98 /24/CE of April 7, 1998,
on the protection of safety and health of workers
against the risks linked to exposure to chemical agents in the
work, as amended by Directive No 2007 /30/CE, of Parliament
European and the Council of June 20, 2007.
Article 3.
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[...]
1-Except to the extent that special regimes have amusement, the
present law applies:
a) [...];
b) [...];
c) [...].
2-In cases of family farms, of the activity developed by
craftsmen in own premises or from the exercise of fishing activity in
that the shipowner does not explore more than two vessels with
length of less than 15 metres, the scheme established for the
independent worker.
3-[...].
Article 4.
[...]
For the purposes of this Law, it is understood by:
a) "Worker" the natural person who, upon retribution, obliges himself to
provide service to an employer and, well, the thyrocinante, the
trainee and the apprentice, and those in economic dependence
of the employer on the grounds of the means of work and the result of its
activity, although not holders of a legal employment relationship;
b) [...];
c) [...];
d) [...];
e) [...];
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f) [...];
g) [...];
h) [...];
i) [...];
j) "Auditing" the activity or set of developed activities
by the competent bodies for the promotion of safety and health
in the work of the ministries responsible for the labour areas and the
health, with the aim to check the fulfilment of the assumptions
that gave rise to the authorisation for the provision of the services of
safety and health at work, as well as the quality of service
provided.
Article 15.
[...]
1-[...].
2-[...]:
a) Avoiding the risks
b) To plan for prevention as a coherent system that integrates the
technical developments, the organisation of the work, the working conditions,
social relations and the influence of environmental factors;
c) Identification of the foreseeable risks in all the activities of the company,
establishment or service, in the conception or construction of facilities,
of places and work processes, as well as in the selection of
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equipment, substances and products, with a view to the elimination of the
same or, when this is unviable, to the reduction of its effects;
d) Integration of risk assessment for the safety and health of the
worker in the set of the activities of the company, establishment or
service, and should adopt the appropriate protective measures;
e) Combating risks at the origin, in order to eliminate or reduce the
exposure and increase levels of protection;
f) Ensure, in the workplaces, that the exhibitions to the agents
chemists, physicists and biological and the psychosocial risk factors not
constitute risk to the safety and health of the worker;
g) Adaptation of the work to man, especially with regard to the
design of the jobs, the choice of equipment of
work and the methods of work and production, with a view to,
notably, mitigating monotonous work and repetitive work and
reduce psychosocial risks;
h) Adaptation to the state of evolution of the technique, as well as to new forms
of organization of the work;
i) Replacement of what is dangerous by what is danger-free or less
dangerous;
j) Prioritization of collective protection measures in relation to the measures of
individual protection;
l) Elaboration and dissemination of comprehensible and appropriate instructions to
activity developed by the worker.
3-[...].
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4-[...].
5-[...].
6-[...].
7-[...].
8-[...].
9-[...].
10-[...].
11-[...].
12-The employer supports the entirety of the charges with the organization and the
operation of the safety and health service at work and too much
prevention systems, including health surveillance examinations, assessments
of exhibitions, tests and all the necessary actions in the scope of promotion
of safety and health at work, without imposing on workers any
financial charges.
13-[...].
14-[...].
15-[...].
Article 18.
[...]
1-The employer, with a view to obtaining advice, must consult in writing
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and, at least, once a year, previously or in good time, the
representatives of workers for safety and health or, failing that,
the workers themselves on:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) The modality of services to be adopted, as well as the facility to services
external to the company and qualified technicians to ensure the
realization of all or part of the safety and health activities in the
work, in accordance with Article 74 (2).
i) [...];
j) [...];
k) The annual list of fatal accidents at work and of those occasioned
disability for work greater than three working days, elaborated up to
to the expiry of the deadline for delivery of the single report relating to the
information about the social activity of the company;
l) [ Previous point m )];
2-[...].
3-[...].
4-[...].
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5-[...].
6-The consultations, respect for answers and proposals provided for in paragraphs 1 and 4
must appear on record in self-organized book by the company,
particularly in informatics support.
7-[...].
8-[...].
Article 19.
[...]
1-[...].
2-[...].
3-The employer shall inform employees with specific functions in the
field of safety and health at work on the subjects referred to in the
points a ), b ), i ) and k ) of paragraph 1 and in paragraph 2 of the preceding Article.
4-[...].
5-[...].
6-[...].
7-[...].
8-[...].
Article 41.
[...]
1-[...]:
a) The hazardous substances which, pursuant to the Regulation (EC)
n 1272/2008, of the European Parliament and of the Council, of 16 of
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december 2008, pertaining to the classification, labelling and packaging of
substances and mixtures, are classified in one or more of the following
classes of danger:
i) Carcinogenicity, categories 1A, 1B or 2;
ii) Reproductive toxicity, categories 1A, 1B, 2 or with effects
on lactation or through it;
iii) Mutagenicity in germ cells, categories 1A or 1B;
b) Until May 31, 2015 the dangerous mixtures which, in the terms of the
Decree-Law No. 82/2003 of April 23, amended by the Decree-Law
n. 63/2008 of April 2, are classified as harmful (Xn) and
qualified by one or more of the following risk warnings:
i) "R 40-possibility of carcinogenic effects";
ii) "R 45-can cause cancer";
iii) "R 46-may cause hereditary genetic alterations";
iv) "R 49-can cause cancer by inhalation";
v) "R 60-can compromise fertility";
vi) " R 61-risk during pregnancy with adverse effects in the
descent ";
vii) "R 62-possible risks of compromising fertility";
viii) " R 63-possible risks during pregnancy of effects
warns in the offspring ";
ix) "R 64-toxic effects on reproduction";
c) From June 1, 2015 the dangerous mixtures that, in the terms
of Regulation (EC) No 1272/2008, of the European Parliament and of the
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Council, of December 16, 2008, concerning classification,
labelling and packaging of substances and mixtures, are classified
in one or more of the following danger classes:
i) Carcinogenicity, categories 1A, 1B or 2;
ii) Reproductive toxicity, categories 1A, 1B, 2 or with effects
on lactation or through it;
d) Mutagenicity in germ cells, categories 1A or 1B;
e) [ Previous Article b )];
f) [ Previous point c )].
2-[...].
Article 43.
[...]
1-[...].
a) Hazardous substances and mixtures, work equipment and the
materials or raw materials present in the workplaces that
may pose a danger of aggression to genetic heritage;
b) [...];
c) [...].
2-[...].
3-[...].
4-[...].
Article 46.
[...]
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1-[...].
2-[...].
3-[...].
4-If the company ceases the activity, the records and files should be
transferred to the competent body of the member of the Government
responsible for the labour area, with the exception of the clinical fact sheets, which must
be sent to the competent body of the ministry responsible for the
area of health, which ensure its confidentiality.
5-[...].
6-[...].
Article 47.
[...]
1-[ Revoked ].
2-The competent bodies of the ministries responsible for the labour areas
and health can draw up technical guides containing practical guidelines
on the prevention and protection of agents and susceptible factors of implicit
risks to the genetic heritage of the worker or his descendants
Article 49.
[...]
1-[...].
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2-[...].
3-[...].
4-[...].
5-The body referred to in paragraph 3 gives knowledge of the information received to the
competent body of the ministry responsible for the area of health and the
service with skills for the recognition of occupational diseases
in the area of social security and confirms the recetion of the communication with the
necessary information, indicating, being the case, the measures
supplementary protection of workers that the employer must
apply.
6-[...].
Article 53.
[...]
[...]:
a) Hazardous substances classified in one or more of the following
classes of danger:
i) Mutagenicity in germ cells, categories 1A or 1B;
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ii) Reproductive toxicity, categories 1A, 1B or with effects on
lactation or through it,
in the terms of Regulation (EC) No 1272/2008 of Parliament
European and of the Council of December 16, 2008 on the
classification, labelling and packaging of substances and mixtures.
b) [...].
Article 54.
[...]
[...]:
a) [...];
b) Substances classified as toxic for reproduction with effects
about lactation or through it,
in the terms of Regulation (EC) No 1272/2008 of Parliament
European and of the Council of December 16, 2008 on the
classification, labelling and packaging of substances and mixtures;
c) [...].
Article 59.
[...]
[...]:
a) Hazardous substances classified in one or more of the following classes
of danger:
i) Carcinogenicity, categories 1A, 1B or 2;
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ii) Reproductive toxicity, category 2,
in the terms of Regulation (EC) No 1272/2008, of the
European Parliament and of the Council of December 16
2008, relating to the classification, labelling and packaging of
substances and mixtures;
b) Until May 31, 2015, qualifying hazardous mixtures with one or
more of the following risk warnings:
i) "R 40-possibility of carcinogenic effects";
ii) "R 45-can cause cancer";
iii) "R 49-can cause cancer by inhalation";
iv) " R 63-possible risks during pregnancy of effects
undesirable in the offspring ", pursuant to the Decree-Law
n. 82/2003 of April 23, as amended by the Decree-Law
n. 63/2008 of April 2;
c) As of June 1, 2015, dangerous mixtures classified in a
or more of the following danger classes:
i) Carcinogenicity, categories 1A, 1B or 2;
ii) Reproductive toxicity, category 2,
in the terms of Regulation (EC) No 1272/2008 of Parliament
European and of the Council of December 16, 2008 on the
classification, labelling and packaging of substances and mixtures;
d) [ Previous point b )];
e) [ Previous point c )];
f) [ Previous point d )];
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g) [ Previous point and )];
h) [ Previous point f )];
i) Substances or mixtures that free up in industrial processes
referred to in the following article.
Article 64.
Chemical agents, substances and mixtures
1-[...].
2-Are prohibited to the slightest the activities where there is risk of exposure to
substances classified in accordance with Regulation (EC)
No. 1272/2008, of the European Parliament and of the Council, of December 16
of 2008, relating to classification, labelling and packaging of substances and
mixtures in one or more of the following danger classes:
a) Acute toxicity, categories 1, 2 or 3;
b) Cutaneous corrosion, categories 1A, 1B or 1C;
c) Inflammable gas, categories 1 or 2;
d) Inflammable liquid, category 1;
e) Self-reactive substance, type CD;
f) Explosive, "unstable explosive" category, or divisions 1.1, 1.2, 1.3 or
1.5;
g) Toxicity to specific organs-specific target (single exposure), category
1;
h) Toxicity to specific target organs (repeated exposure),
categories 1 or 2;
i) Respiratory sensitization, category 1;
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j) Skin sensitization category 1;
k) Carcinogenicity, categories 1A, 1B or 2;
l) Mutagenicity in germ cells, categories 1A or 1B;
m) Reproductive toxicity, categories 1A or 1B.
3-Are prohibited to the slightest the activities where there is risk of exposure to
mixtures that, until May 31, 2015 pursuant to the Decree-Law
n. 82/2003 of April 23, as amended by Decree-Law No. 63/2008, 2 of
april, are classified as toxic (T), very toxic (T +), corrosive
(C) or explosive (E).
4-Are prohibited to the slightest the activities where there is risk of exposure to
mixtures that, until May 31, 2015 pursuant to the Decree-Law
n. 82/2003 of April 23, as amended by Decree-Law No. 63/2008, 2 of
april, are classified as harmful (Xn) and qualified by one or more
of the following risk warnings:
a) "R 39-danger of very serious irreversible effects";
b) "R 40-possibility of carcinogenic effects";
c) "R 42-may cause inhalation awareness";
d) "R 43-may cause sensitization in contact with the skin";
e) "R 45-can cause cancer";
f) "R 46-may cause hereditary genetic alterations";
g) " R 48-risks of serious health effects in the event of exposure
prolonged ";
h) "R 60-can compromise fertility";
i) " R 61-risk during pregnancy, with adverse effects on
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descent ".
5-Are prohibited to the slightest the activities where there is risk of exposure to
mixtures that, until May 31, 2015 pursuant to the Decree-Law
n. 82/2003 of April 23, as amended by Decree-Law No. 63/2008, 2 of
april, are classified as irritants (Xi) and qualified by one or more
of the following risk warnings:
a) "R 12-extremely inflammable";
b) "R 42-may cause inhalation awareness";
c) "R 43-can cause sensitization in contact with the skin".
6-Are prohibited to the slightest the activities where there is risk of exposure to
mixtures that as of June 1, 2015 are classified in
compliance with Regulation (EC) No 1272/2008 of Parliament
European and of the Council of December 16, 2008 on the
classification, labelling and packaging of substances and mixtures in one or
more of the following danger classes:
a) Acute toxicity, categories 1, 2 or 3;
b) Cutaneous corrosion, categories 1A, 1B or 1C;
c) Inflammable gas, categories 1 or 2;
d) Inflammable liquid, category 1;
e) Self-reactive substance, type CD;
f) Explosive, "unstable explosive" category, or divisions 1.1, 1.2, 1.3 or
1.5;
g) Toxicity to specific organs-specific target (single exposure), category
1;
h) Toxicity to specific target organs (repeated exposure),
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categories 1 or 2;
i) Respiratory sensitization, category 1;
j) Skin sensitization category 1;
k) Carcinogenicity, categories 1A, 1B or 2;
l) Mutagenicity in germ cells, categories 1A or 1B;
m) Reproductive toxicity, categories 1A or 1B.
Article 66.
[...]
1-[...]:
a) [...];
b) [...];
c) Use of vats, tanks, reservoirs, bottles or botiers that
contain chemical agents, substances or mixtures referred to in the
article 64;
d) [...];
e) [...];
f) [...];
g) [...];
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h) [...];
i) [...];
j) [...];
l) [...];
m) [...];
n) [...].
2-[...].
Article 68.
[...]
1-[...].
2-For the purposes of the preceding paragraph, in addition to the provisions of the a ) and b) from the
n Article 72 (1) of the Labour Code, the employer shall assess the
nature, the degree and duration of exposure of the minor to activities or
conditioned work and take the necessary measures to prevent such
risk, giving these facts knowledge of the service with competence
inspections of the safety and health conditions at work, namely
by electronica via the single electronic counter of the services, through
of communication in model approved by dispatching of the maximum leader
of the body with inspection competence of the ministry responsible for the
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labour area.
3-Constitute lightweight counterordinance applicable to the employer the non-communication
of the facts referred to in the preceding paragraph and serious counterordinance,
equally applicable to the employer, the violation of the rest willing us
previous numbers.
Article 72.
[...]
1-[...].
2-In cases of violation of the provisions of the provisions of the b ) a d ) from the previous number to
counterordinational responsibility falls on the employer and the
run-down entities.
Article 74.
[...]
1-A organization of the safety and health service at work, can adopt
in the terms of the following number, one of the following modalities:
a) [...];
b) [...];
c) [...].
2-Without prejudice to the provisions of Article 78 (3), the organization of the service
of safety and health at work must adopt the modality of service
internal, being admitted to the appeal to common or external service, in the terms,
Respect of section III and section IV of this Chapter, which shall ensure
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in whole or in part the development of those activities and, still, the
qualified technicians in sufficient number to ensure the
development of those activities only in the cases where in the company
or in the establishment there are not enough means to develop the
integrated activities in the operation of the safety and health service
at work on the part of the internal service or being in question the scheme
defined in Article 81.
3-[...]
4-[...]
5-[...]
6-[...]
7-[ Revoked ].
8-Constitute very serious counterordinance to the violation of the provisions of paragraph 5.
Article 76.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) Worker of fishing activity in vessel with length
less than 15 m whose shipowner does not explore more than two ships of
fishing up to that length;
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f) [...].
2-[...]
Article 77.
[...]
1-[...].
2-For the purposes of the preceding paragraph, it is understood by appropriate training to which
allow the acquisition of basic skills in security,
health, ergonomics, environment and organization of the work, be communicated
previously to the service with competence for the promotion of security and
health at the work of the ministry responsible for the labour area and be
provided, in the alternative, by:
a) Certified trainer entity or equiped in the terms of the law that
regulates the access and exercise of the vocational training activity of
top job security technician and safety technician
of the work;
b) Formative entity specifically certified for the purpose, in the
terms of the framework of certification framework of the forming entities,
with the constant adaptations of portaria to be approved by the member of the
Government responsible for the labour area, being competent authority
the body with inspection competence of the responsible ministry
by the labour area.
3-The certification manual provided for in the law regulating the access and exercise of the
professional training activity of superior safety technician of the
work and work safety technician describes the requirements of the
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formations referred to in the preceding paragraph, taking into account the necessary
articulation with the National Catalogue of Qualifications and the System of
Certification of Forming Entities.
4-Constitutes serious counterordinance to the violation of the provisions of paragraph 2.
Article 78.
[...]
1-[...].
2-Without prejudice to their technical autonomy, the technicians who ensure the service
referred to in the preceding paragraph provide their activity within the framework of the
organization and under the authority of the employer.
3-Saved in cases where it obtains dispensation pursuant to Art. 80, the
employer must institute internal service that covers:
a) [...];
b) [...];
c) [...].
4-[...].
5-[...].
Article 80.
[...]
1-[...].
2-[...].
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3-The competent body, after having verified the compliance of the
susceptible requirements for documentary appreciation and in the 45 days after the
presentation of the application, may, should you understand it necessary:
a) [...];
b) [...];
c) [...].
4-A The authorization referred to in paragraph 1 shall be revoked whenever it occurs
any of the following circumstances:
a) Have occurred a deadly work accident by violation of rules
of safety and health in the work charged to the employer;
b) The employer presents incidence and severity rates of
accidents at work in the last two years higher than the average of the
respect sector, whenever there are data available;
c) If you check occupational diseases contracted to the service of the company
or for which they have contributed directly and decisively the
working conditions of the company;
d) The employer has been convicted, in the last two years, by the
practice of very serious counterordinance or in reoffending by practice
of serious counterordinance in the field of safety and health in the
work.
5-[...].
6-[ Revoked ].
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7-[...].
Article 81.
[...]
1-[...].
2-[...].
3-The exercise of the activities provided for in paragraphs 1 and 2 depends on authorisation
granted by the competent body for the promotion of safety and
health at the work of the ministry responsible for the labour area.
4-For the purposes of the preceding paragraph, the application for authorisation shall be,
preferentially, effected by way of electronicity, pursuant to Art. 96 .ºA.
5-[ Revoked ].
6-A The authorization referred to in paragraph 3 shall be revoked whenever it occurs
any of the following circumstances:
a) In the company, in the establishment or set of establishments has
occurred a deadly work accident by violation of rules of
safety and health at work attributable to the employer;
b) The employer has been convicted, in the last two years, by the
practice of very serious counterordinance in safety and of
health at work or in reoffending by the practice of counterordinance
serious in the field of occupational safety and health;
c) The employer has not communicated to the body with competence
on the promotion of safety and health in the work of the
ministry responsible for the labour area the verification of the change of the
elements that substantiated the authorisation, within 30 days.
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7-[...].
8-[...].
9-[...].
10-The body with competence for the promotion of safety and health in the
work of the ministry responsible for the labour area has 45 days left
count from the date of entry of the application to grant the authorization
referred to in paragraph 3, considering the same, in the absence of a decision
express, tacitly dewounded.
11-Constitutes very serious counterordinance the exercise of the activities referred to
in paragraphs 1 and 2 without authorization.
Article 82.
Common service communication
1-[...].
2-The agreement establishing the joint service shall be concluded in writing and
communicated to the body with competence for the promotion of safety
and health in the work of the ministry responsible for the labour area or the
competent body of the ministry responsible for the area of health,
depending on the cases within the maximum period of 10 days after their conclusion.
3-A communication shall be accompanied, in addition to the agreement referred to in the
previous number, of reasoned opinion of the representatives of the
workers for safety and health at work or, failing that, of the
own workers and is presented, particularly by means of an electronica,
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through the single electronic counter of the services, according to the model
made available on the electrophic pages of the competent bodies.
4-[...].
5-Constitute very serious counterordinance applicable to each company covered
by the common services the violation of the provisions of paragraph 1 and counterordinance
serious the violation of the provisions of paragraphs 2 and 3.
Article 83.
[...]
1-[...].
2-[...]:
a) Associates-provided by associations with legal personality
not-for-profit whose statutory end will understand the activity of
provision of safety and health services at work;
b) Co-operatives-provided by cooperatives whose statutory object
understand the activity of provision of security and health services
in the work;
c) Private-provided by societies whose social object understands the
activity of provision of safety and health services in the
work or by natural person who holds the qualifications
legally required for the exercise of the activity.
d) [...].
3-[ Revoked ].
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4-[...].
Article 84.
[...]
1-The services provided for in the paragraph c ) of Article 74 (1), provided by
societies or by natural person, are subject to authorization.
2-[...].
3-[...].
4-On the amendment of the permit, with respect to sectors of activity and
high risk activities, the provisions of this subsection shall apply.
5-[...].
6-Constitutes very serious counterordinance the exercise of activity by service
external without authorization, namely for the area, the sector or the activity
of high risk in question.
7-A counterordinational liability referred to in the previous number recai
about the contracting employer and the contracted external service.
8-External services, contracted by company established in another State-
Member of the European Economic Area in the terms of the legislation of that
Member State, which is to provide services on national territory under the
n Article 4 (3) of the Decree-Law No 92/2010 of July 26 do not lack
of authorization, staying however subject to the conditions of exercise that
are applicable to you during the presence on the national territory of the
employer who hired them, in particular to the requirements relating to:
a) Qualifications of the technicians, constants of the law regulating access and
exercise of the professional training activity of higher technical
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safety of work and work safety technician;
b) Facilities, equipment and utensils of assessment of the conditions of
safety and health at work, in accordance with the prescriptions
minimum safety and health care at the places of work provided for in
special legislation;
c) To health units, should they respect the area of health, in the terms of
special legislation;
d) Procedures in the field of metrology relating to equipment
of assessing the conditions of safety and health at work and
utensils, in the terms of special legislation.
9-The provisions of the preceding paragraph shall be without prejudice to the mutual recognition of
requirements met in the Member State of origin, inter alia
relating to equipment and qualifications of the technicians.
10-The recognition of qualifications of technicians coming from others
Member States follows the terms prescribed in the law regulating access and
exercise of the professional training activity of higher technical
work safety and work safety technician.
Article 85.
[...]
1-[...]:
a) Permanent availability, at a minimum, of a top technician and
a safety technician in the work and availability of a doctor
of the work, which will exercise the respective activities of safety or of
health;
b) [...];
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c) [...];
d) [...];
e) Capacity for the exercise of the activities provided for in paragraph 1 of the article
98., without prejudice to the appeal to subcontracting only to the
execution of other tasks of high complexity or little
frequent;
f) [...].
2-[...].
3-[...]:
a) [...];
b) The nature of the links, as well as of the normal periods of
work of the top technical staff and safety technician of the
work and the monthly times of affection to the doctor of work and
nurse practitioner;
c) [...];
d) [...];
e) [...];
f) [...];
g) [...].
4-[...].
5-Are taken by fulfilment of the equivalent requirements or that they are aimed at
essentially the same purpose to which the applicant has already been
submitted, specifically in another Member State of the economic space
European.
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Article 86.
[...]
1-[...].
2-[...].
3-[...]:
a) [...];
b) Evidence of the opening up of activity in the competent finance department;
c) [...];
d) Copy of contracts concluded with the superior technicians and technicians
of safety, with the doctors of the work and nurses, when
reduced written, indicating the monthly time of affectation and the period
of the duration of the contract and, in the case of the medical activity of the
work, the place of provision;
e) [...];
f) [...];
g) Relation of equipment and utensils for assessment of conditions of
safety and health at work, with indication of the respect
technical characteristics, marks, models and serial numbers, to be used
at the head office and in establishments;
h) [...];
i) [...];
j) [...].
4-[...].
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5-[ Revoked ].
Article 88.
[...]
1-[...]:
a) [...]
b) [...]
c) The situations of subcontracting, under the terms of the sub- and ) of paragraph 1 of the
article 85;
d) [...];
e) [...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
Article 90.
[...]
1-[...].
2-There is place the new survey if the modified elements in function of the application
of modification of the permit shall include the facilities, as well as the
equipment and the utensils referred to in ( f ) of Article 85 (3).
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Article 91.
[...]
1-[...].
2-[...].
3-[...]:
a) In the 10 working days after notification of the competent body, in cases
provided for in points a ) a d ) of paragraph 1;
b) In the 10 working days after the change decision has been delivered, when
the same does not imply survey;
c) In the 10 working days after notification of the date of the conduct of the audit
referred to in paragraph and ) of paragraph 1.
4-[...].
5-The non-payment of the fees referred to in the preceding paragraphs gives way to the
extinction of the ongoing authorisation procedure or, in case the decision of
authorization or change of authorization has been handed down, determines the
its ineffectiveness.
Article 93.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
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5-A authorization for the exercise of safety and health activities in the
modality of external services and their alteration that implies survey
shall be decided within 90 days or, in the case of change of
authorization that does not imply survey, within 60 days, in both
situations to be counted from the date of entry of the respective order.
6-Should the decision not be delivered on the time limits referred to in the preceding paragraph,
is deemed to be the authorization or the respectful alteration tacitly dewound,
being however ineffective until the payment of the fees due for the acts which
have been practiced.
Article 94.
[...]
1-The external service shall communicate to the competent body that it has issued the
respects authorization, within 30 days after the occurrence, the interruption
or the cessation of its functioning, as well as object changes
social.
2-[...].
3-[...].
Article 95.
[...]
1-[...].
2-[...].
3-[...].
4-In the framework of audits, the quality of services can be assessed through
of control visits to the places of work of the companies to whom they are
provided the services.
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5-External services that exercise activity on national territory in the
terms of Article 84 (8) can be assessed by auditing, in the
terms of paragraph 4, at the initiative of the bodies referred to in paragraph 2, to
verification of compliance with the applicable exercise requirements.
Article 100.
[...]
1-Technical safety activities at work are exerted by technicians
superior or safety technicians at work, certified by the
competent body for the promotion of safety and health in the
work of the relevant ministry for the labour area, in the terms of
special legislation.
2-[...].
3-[...].
Article 108.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
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6-A realization of the entrance examination provided for in the paragraph a ) of paragraph 3 may be
dispensed in cases where there is transfer of the titration of the relationship
labour, as long as the worker stays in the same job
and there are no substantial changes in the material components of work
that may have harmful repercussions on the health of the worker.
7-Constitute counterordinance grave the violation of the provisions of the n. ºs 1 and 3, well
how the use of unauthorized medical service under the article
103., attributable to the employer.
Article 111.
[...]
1-Without prejudice to other notifications provided for in the Act, the employer shall
communicate to the service with responsible ministry's inspection competency
by the labour area the fatal accidents as well as those evidencing
serious physical injury, in the 24 hours following the occurrence.
2-[...].
3-[...].
Article 114.
[...]
The competent bodies pursuant to this Law shall keep updated
a list with an indication of the authorizations issued, expressed or tacitly,
with express indication of those found to be revoked, or suspended,
Advertised in the respective electro-pages.
Article 115.
Regime of counterordinations
1-The general scheme of the labour counterordinations provided for in Articles 548 to
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566. of the Labour Code applies to infractions for violation of the present
law.
2-The processing of labour counterorders follows the procedural regime
applicable to labour and social security counterorders, approved by the
Law No. 107/2009, of September 14. "
Article 3.
Addition to Law No. 102/2009 of September 10
They are deferred to Law No. 102/2009 of September 10, as amended by Law No. 42/2012, 28 of
August, the articles 73-A, 73.-B, 74.-A, 96.-A, and 119.-A, with the following essay:
" Article 73.
Goals
The activity of the safety and health service at work aims to:
a) Ensuring the working conditions that safeguard security and
physical and mental health of workers;
b) Develop the technical conditions that ensure the application of the
prevention measures set out in Article 15;
c) To inform and train employees in the field of safety and health
in the work;
d) Inform and consult the employees ' representatives for the
safety and health at work or, failing that, the very
workers.
Article 73-B
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Core activities of the safety and health service at work
1-The safety and health service at work must take the measures
necessary to prevent occupational risks and promote safety and
health of workers, namely:
a) Planning for prevention, integrating at all levels and, for the whole
of the company's activities, the risk assessment and the respects
prevention measures;
b) Carry out the risk assessment by drawing up the reports;
c) Elaborate the professional risk prevention plan, as well as
detailed prevention and protection plans required by legislation
specific;
d) Participate in the drafting of the internal emergency plan, including the
specific fire-fighting plans, evacuation of facilities
and first aid;
e) Collaborate in the conception of places, methods and organization of the work,
as well as in the choice and maintenance of equipment of
work;
f) Overseeing the supply, validity and conservation of the
personal protective equipment, as well as the installation and the
maintenance of safety signaling;
g) Carry out health surveillance examinations by elaborating the reports and the
tokens, as well as organizing and keeping up-to-date clinical records
and other informative elements relating to the worker;
h) Develop health promotion activities;
i) To coordinate the measures to be adopted in the event of serious and imminent danger;
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j) Surveying the working conditions of workers in situations more
vulnerable;
l) Designing and developing the information programme for the promotion
of safety and health at work, promoting the integration of the
prevention measures in information and communication systems
of the company;
m) Designing and developing the training programme for the promotion of the
safety and health at work;
n) Support the activities of information and consultation of the representatives of the
workers for safety and health at work or, failing that,
of the workers themselves;
o) To ensure or monitor the implementation of the prevention measures,
promoting their efficiency and operationality;
p) Arrange the necessary elements for mandatory notifications;
q) Draw up the mandatory stakes in the event of an accident
or occupational disease;
r) Coordinate or monitor internal audits and inspections;
s) Analyse the causes of accidents at work or the occurrence of
occupational diseases, elaborating the respective reports;
t) To collect and organize statistical elements concerning safety and
health at work.
2-The safety and health service at work must keep updated,
for the purpose of consultation, the following elements:
a) Results of professional risk assessments;
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b) List of accidents at work that have occasioned absence by
disability for the work, as well as accidents or incidents that
take particular severity in the perspetive of safety at work;
c) Reports on accidents at work that originate absence by
disability for the work or revealing hints of particular
gravity from the perspective of safety at work;
d) List of the situations of low by disease and the number of days of
absence to work, to be remitted by the service of personnel and, in the case
of occupational diseases, the relationship of the participations diseases;
e) List of measures, proposals or recommendations formulated by the
safety and health service at work.
3-When the activities referred to in the previous figures imply adoption
of measures whose concretization is essentially dependent on others
responsible of the company, the safety and health service at work
should inform them about the same and cooperate in their execution.
4-The employer must comply with the disciplinary legislation of the protection of
personal data.
5-The employer must keep the documentation relating to the realization of the
activities to which the previous figures at the disposal of the
entities with inspection competency for five years.
6-Constitute against -ordinance grave the violation of the provisions of this article.
7-A counterordinational liability for the violation of the provisions of the
n. ºs 1 a to 3 recai on:
a) The external service of safety and health that violates the duties in question,
without prejudice to the provisions of Article 15 (14);
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b) The employer in company where the common security service and
health has breached the duties in question;
c) The employer, whenever the violation has been practiced by service
internal of the company.
Article 74-The
Qualification of internal and common service
1-A The organisation of internal services and common services must meet
to the requirements set out in points b ) a and ) of Article 85 (1), as well as,
as to human resources, to the provisions of Articles 101 and 105.
2-Constitui v-ordinance grave the violation of the provisions of the number
previous.
Article 96-The
One-stop shop and computer records
1-All communications and the necessary notifications to the authorization and the
amendment of the authorisation of the external service and the internal service dispensation,
as well as the sending of documents, of applications or of information
relating to these procedures, are carried out by means of an electronica, through the
single electronic countertop of services.
2-The records that external services are required to maintain under the
present law shall be available in informatics support.
3-When, on the grounds of unavailability of the electrolytic platforms, no
it is possible to comply with the provisions of paragraph 1, the transmission of the
information in question may be effected by other means provided for in the law,
particularly by fax, electro mail message coming from
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of address previously communicated by another means to the authority
competent or registered mail with notice of prescription.
Article 119-The
National validity
Authorisations and changes of authorisations for the external service of
safety and health at work have national validity, regardless of
have been decided by competent authority seated in the Territory
Continental or in the Autonomous Regions, in accordance with Article 17 (1) of the
Decree-Law No. 92/2010, of July 26. "
Article 4.
Systematic changes
1-Chapter V of Law No 102/2009 of September 10, as amended by Law No. 42/2012, of
August 28, it cees to be divided into sections by passing on its previous sections II,
III and IV to chapters VI, VII and VIII, respectively, and the subsections of the above
sections III and IV to sections, without amendment of the corresponding assignments.
2-Chapters VI and VII are renumbered as chapters IX and X, without amendment of the
corresponding assignments.
Article 5.
Amendment of Law No 116/97 of May 12
Article 1 of the Decree-Law No. 116/97 of May 12, as amended by Law No. 113/99, of 3
of August, goes on to have the following essay:
" Article 1.
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[...]
1-[...].
2-The present diploma applies:
a) Without prejudice to the provisions of Article 3 (2) of Law No 102/2009,
of September 10, as amended by Law No. 42/2012 of August 28, and
by Law No. [Reg. PL 178/2013], and with due adaptations, to the
fishing vessels with length less than 15 metres;
b) To new fishing vessels with length equal to or greater than 15
metres;
c) To existing fishing vessels with length equal to or greater than
18 meters. "
Article 6.
Abrogation standard
The subparagraph shall be repealed. a ) of Article 8 (2), Art. 47 (1), Article 74 (7),
the Article 80 (6), Article 81 (5), Article 83 (3), Article 86 (5), the
articles 97, 98, 99, and 113 of Law No 102/2009 of September 10, amended by the Law
n. 42/2012, of August 28.
Article 7.
Republication
1-Is republished, in annex to this Law, of which it is an integral part, Law No. 102/2009,
of September 10, with the current essay.
2-For republication effects where it reads: "joint portaria" should read: "portaria".
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Article 8.
Entry into force
This Law shall come into force 30 days after its publication.
Seen and approved in Council of Ministers of June 6, 2013
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
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ANNEX
(referred to in Article 7)
Legal regime for the promotion of safety and health at work
CHAPTER I
General provisions
SECTION I
Object, scope and concepts
Article 1.
Object
This Law establishes the legal regime applicable to the:
a) Promotion of safety and health at work, including prevention, according
with the one provided for in Article 284 of the Labour Code;
b) Protection of pregnant worker, puerpera or lactating in case of activities
likely to present specific risk of exposure to agents, processes or
working conditions, in accordance with that provided for in Article 62 (6) of the
Code of Labour;
c) Protection of minor in the event of works which, by their nature or by the conditions
in which they are provided, are detrimental to their physical development, psychic and
moral, in accordance with that provided for in Article 72 (6) of the Labour Code.
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Article 2.
Transposition of community directives
1-A This Law transposes to the internal legal order the Directive No 89 /391/CEE, of the
Council of June 12, 1989 on the implementation of measures aimed at
promote the improvement of the safety and health of workers at work, amended
by Regulation (EC) No 1882/2003, of the European Parliament and of the Council, of 29
of September 2003, by Directive No 2007 /30/CE, of the European Parliament and of the
Council, of June 20, 2007, and by Regulation (EC) No 1137/2008 of the
European Parliament and of the Council of October 22, 2008.
2-A This Law further complements the transposition of the following European directives:
a) Directive No 91 /383/CEE of the Council of June 25, 1991, which completes the
implementation of measures aimed at promoting the improvement of safety and health
of workers who have a working relationship to term or a relationship of
temporary work, as amended by Directive No 2007 /30/CE, of Parliament
European and of the Council of June 20, 2007;
b) Directive No 92 /85/CEE of the Council of October 19, 1992 on the
implementation of measures aimed at promoting the improvement of safety and
health of pregnant workers, puerpeas or lactating in the work, amended by the
Directive No 2007 /30/CE, of the European Parliament and of the Council of June 20
of 2007;
c) Directive No. 94 /33/CE of the Council of June 22, 1994 on protection
of young people at work, as amended by Directive No 2007 /30/CE, of Parliament
European and of the Council of June 20, 2007;
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d) With respect to the protection of genetic heritage, the directives containing
minimum safety and health requirements at work against agents
chemical, physical and biological, specifically:
i) The Directive No 2004 /37/CE, of the European Parliament and of the Council, of
April 29, 2004, concerning the protection of workers from risks
linked to the exposure of carcinogens or mutagenic agents during the
work;
ii) The Directive No 2000 /54/CE, of the European Parliament and of the Council, of 18
of September 2000, concerning the protection of workers against risks
linked to exposure to biological agents during work;
iii) The Council's Directive No 98 /24/CE of April 7, 1998 on the
protection of safety and health of workers against connected risks
to the exposure to chemical agents at work, as amended by the Directive
n. 2007 /30/CE, of the European Parliament and of the Council, of June 20 of
2007.
Article 3.
Scope
1-Except to the extent that special schemes have been available amusingly, the present law
applies:
a) To all branches of activity, in the private or co-operative and social sectors;
b) To the worker on account of an outrain and respect employer, including the people
not-for-profit private law collectives;
c) To the independent worker.
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2-In cases of family farms, of the activity developed by craftsmen in
own installations or the exercise of the fishing activity in which the shipowner does not
explore more than two vessels with length of less than 15 metres, apply
the regime established for the independent worker.
3-The principles set out in this Law shall apply, where they show
compatible with its specificity, domestic service and situations in which
occur to provide work by one person to another, without legal subordination, when
the provider of work should be considered in the economic dependence of the beneficiary
of the activity.
Article 4.
Concepts
For the purposes of this Law, it is understood by:
a) "Worker" means the natural person who, upon retribution, obliges himself to provide
service to an employer and, well thus, the thyrocinante, the trainee and the apprentice, and
those in the economic dependence of the employer on the reason of the means of
work and the outcome of their activity, although they do not hold a relation
legal employment;
b) "Independent Worker" the natural person who exercises an activity per account
own;
c) "Employer" the natural or collective person with one or more workers at his / her
service and responsible for the company or establishment or, when it comes to
not-for-profit bodies, which detains competence for the hiring of
workers;
d) "Representative of workers" the worker elected to perform duties of
representation of workers in the fields of occupational safety and health;
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e) "Place of work" the place in which the worker is located or from where or to
where should you address by virtue of your work, in which you are directly or
indirectly subject to the control of the employer;
f) "Material components of the work" the place of work, the working environment,
the tools, machines, equipment and materials, the substances and agents
chemical, physical and biological and the processes of work;
g) "Danger" the intrinsic property of an installation, activity, equipment, a
agent or other material component of the work with potential to cause
damage;
h) "Risk" the probability of the delivery of the damage in function of the conditions of
use, exposure or interaction of the material component of the work that
present danger;
i) "Prevention" the set of public policies and programmes, as well as provisions
or measures taken or provided for in the licensing and at all stages of
activity of the company, the establishment or the service, which aim to eliminate or
lower the occupational risks to which they are potentially exposed to the
workers;
j) "Auditing" the activity or the set of activities developed by the organisms
competent for the promotion of safety and health in the work of the ministries
responsible for the labour and health areas, with the aim of checking the
fulfillment of the assumptions that gave rise to the authorization for the provision
of the occupational safety and health services, as well as the quality of the service
provided.
SECTION II
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General principles and system for prevention of occupational hazards
Article 5.
General principles
1-The worker is entitled to the provision of work in conditions respecting his / her
safety and your health, assured by the employer or, in the situations identified in the
law, by the person, individual or collective, who detains the management of the premises in which the
activity is developed.
2-It must be ensured that economic development promotes the humanization of the
work in conditions of safety and health.
3-A The prevention of occupational risks must be based on a correct and permanent assessment
of risks and to be developed second principles, policies, standards and programs that
aim at, inter alia:
a) The conception and implementation of the national strategy for safety and health in the
work;
b) The definition of the technical conditions to which they must obey the conceit, the
manufacturing, the import, the sale, the yielding, the installation, the organization, the
use and processing of the material components of the work as a function of the
nature and the degree of the risks, as well as the obligations of the people by such
responsible;
c) The determination of substances, agents or processes that should be prohibited,
limited or subject to authorization or the control of the competent authority, well
how the definition of exposure limit values of the worker to agents
chemical, physical and biological and of the technical standards for sampling, measurement and
evaluation of results;
d) The promotion and surveillance of the health of the worker;
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e) The increment of technical and scientific research applied in the field of
safety and health at work, in particular with regard to the emergence of
new risk factors;
f) Education, training and information for the promotion of improvement of safety
and health at work;
g) Raising awareness of society, in a way to create a true culture of
prevention;
h) The efficiency of the public inspection system for compliance with the relative legislation
to safety and health at work.
4-The development of policies and programmes and the implementation of measures to which the
previous paragraph shall be supported by a coordination of the means available, by the
evaluation of the results as to the decrease in occupational risks and damage to the
worker's health and the mobilization of the agents of which it is dependent on its implementation,
particularly the employer, the worker and their representatives.
Article 6.
National system for prevention of occupational hazards
1-The national occupational risk prevention system aims at effecting the right to
safety and health at work, by way of safeguarding the coherence of the measures and the
effectiveness of intervention of public, private or cooperative entities that exercise,
in that scope, competences in the areas of regulation, licensing, certification,
standardization, research, training, information, consultation and participation, services
health prevention and surveillance technicians and inspection.
2-The State should promote the development of a national network for the prevention of
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professional risks in the areas of acting referred to in the preceding paragraph, consisting of
own services.
3-The State may, still, support and enter into agreements with private entities or
cooperatives with technical capacity for the realization of actions in the field of
safety and health at work.
4-In the fields of safety and health at work, cooperation should be developed
between the State and the representative organisations of employees and employers and, to the
level of the company, establishment or service, between the employer and the representatives
of the workers and these.
Article 7.
Definition of policies, coordination and evaluation of results
1-Without prejudice to an integrated and coherent vision, the ministries responsible for the areas
labour and health propose the definition of the policy of promotion and surveillance of
safety and health at work.
2-The proposals referred to in the preceding paragraph shall seek to develop the
complementarities and interdependencies between the domains of safety and health in the
work and the social security system, the National Health Service, the protection of the
environment and the Portuguese Quality of Quality System (SPQ).
3-Public services with competence for licensing, certification or other
authorization for the exercise of an activity or the affectation of a good to such an exercise
shall exercise their competence in such a way as to promote safety and health in the
work.
4-A The coordination of the implementation of policy measures and evaluation of results,
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particularly pertaining to the inspection activity, it is up to the competent bodies of the
ministry responsible for the labour area.
5-The policy measures adopted and the evaluation of the results of these and the Inspective Action
developed in safety and health at work, as well as information
statistic about accidents at work and occupational diseases, must be the object of
annual publication and appropriate dissemination.
6-For the purposes of the preceding paragraph, the statistical information shall allow for the characterization
of accidents and occupational diseases in such a way as to contribute to the studies
epidemiological, enable the adoption of appropriate methodologies and criteria to
award of national and sectoral prevention programmes and measures and the
periodic control of the obtained results.
Article 8.
Consultation and participation
1-In the promotion and evaluation, at the national level, of policy measures in the field of
safety and health at work must be ensured consultation and participation of the
more representative organisations of employers and employees.
2-For the purposes of the provisions of the preceding paragraph, the employers ' organisations and
workers with a seat on the Standing Committee on Social Concertation (CPCS)
must integrate:
a) [ Repealed ];
b) The Advisory Council for the Promotion of Safety and Health at Work of the
Authority for the Conditions of Work.
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Article 9.
Education, training and information for safety and health at work
1-The State should continue the integration of content on safety and health in the
work in the school curricula of the various levels of education, with a view to a culture
of prevention in the general framework of the education system and the prevention of risks
professionals as preparation for active living.
2-The State promotes the integration of content on safety and health at work
in the actions of education and vocational training in order to enable the acquisition of
knowledge and habits of prevention of accidents at work and occupational diseases.
3-The State promotes training and information actions aimed at employers and
workers, as well as public information and clarification actions in the subjects
of safety and health at work.
Article 10.
Research and specialized training
1-The State shall ensure conditions that promote knowledge and research in the
area of safety and health at work.
2-The fomenting, by the state, of research in the area of occupational safety and health
should be guided, in particular, by the following vectors:
a) Support for the creation of research structures and the post-graduate training of
specialists and researchers;
b) Collaboration between the various national structures concerned;
c) Dissemination of scientific and technical information that contributes to the advancement of the
knowledge and progress of research;
d) Encouragement of national participation in international programmes;
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e) Encouragement of the study of good practices in organisation systems and
operation of the prevention activities.
3-The fostering of research, experimental development and demonstration must
guide predominantly towards the improvement of the prevention of occupational risks and
of the protection of the health of the worker.
Article 11.
Normalization
1-The technical standards and specifications in the area of safety and health at work
relating, inter alia, to methodologies and procedures, to sampling criteria,
the certification of products and equipment are approved within the framework of the SPQ.
2-The practical guidelines developed by the International Labour Organization and
World Health Organization, as well as the technical standards and specifications
nationals referred to in the preceding paragraph, constitute indispensable references to be
taken into account in the procedures and measures adopted in compliance with the legislation
on safety and health at work, as well as in the production of goods and equipment
of work.
Article 12.
Licensing and laboration authorization
The legislation on licensing and laboring authorisation contains the specifications
appropriate to the prevention of occupational hazards and the protection of health.
Article 13.
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Safety of machinery and work equipment
1-Within the scope of the prevention and safety of equipment shall all the natural person
or collective that fabrie machines, appliances, tools, facilities and others
equipment for professional use to carry out the investigations and operations
necessary for that, in the concept phase and during manufacturing, to be, to the extent of
possible, eliminated or reduced to the minimum any risks that such products may
present for health or for the safety of people and guarantee, by certification
appropriate, prior to the launch on the market, compliance with the requirements of
applicable security and health.
2-All natural or collective person who imports, sells, rents, ceases to any title or
put on display machines, appliances, tools or facilities for use
professional must:
a) Proceed or have the necessary tests and controls to be carried out for
ensure that the construction and the state of such work equipment are of
form not to present risks to the safety and health of workers, since
that the use of such equipment is done correctly and to the end to which
are intended, save when the said equipment is properly
certificates;
b) Take the necessary measures for the machines, apparatus, tools
or to the facilities for professional use are attached instructions, in
portuguese, as to the assembly, use, conservation and repair of the
same, in which it is specified, in particular, how to proceed the
workers tasked with these tasks, so as to prevent risks to their
safety and its health and other people.
3-All natural or collective person who will undertake the assembly, the placement, the repair
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or the adaptation of machines, apparatus, tools or facilities for use
professional must ensure, as far as possible, that, as a result of those
operations, such equipment does not present any risk to the safety and health of the
people, as long as their use is effected correctly.
4-The machines, appliances, tools and facilities for professional use only
may be provided or put into service as long as they contain the marking of
safety, the name and address of the manufacturer or importer, as well as other
information that allows to clearly identify the same and prevent the risks in your
use.
5-In the cases of fairs, demonstrations and exhibitions, when the machines, apparatus,
tools and facilities for professional use if they find themselves without the normal
safety protections, must be indicated, in a very conspicuous manner, the precautions of
safety, as well as the impossibility of acquiring these equipment as if
find presented.
6-The competent authorities shall, periodically, disclose the specifications to
respect in the area of safety at work, so as to ensure a prevention of
conceiving and facilitating the respective administrative procedures.
Article 14.
Surveillance and surveys
1-The body with inspection competence of the ministry responsible for the labour area
monitors compliance with the legislation on safety and health at work and applies
the sanctions corresponding to their default, without prejudice to competences
specific to other entities.
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2-Compete still to the body referred to in the preceding paragraph to be carried out
in the event of an accident of deadly work or that evidenced a situation particularly
grave.
3-In cases of occupational disease or other damage to health occurred during the
work or with it related, the competent body of the ministry responsible
by the area of health, through the health authorities, and the competent body of the
ministry responsible for the area of social security can, equally, promote the
realization of the survey.
4-Workers ' representatives may submit their comments to the
body with inspection competence of the ministry responsible for the labour area or the
another competent authority, on the occasion of a visit or supervision to the company or
establishment.
5-Workers ' representatives may, as yet, request the intervention of the body
with inspection competence of the ministry responsible for the labour area whenever
check that the measures adopted and the means provided by the employer are
insufficient to ensure safety and health at work.
CHAPTER II
General obligations of the employer and the employee
Article 15.
General obligations of the employer
1-The employer must assure the employee of safety and health conditions in
all the aspets of your work.
2-The employer shall ensure, in a continuing and permanent manner, by the exercise of the
activity under conditions of safety and health for the worker, taking into account the
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following general principles of prevention:
a) Avoiding the risks
b) To plan for prevention as a coherent system integrating technical developments, the
organization of work, working conditions, social relations and
influence of environmental factors;
c) Identification of the foreseeable risks in all the activities of the company,
establishment or service, in the conception or construction of facilities, of premises and
work processes, as well as in the selection of equipment, substances and
products, with a view to the elimination of the same or, when this is unviable, to
reduction of its effects;
d) Integration of risk assessment for the safety and health of the worker in the
set of the activities of the company, establishment or service, and shall adopt
the appropriate measures of protection;
e) Combating risks at the origin, in order to eliminate or reduce exposure and
increase the levels of protection;
f) To ensure, in workplaces, that exposures to chemical, physical and
biological and psychosocial risk factors do not constitute risk to the
safety and health of the worker;
g) Adaptation of the work to man, especially with regard to design
of the jobs, the choice of work equipment and the methods of
work and production, with a view to, inter alia, mitigating monotonous work and
repetitive work and reduce psychosocial risks;
h) Adaptation to the state of evolution of the technique, as well as to new forms of
organization of the work;
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i) Replacement of what is dangerous by what is danger-free or less dangerous;
j) Prioritization of collective protection measures in relation to the protective measures
individual;
l) Elaboration and dissemination of comprehensible and appropriate instructions to the activity
developed by the worker.
3-Without prejudice to the other obligations of the employer, the measures for prevention
implemented must be antecedents and correspond to the outcome of the assessments of the
risks associated with the various phases of the productive process, including the activities
preparative, maintenance and repair, so as to obtain as a result levels
effective protection of the safety and health of the worker.
4-Whenever entrusted tasks to a worker, they must be considered as their
knowledge and their skills in safety and health at work,
by having the employer provide the necessary information and training to the
development of the activity in safety and health conditions.
5-Where it is necessary to access high risk areas, the employer must
allow access only to the worker with appropriate fitness and training, by the time
minimum required.
6-The employer must adopt measures and give instructions that allow the worker, in
case of serious and imminent danger that cannot be technically avoided, cease its
activity or move away immediately from the workplace, without it being able to resume the
activity while persisting this danger, save in excecional cases and since
ensured adequate protection.
7-The employer must take into account, in the organisation of the means of prevention, not only the
worker as also third parties susceptible to being covered by the risks of the
realization of the works, either on the premises or abroad.
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8-The employer shall ensure the health surveillance of the employee in the light of the risks
to which it is potentially exposed in the workplace.
9-The employer must establish in the matter of first aid, combat a
fires and evacuation the measures that must be adopted and the identification of the
workers responsible for their application, as well as ensuring contacts
necessary with the competent external entities to carry out those operations and the
of medical emergency.
10-In the implementation of the prevention measures, the employer must arrange the services
suitable, internal or external to the company, establishment or service, mobilizing the
necessary means, particularly in the areas of the technical activities for prevention,
of training and information, as well as the protective equipment that becomes
required to use.
11-The legal or conventional safety and health requirements at work
established to be applied in the company, establishment or service must be
observed by the employer itself.
12-The employer bears the totality of the charges with the organization and the functioning
of the safety and health service at work and too many systems for prevention,
including health surveillance examinations, assessments of exhibitions, tests and all actions
necessary in the context of the promotion of safety and health at work, without imposing on the
workers any financial burdens.
13-For the purposes of the provisions of this Article, and safeguarding the appropriate adaptations, the
independent worker is equated with the employer.
14-Constitute very serious counterordinance the violation of the provisions of the n. ºs 1 a to 12.
15-Without prejudice to the provisions of the preceding paragraph, the employer whose conduct has
contributed to originate a situation of danger incurs civil liability.
Article 16.
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Concurrent or successive activities in the same workplace
1-When various companies, establishments or services develop, simultaneously,
activities with your workers in the same workplace, owe their respects
employers, taking into account the nature of the activities that each develops,
cooperate in the sense of the protection of safety and health.
2-Notwithstanding the responsibility of each employer, they must ensure safety and
health, as to all the employees referred to in the previous number, the following
entities:
a) The user company, in the case of working regime workers
temporary;
b) The transferee company, in the case of workers in the occasional ceding scheme;
c) The company in whose premises other workers provide service under the
service contracts;
d) In the remaining cases, the adjudicating company of the work or the service, for what
must ensure the coordination of the remaining employers through the organization
of the activities of safety and health at work.
3-A the user or adjudicator of the work or the service shall ensure that the
successive exercise of activities by third parties in your premises or with the
equipment used do not constitute a risk to the safety and health of their
workers or temporary workers, ceded occasionally or from
workers at the service of service providers.
4-Constitute very serious counterordinance the violation of the provisions of the n. ºs 2 and 3, without
injury to the liability of the employer.
Article 17.
Obligations of the employee
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1-Constitutions of the worker's obligations:
a) Comply with safety and health requirements at work established in the
legal provisions and in instruments of collective work regulation, well
as the instructions determined with this purpose by the employer;
b) To ensure your safety and health, as well as safety and health
of the other persons who may be affected by their actions or omissions in the
work, not least when exercising managerial or coordination functions, in relation
to services under their hierarchical and technical background;
c) Use correctly and in accordance with the instructions transmitted by the employer,
machines, appliances, instruments, hazardous substances and other equipment and
means put at their disposal, specifically the protective equipment
collective and individual, as well as comply with the work procedures
established;
d) Actively cooperate in the company, in the establishment or in the service for the
improvement of the safety and health system at work, taking notice
of the information provided by the employer and attending the consultations and the
examinations determined by the doctor of the work;
e) Communicate immediately to the hierarchical superior or, not being possible, to the
worker assigned for the performance of specific functions in the fields of
safety and health in the workplace the avairies and deficiencies per se
that if they distress you susceptible to originate serious and imminent danger, as well as
any defect verified in the protection systems;
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f) In the event of a serious and imminent danger, adopt the measures and instructions beforehand
established for such a situation, without prejudice to the duty to contact, as soon as
possible, with the superior hierarchical or with the workers who perform
specific functions in the areas of workplace safety and health.
2-The worker may not be harmed by virtue of having moved away from his post of
work or from a hazardous area in case of serious and imminent danger nor by having
adopted measures for their own safety or for the safety of outrain.
3-The obligations of the employee in the field of safety and health in the places of work
do not exclude the general obligations of the employer, as defined in the
article 15 para.
4-Constitute very serious counterordinance the violation of the provisions of paragraph (b) of paragraph 1.
5-Without prejudice to the provisions of the preceding paragraph, the worker who violently violates the
duties referred to in paragraph 1 or the employee whose conduct has contributed to originate
a situation of danger incurs disciplinary and civil liability.
CHAPTER III
Consultation, information and training of employees
Article 18.
Consultation of workers
1-The employer, with a view to obtaining advice, shall consult in writing and, by the
less, once a year, previously or in good time, the representatives of the
workers for safety and health or, failing that, the workers themselves on:
a) The assessment of risks to safety and health at work, including the
relating to groups of workers subject to special risks;
b) The safety and health measures before they are put into practice or, as soon as
possible, in the event of the urgent application of them;
c) The measures that, by their impact on technologies and functions, have
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repercussion on safety and health at work;
d) The programme and organisation of training in the field of safety and health in the
work;
e) The assignment of the representative of the employer who accompanies the activity of the
modality of adopted service;
f) The designation and exoneration of the employees who perform duties
specific in the areas of safety and health in the workplace;
g) The designation of the workers responsible for the implementation of the measures provided for
in Article 15 (9);
h) The modality of services to be adopted, as well as the recourse to external services to the
company and qualified technicians to ensure the realization of all or part of the
safety and health activities at work, pursuant to Art. 74 (2);
i) The protective equipment that is necessary to use;
j) The risks to safety and health, as well as the protection measures and
prevention and the way in which they apply, whether in relation to the developed activity
either in relation to the company, establishment or service;
k) The annual list of fatal accidents at work and those occasioned
for work longer than three working days, drawn up by the deadline for
delivery of the single report pertaining to the information on the social activity of the
company;
l) The reports of the accidents at work referred to in the preceding paragraph.
2-For the purposes of the provisions of the preceding paragraph, access to the information shall be provided
object-of-record and collective medical data, not individualized, thus
how to the technical information from inspection services and other bodies
competent in the field of safety and health at work.
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3-The opinion provided for in paragraph 1 shall be issued within 15 days of the date of the
application for consultation, and the employer may set the upper deadline meeting the extension
or complexity of the subjects.
4-A non-acceptance of the opinion provided for in paragraph 1 as to the subjects referred to in points e) ,
f), g) and h) of the same number shall be substantiated in writing.
5-Elapsed the time limit referred to in paragraph 3 without the opinion having been delivered to the
employer, the requirement for consultation is deemed to be met.
6-The consultations, respect for answers and proposals provided for in paragraphs 1 and 4 shall appear in
record in self-organized book by the company, particularly in support
informatics.
7-Without prejudice to the provisions of the preceding paragraphs, the employee and his /
representatives for safety and health can, at all times, submit proposals
so as to minimise any professional risk.
8-Constitute very serious counterordinance to the violation of the provisions of paragraph 1.
9-Constitute counterordinance leads to violation of the provisions of paragraphs 2, 4 and 6.
Article 19.
Information for employees
1-The worker, as well as their representatives for safety and health in the
company, establishment or service, must dispose of up-to-date information on:
a) The subjects referred to in paragraph j) of paragraph 1 of the preceding Article;
b) The measures and instructions to be adopted in the event of serious and imminent danger;
c) The first aid, firefighting and evacuation measures of the
workers in the event of a claim, as well as workers or services
incarceries of putting them into practice.
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2-Without prejudice to the appropriate training, the information referred to in the preceding paragraph
it should always be made available to the employee in the following cases:
a) Admission to the company;
b) Change of job or function;
c) Introduction of new work equipment or alteration of existing ones;
d) Adoption of a new technology;
e) Activities that involve workers from diverse companies.
3-The employer shall inform employees with specific functions in the field of
safety and health at work on the subjects referred to in points a ), b ), i ) and k ) from the
n. 1 and in paragraph 2 of the preceding Article.
4-The employer must inform the services and qualified technicians external to the company
who exercise safety and health activities at work on the factors that
presumptive or recognizably affect the safety and health of workers and the
subjects referred to in points a ) and (g) of Art. 18 (1)
5-A The company in whose premises is provided a service shall inform the respects
employers and workers on the subjects identified in the preceding paragraph.
6-The employer must, still, communicate the admission of workers with contracts of
determined duration, in commission of service or occasional ceding, at the service of
safety and health in the work mentioned in paragraph 4 and to employees with duties
specific in the field of safety and health at work.
7-Constitute very serious counterordinance the violation of the provisions of paragraphs 1 and 2.
8-Constitute counterordinate light the violation of the provisions of the n. ºs 3, 4, 5 and 6.
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Article 20.
Training of workers
1-The worker must receive appropriate training in the field of safety and health
at work, taking into attention the job posting and the exercise of risky activities
high.
2-To the workers assigned to take care of all or some of the activities of
safety and health at work must be ensured, by the employer, the training
permanent for the exercise of the respective duties.
3-Without prejudice to the provisions of paragraph 1, the employer shall form, in sufficient number,
taking into account the size of the company and the existing risks, the employees
responsible for the implementation of the first aid measures, firefighting
and evacuation of workers, as well as providing them with appropriate material.
4-A The training of the company's employees on safety and health at work must be
ensured so that it cannot result in injury to the same.
5-For the purpose of the provisions of the previous figures, the employer and the respects
representative associations can request the support of public bodies
competent when they are lacking the means and conditions necessary for the realization of the
formation.
6-Constitute counterordinance grave the violation of the provisions of the n. ºs 1 a to 4.
CHAPTER IV
Representatives of workers for safety and health at work
SECTION I
Representatives of workers
Article 21.
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Representatives of workers for safety and health at work
1-Representatives of workers for safety and health at work are elected
by the workers by direct and secret vote, according to the principle of representation
proportional by the Hondt method.
2-They can only run lists submitted by the trade union organizations that have
workers represented in the company or lists that present themselves subscribed, in the
minimum, per 20% of the employees of the company, and no worker may
subscribe or be part of more than one list.
3-Each list must indicate a number of effective candidates equal to that of the eligible seats and
equal number of alternating candidates.
4-Unless otherwise provided for in the instrument of collective regulation
applicable, employees ' representatives may not exceed:
a) Companies with less than 61 employees-a representative;
b) Companies from 61 a to 150 workers-two representatives;
c) Companies from 151 a to 300 workers-three representatives;
d) Companies from 301 a to 500 workers-four representatives;
e) Companies from 501 a to 1000 workers-five representatives;
f) Companies from 1001 a to 1500 workers-six representatives;
g) Companies with more than 1500 workers-seven representatives.
5-The mandate of the employees ' representatives is three years.
6-A The replacement of representatives is only admitted in the case of resignation or impediment
definitive, fit the same to the effective candidates and alternates by the order indicated in the
respects list.
7-The representatives of the employees possess, for the exercise of their duties, of a
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credit of five hours per month.
Article 22.
Training of employee representatives
1-Workers ' representatives for safety and health at work must be
assured permanent training for the exercise of the respective functions, in the terms
of the following numbers.
2-The employer must provide conditions for the representatives of the
workers for safety and health at work receive training by granting, if
required, license with retribution, or without retribution if another entity assigns
specific allowance.
3-The employer or the respective representative associations, as well as the structures of
collective representation of workers, can request support from public services
competent when they are lacking the means and conditions necessary for the realization of the
formation.
4-Constitutes serious counterordinance the violation of the provisions of paragraphs 1 and 2.
Article 23.
Safety commissions at work
1-For the purposes of this Law, by collective convention, commissions may be set up
safety and health in the work of parity composition.
2-A committee on safety and health at work created under the previous number
it consists of the representatives of the workers for safety and health in the
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work, with respect for the principle of proportionality.
Article 24.
Support for employee representatives
1-The management bodies of the companies shall put at the disposal of the representatives of the
workers for safety and health at work the appropriate facilities, well
as the material and technical means necessary for the performance of their duties.
2-Workers ' representatives for safety and health at work have
equally right to distribute information regarding safety and health at work,
as well as to their affixing at suitable location that is intended for this purpose.
Article 25.
Meetings with the management bodies of the company
1-Representatives of workers for safety and health at work have the
right to meet with the company's management body, at least once a month, to
discussion and analysis of the subjects related to safety and health at work.
2-From the meeting referred to in the preceding paragraph is washed minutes, which shall be signed by all
the gifts.
3-The credit for hours provided for in Article 21 (7) is not affected for the purpose of
realization of the meeting referred to in paragraph 1.
4-Constitutes serious counterordinance the violation of the provisions of paragraphs 1 and 2.
SECTION II
Election of the representatives of workers for safety and health in the
work
Article 26.
Electoral capacity
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No employee of the company can be harmed in their rights to elect and be
elected, particularly on grounds of age or function.
Article 27.
Promotion of the election
1-Workers or the union that has workers represented in the company
promote the election of the representatives of the workers for safety and health in the
work.
2-In the event that the electoral act is promoted by the workers, the convener shall be
subscribed, at a minimum, by 100 or 20% of the company's employees.
3-Workers or the union that promote the election communicate to the bodies
relevant ministry of the ministry responsible for the labour area and the employer, with the
minimum 90-day advance, the date of the election act.
Article 28.
Advertising
1-After the receiving of the communication provided for in the previous article:
a) The competent body of the ministry responsible for the labour area proceeds from
immediate to the publication of communication in the Bulletin of Labour and Employment
(BTE);
b) The employer must affix it immediately at appropriate place in the company and the
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establishment, and should put together a reference to mandatory publication
in the BTE.
2-Constitute counterordinance grave the violation of the provisions of the paragraph b) of the previous number.
Article 29.
Electoral commission
1-A electoral commission shall consist of:
a) A president-worker with more seniority in the company and, in the event of
equality, what is more age and, maintaining equality, what has more
habilitations;
b) A secretary-worker with less seniority in the company, provided that
greater than two years and, in case of equality, what is of more age and, maintaining-
if equality, what has more emitations;
c) Two workers chosen in accordance with the criteria set out in the points
previous, save by treating yourself from microenterprise or small business;
d) A representative of each list.
2-In the event of a refusal to participate in the electoral commission, a new choice is held,
in accordance with the criteria set out in the preceding paragraphs.
3-The President, the Secretary and the workers chosen in accordance with the provisions of the
point ( c ) of paragraph 1 are vested in the functions, after declaration of acceptance, within the period of
five days from the publication of the convening of the electoral act in the BTE.
4-The representatives of the lists integrate the electoral commission, after declaration of acceptance,
on the day subsequent to the decision to admit the lists.
5-A The composition of the electoral commission shall be communicated to the employer within the period of
forty-eight hours from the declaration of acceptance of the members referred to in the
n. 1.
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Article 30.
Competence and operation of the electoral commission
1-Compete to the chairman of the election commission affix the start and term dates of the period
for presentation of lists, in appropriate place in the company and in the establishment, the
which cannot be less than 5 or greater than 15 days, as well as driving the activity of the
commission.
2-Compete to the electoral commission directing the procedure of the election, namely:
a) Receive the lists of applications;
b) To check the regularity of the lists, in particular with respect to the bidders,
number of applicants and their quality of employees of the company;
c) Affix the lists in the company and the establishment;
d) Set the period during which the candidate lists can affix communiqués in the
appropriate places in the company and the establishment;
e) Fix the number and location of the voting sections;
f) Carry out the overall clearance of the electoral act;
g) Proclaim the results;
h) Communicating the results of the election to the competent body of the ministry
responsible for the labour area;
i) Resolve doubts and omissions of the procedure of the election.
3-A The electoral commission deliberates by a majority, having the president vote of quality.
Article 31.
Electoral notebook
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1-The employer must deliver to the electoral commission, within forty eight hours
after the prescribing of the communication identifying the president and the secretary, the notebook
election, proceeding the one to the immediate affixing in the company and the establishment.
2-The electoral notebook shall contain the name of the employees of the company and, being the case
of this, identified by establishment, at the date of the marking of the electoral act.
3-Constitutes very serious counterordinance to the violation of the provisions of this article.
Article 32.
Complaints
1-The company's employees may complain, within five days of the
fixation provided for in paragraph 1 of the preceding Article, for the electoral commission, of any errors
or constant omissions of the electoral notebook.
2-A electoral commission decides the complaints filed within the maximum of 10 days,
after which it affixes the corrections of the electoral notebook that have been verified.
Article 33.
Lists
1-The lists of applications must be delivered to the chairman of the election commission,
accompanied by declaration of acceptance of the workers ' respects.
2-A electoral commission decides on the admission of the lists presented in the five days
following the end of the submission period.
3-In the event of a rejection of admissibility of any list submitted, its
proponents can sane the existing vices within 48 hours.
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4-After the decision of the admission of each list, the chairman of the electoral commission has awarded it
a letter of the alphabet according to the order of presentation.
5-The lists should be immediately affixed, in appropriate places, in the company and in the
establishment.
Article 34.
Ballot and ballot bulletins
1-The ballot papers are drawn up by the electoral commission in the 15 days prior to the date
of the electoral act.
2-Vote bulletins must contain by alphabetical order of admission the lists
competitors.
3-The ballot box shall be provided by the electoral commission, and shall ensure the
security of the bulletins.
Article 35.
Sections of vote
1-In each establishment with a minimum of 10 employees must exist at least,
a voting section.
2-A each polling section cannot match more than 500 voters.
3-Each voting table is composed of a president, who directs the voting respects, and a
secretary, chosen by the chairman of the election commission pursuant to Art. 29, and
by a representative of each list, staying, for that purpose, waived from the respect
provision of work.
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4-Constitute very serious counterordinance to the violation of the provisions of paragraph 1 and
serious counterordinance the violation of the provisions in the final part of the preceding paragraph.
Article 36.
Electoral act
1-Vote ballot boxes are placed in the workplaces, so as to allow all the
workers can vote without prejudice to the normal functioning of the company or
establishment.
2-A voting is carried out on the spot and during the working hours.
3-A voting shall have the minimum duration of 3 hours and maximum of 5, competing for the commission
election set its operating schedule, five days before the date of the election act,
cannot the shutdown occur after 21 pm.
4-In the case of shift work or differential schedules in the company, the electoral act
of the night shift must precede that of the day shift.
5-Workers can vote during their working hours, for what each
has the time for so much indispensable.
6-In companies with geographically dispersed establishments, the electoral act must be
performed on everyone on the same day, at the same time and on the same terms.
7-When, due to the work by shifts or other reasons, it is not possible to respect the
provisions of the preceding paragraph shall be simultaneous to the opening of the ballot box for the
respect for clearance in all the establishments in the company.
8-Voters must be identified and registered in a document of their own, with a term of
opening and closing, signed and initialed in all leaves by the electoral table.
9-Constitute very serious counterordinance to the violation of the provisions of paragraph 1 and
serious counterordinance to the violation of the provisions of paragraph 5.
Article 37.
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Clearance of the electoral act
1-The clearance of the electoral act is to be carried out immediately after the shutdown
of the urns.
2-The finding of the result of voting in the voting section is carried out by the respect
desk, competing for your president to immediately communicate the results to the committee
electoral.
3-The overall clearance of the electoral act is done by the electoral commission.
Article 38.
Ata
1-A minutes shall contain the deliberations of the electoral commission and the polling stations, as well as
anything that happens in the election procedure, namely any incidents
occurred and the clearance of the result.
2-The members of the electoral commission and the polling stations approve, initialize and sign the
respects at the time.
3-The document provided for in Article 36 (8) shall be attached to the minutes of the respecting section
of voting.
Article 39.
Publicity of the result of the election
1-A electoral commission shall proceed to the affixing of the identification elements of the
elected representatives, as well as from the copy of the minutes of the respected election, for 15 days to
counting from the date of the clearance, at the site or places where the election took place and remit,
within the same time frame, to the competent body of the ministry responsible for the area
labour as well as the management bodies of the company.
2-The competent body of the ministry responsible for the labour area records the result
of the election and proceeds to its publication immediately in the BTE.
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3-Constitutes serious counterordinance to the employer's opposition to the affixing of the results of the
voting in the terms of paragraph 1.
Article 40.
Start of activities
Workers ' representatives for safety and health at work can only
initiate the exercise of the respective activities after the publication provided for in paragraph 2 of the article
previous.
CHAPTER V
Protection of genetic heritage
SECTION I
General provisions
Article 41.
Risks to genetic heritage
1-They are susceptible to involve risks to genetic heritage the chemical agents,
physical and biological or other factors that may cause hereditary genetic effects,
harmful effects not hereditary in the progeny or attest against the functions and
male or female reproductive capacities, specifically the following:
a) The hazardous substances which, pursuant to Regulation (EC) No 1272/2008,
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of the European Parliament and of the Council of December 16, 2008 on the
classification, labelling and packaging of substances and mixtures, are classified
in one or more of the following danger classes:
i) Carcinogenicity, categories 1A, 1B or 2;
ii) Reproductive toxicity, categories 1A, 1B, 2 or with effects on the
lactation or through it;
iii) Mutagenicity in germ cells, categories 1A or 1B;
b) Until May 31, 2015 the dangerous mixtures which, pursuant to the Decree-Law
n ° 82/2003 of April 23, as amended by Decree-Law No. 63/2008 of April 2,
are classified as harmful (Xn) and qualified by one or more of the
following risk warnings:
i) "R 40-possibility of carcinogenic effects";
ii) "R 45-can cause cancer";
iii) "R 46-may cause hereditary genetic alterations";
iv) "R 49-can cause cancer by inhalation";
v) "R 60-can compromise fertility";
vi) "R 61-risk during pregnancy with adverse effects on offspring";
vii) "R 62-possible risks of compromising fertility";
viii) " R 63-possible risks during pregnancy from adverse effects in the
descent ";
ix) "R 64-toxic effects on reproduction";
c) From June 1, 2015 the dangerous mixtures which, in the terms of the
Regulation (EC) No 1272/2008, of the European Parliament and of the Council, of 16
of December 2008, pertaining to the classification, labelling and packaging of
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substances and mixtures, are classified in one or more of the following classes of
danger:
i) Carcinogenicity, categories 1A, 1B or 2;
ii) Reproductive toxicity, categories 1A, 1B, 2 or with effects on the
lactation or through it;
d) Mutagenicity in germ cells, categories 1A or 1B;
e) Ionizing radiation and high temperatures;
f) The bacteria of the brucellus, of syphilis, tuberculosis bacillus and rubella viruses
(rubivirus), herpes simplex types 1 and 2, of the papeira, of the syndrome of
human immunodeficiency (sida) and the toxoplasma.
2-In activities in which workers may be exposed to susceptible agents of
involve risks to the genetic heritage, this law, in the part where it is more
favorable for the safety and health of workers, prevails over applicability
of the prevention and protection measures provided for in specific legislation.
Article 42.
Assessment of susceptible risks of detrimental effects on genetic heritage
1-The employer must check the existence of agents or factors that may have effects
harmful to the genetic heritage and assess the corresponding risks.
2-A The risk assessment shall take into account all available information,
particularly:
a) The collection of information about the agents or factors;
b) The study of the jobs to determine the actual conditions of exposure,
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specifically the nature of the work, the characteristics of the agents or factors,
the periods of exposure and the interaction with other risks;
c) The recommendations of the competent bodies in the field of safety and
health at work.
3-A Risk assessment shall be made quarterly, as well as when there is change
of the conditions of work susceptible to affect the exposure of the workers, the
health surveillance results justifies or verifies development of the
scientific research in this matter.
4-A The risk assessment should identify exposed workers and those who, being
particularly sensitive, may necessitate special protection measures.
5-Constitutes very serious counterordinance to the violation of the provisions of the preceding paragraphs.
Article 43.
Specific information duties
1-Without prejudice to the general obligations in information and consultation, the employer
must make up-to-date information available to employees and their representatives
for safety and health at work on:
a) Hazardous substances and mixtures, work equipment and materials
or raw materials present in the workplaces that may represent
danger of aggression to genetic heritage;
b) The results of the risk assessment;
c) The identification of exposed workers.
2-A information referred to in the preceding paragraph shall be placed at the disposal of the doctor of the
work or the public entity responsible for the health surveillance of workers.
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3-The employer shall transmit the information referred to in points (s) a) and b ) of paragraph 1 to the
independent workers and companies who, in the same facilities, develop
activities simultaneously with their workers, to any title.
4-Constitute counterordinance grave the violation of the provisions of this article.
Article 44.
Surveillance of health
1-Without prejudice to the general health obligations at work, the employer must
ensure proper monitoring of the health of workers in relation to which the
result of the assessment reveals the existence of risks for genetic heritage, through
of health examinations, and an examination should be carried out before the first exhibition.
2-A health surveillance referred to in the preceding paragraph shall allow the application of the
knowledge of medicine from the latest work, be based on the conditions or
circumstances in which each employee has been or may be subject to exposure to
agents or risk factors and include, at a minimum, the following procedures:
a) Registration of the clinical and professional history of each employee;
b) Personal interview with the worker;
c) Individual assessment of your state of health;
d) Biological surveillance whenever necessary;
e) Tracing of early and reversible effects.
3-Health exams are carried out on the basis of knowledge that exposure to
agents or risk factors of genetic heritage may cause the following affections:
a) Changes in sexual behaviour;
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b) Reduction of fertility, specifically in the various aspets of spermatogenesis
and of the ovogenesis;
c) Adverse outcomes in hormonal activity;
d) Modifications of other functions that depend on the integrity of the system
player.
4-Constitutes serious counterordinance the violation of the provisions of the preceding paragraphs.
Article 45.
Result of health surveillance
1-As a result of health surveillance the doctor of work:
a) Informs the worker of the result;
b) Gives indications of the eventual need to continue health surveillance,
even after finished the exhibition;
c) Communicates to the employer the result of health surveillance with an interest to the
prevention of risks, without prejudice to the professional secrecy to which it is found
linked.
2-The employer, taking into account the said in the c) of the previous number:
a) Repeats the risk assessment;
b) On the basis of the opinion of the doctor of the work, adopts possible individual measures
of protection or prevention and assigns, if necessary, to the worker concerned
another compatible task in which there is no risk of exposure;
c) Promotes prolonged surveillance of the health of the worker;
d) Ensures any worker who has been exposed to agents or factors of
risk for genetic heritage a health check including, if necessary, the
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realisation of supplementary examinations.
3-The employee has access, at his or her request, to the health record that concerns him,
may request the revision of that result.
4-Constitutes serious counterordinance the violation of the provisions of the preceding paragraphs.
Article 46.
Registration, file and preservation of documents
1-Without prejudice to the general obligations of the safety and health service at work, in
matter of data records and document conservation, the employer must
arrange and conserve updated archives, particularly by electronic means, on:
a) The criteria, procedures and results of the risk assessment;
b) The identification of workers exposed with the indication of nature and, if
possible, of the agent and the degree of exposure to which each employee was subject;
c) The results of health surveillance of each employee with reference to the
respect rank of work or function;
d) The records of accidents or incidents;
e) Identification of the doctor responsible for health surveillance.
2-The records referred to in point c) of the previous number must appear in a medical sheet
individual of each worker, placed under the responsibility of the doctor of the work.
3-The records and files referred to in the preceding paragraphs are retained during, by the
less, 40 years after it has ended the exposure of the workers to which they relate.
4-If the company ceases the activity, records and files are to be transferred to the
competent body of the member of the Government responsible for the labour area, with
exception of clinical data sheets, which should be sent to the competent body of the
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ministry responsible for the area of health, which ensure its confidentiality.
5-All processing of personal data referred to in paragraph 1 shall comply with the legislation
disciplining of the protection of personal data.
6-Constitutes serious counterordinance the violation of the provisions of the preceding paragraphs.
Article 47.
Practical guidelines
1-[ Revoked ].
2-The competent bodies of the ministries responsible for the areas of labour and health
may draw up technical guides containing practical guidelines on prevention and
protection of agents and susceptible factors of implicating risks to genetic heritage
of the worker or his descendants
CHAPTER VI
Prohibited or conditioned activities in general
Article 48.
Prohibited or conditioned activities
Activities involving the activities involving the exhibition are prohibited or conditioned to employees
to chemical, physical and biological agents or other factors of a psychosocial nature that
may cause hereditary genetic effects, non-heritable detrimental effects on the
progeny or attest against male reproductive functions and capacities or
feminine, susceptible to entail risks to genetic heritage, referred to in the present
law or in specific legislation, as per the indication that appears from them.
Article 49.
Use of prohibited agents
1-A The use of prohibited agents is permitted only:
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a) For exclusive purposes of scientific research;
b) In activities aimed at the respect elimination.
2-In the situation provided for in the preceding paragraph, the exposure of workers to the agents in
cause should be avoided, notably by ensuring that the same decorate during the
minimum time possible and that it performs in a single closed system, of which the agents
can only be removed to the extent necessary for the monitoring of the process or the
maintenance of the system.
3-In the case referred to in paragraph 1, the employer must report to the body in advance
competent for the promotion of safety and health in the work of the ministry
responsible for the labour area the following information:
a) Agent and respect quantity used annually;
b) Activities, reactions or implicated processes;
c) Number of workers exposed;
d) Technical and organizational measures taken to prevent the exposure of the
workers.
4-A communication provided for in the preceding paragraph shall be carried out with 15 days of
in advance, and may, in the case of ( b) of paragraph 1, the term shall be lower since
duly reasoned.
5-The body referred to in paragraph 3 gives knowledge of the information received to the body
competent ministry responsible for the area of health and the service with skills
for the recognition of occupational diseases in the area of social security and confirms
the prescribing of the communication with the necessary information, indicating, being the case,
the supplementary protection measures of the employees that the employer must
apply.
6-The employer shall provide the documents referred to in the preceding paragraphs
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supervising entities that request them.
CHAPTER VII
Activities prohibited or conditioned to pregnant female workers, puerpeas or
lactating
Article 50.
Legal remission
For the purpose of the exercise of the rights conferred in this section, they consider themselves
applicable the concepts set out in Article 36 (1) of the Labour Code.
SECTION I
Activities forbidden to pregnant and lactating worker
Article 51.
Physical agents
It is forbidden to the pregnant worker to carry out activities in which he or she is or may be
exposed to the following physical agents:
a) Ionizing radiation;
b) Atmospheres with high overpressure, namely hyperbaric chambers or of
submarine dip.
Article 52.
Biological agents
It is forbidden to the pregnant worker to carry out any activity in which it may be in
contact with transmission vectors of the toxoplasm and with the rubella virus, save if
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there is evidence that the pregnant worker possesses antibodies or immunity to those
agents and find themselves sufficiently protected.
Article 53.
Chemical agents
It is forbidden to the pregnant worker to carry out any activity in which it may be in
contact with:
a) Hazardous substances classified in one or more of the following classes of
danger:
i) Mutagenicity in germ cells, categories 1A or 1B;
ii) Reproductive toxicity, categories 1A, 1B or with effects on the
lactation or through it,
in the terms of Regulation (EC) No 1272/2008 of Parliament
European and of the Council of December 16, 2008 on the
classification, labelling and packaging of substances and mixtures.
b) Lead and its compounds to the extent that these agents can be
absorbed by the human organism.
Article 54.
Agents banned for lactating worker
It is prohibited to the lactating worker to carry out any activity involving the
exposure to the following physical and chemical agents:
a) Ionizing radiation;
b) Substances classified as toxic for reproduction with effects on the
lactation or through it,
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pursuant to Regulation (EC) No 1272/2008 of the European Parliament and of the
Council, of December 16, 2008, concerning classification, labelling and
packaging of substances and mixtures;
c) Lead and its compounds to the extent that these agents can be absorbed
by the human organism.
Article 55.
Conditions of work
It is forbidden to the pregnant and lactating worker the provision of underground work in mines.
Article 56.
Exercise of prohibited activities
Constitutes very serious counterordinance, attributable to the employer, the exercise of activities
with exposure to prohibited agents and working conditions in the terms of the present
subsection.
SECTION II
Conditioned activities
Article 57.
Physical agents
Are conditioned to the pregnant worker the activities involving the exposure to agents
susceptible physicists of provoking fetal injury or placental dispreneion,
particularly:
a) Shocks, mechanical vibrations or movements;
b) Manual handling of loads that behave risks, particularly dorso-
lumbar, or whose weight exceeds 10 kg;
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c) Noise;
d) Non-ionizing radiation;
e) Extreme temperatures, cold or heat;
f) Movements and postures, displacements either in the interior or the outside of the
establishment, mental and physical fatigue and other physical overloads linked to the
activity exerted.
Article 58.
Biological agents
Are they conditioned to the pregnant worker, puerpera or lactating all the activities in which
there may be the risk of exposure to classified biological agents in the risk groups 2, 3
and 4, in accordance with the legislation on the minimum safety protection requirements and
of the health of workers against the risks of exposure to biological agents during the
work.
Article 59.
Chemical agents
Are they conditioned to the pregnant worker, puerpera or lactating the activities in which there is
or there may be the risk of exposure to:
a) Hazardous substances classified in one or more of the following danger classes:
i) Carcinogenicity, categories 1A, 1B or 2;
ii) Reproductive toxicity, category 2,
in the terms of Regulation (EC) No 1272/2008 of the European Parliament and
of the Council of December 16, 2008 on classification, labelling
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and packaging of substances and mixtures;
b) Until May 31, 2015, qualifying hazardous mixtures with one or more of the
following risk warnings:
i) "R 40-possibility of carcinogenic effects";
ii) "R 45-can cause cancer";
iii) "R 49-can cause cancer by inhalation";
iv) " R 63-possible risks during pregnancy from undesirable effects in the
descent ", pursuant to the Decree-Law No. 82/2003 of April 23,
amended by Decree-Law No 63/2008 of April 2;
c) As of June 1, 2015, dangerous mixtures classified in one or more of the
following danger classes:
i) Carcinogenicity, categories 1A, 1B or 2;
ii) Reproductive toxicity, category 2,
in the terms of Regulation (EC) No 1272/2008 of the European Parliament and
of the Council of December 16, 2008 on classification, labelling
and packaging of substances and mixtures;
d) Auramine;
e) Mercury and its derivatives;
f) Antimitotic medications;
g) Carbon monoxide;
h) Hazardous chemical agents of formal cutaneous penetration;
i) Substances or mixtures that free up in the industrial processes referred to in the
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next article.
Article 60.
Industrial processes and working conditions
Are conditioned to the pregnant worker, puerpera or lactating the activities at places of
work where the following industrial processes are elapsed or can be carried out:
a) Manufacture of auramine;
b) Works susceptible to causing exposure to polycyclic hydrocarbons
aromatics present in particular in the soot, in the tar, in the pez, in the fumes
or in the dust hulls;
c) Work susceptible to provoking exposure to dust, fumes or mist
produced during calcination and electrorrefining of nickel mates;
d) Strong acid process during the manufacture of isopropyl alcohol;
e) Works susceptible to provoking exposure to dusts of folly woods.
CHAPTER VIII
Prohibited or conditioned activities the minor
SECTION I
Activities, agents, processes and conditions of work prohibited the minor
Article 61.
Activities
Are prohibited to the least the following activities:
a) Manufacture of auramine;
b) Industrial slaughter of animals.
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Article 62.
Physical agents
Are prohibited to the least the activities where there is a risk of exposure to the following agents
physical:
a) Ionizing radiation;
b) Atmospheres of high overpressure, particularly in hyperbaric chambers and
of submarine diving;
c) Contact with high voltage electrical energy.
Article 63.
Biological agents
Activities in which there is a risk of exposure to biological agents are prohibited to
classified in risk groups 3 and 4, in accordance with the legislation on prescriptions
minimum protection and health protection of workers against the risks of the
exposure to biological agents during work.
Article 64.
Chemical agents, substances and mixtures
1-Are prohibited to the lowest the activities where there is risk of exposure to the following
chemical agents:
a) Asbestos;
b) Lead and its ionic compounds, to the extent that these agents are
susceptible to being absorbed by the human organism;
c) Chloropromazin;
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d) Toluene and xylene;
e) Aromatic polycyclic hydrocarbons present in the soot, in the tar or in the
coal of the hulha;
f) Dust, fumes or mist produced during the calcination and electrorrefining of
niquel mates.
2-Are prohibited to the least the activities where there is a risk of exposure to substances
classified in accordance with Regulation (EC) No 1272/2008 of Parliament
European and of the Council of December 16, 2008 on classification, labelling
and packaging of substances and mixtures in one or more of the following danger classes:
a) Acute toxicity, categories 1, 2 or 3;
b) Cutaneous corrosion, categories 1A, 1B or 1C;
c) Inflammable gas, categories 1 or 2;
d) Inflammable liquid, category 1;
e) Self-reactive substance, type CD;
f) Explosive, "unstable explosive" category, or divisions 1.1, 1.2, 1.3 or 1.5;
g) Toxicity to specific target bodies (single exposure), category 1;
h) Toxicity to specific target organs (repeated exposure), categories 1
or 2;
i) Respiratory sensitization, category 1;
j) Skin sensitization category 1;
k) Carcinogenicity, categories 1A, 1B or 2;
l) Mutagenicity in germ cells, categories 1A or 1B;
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m) Reproductive toxicity, categories 1A or 1B;
3-Are prohibited to the slightest the activities where there is a risk of exposure to mixtures that, until
May 31, 2015 pursuant to the Decree-Law No. 82/2003 of April 23, amended
by Decree-Law No. 63/2008 of April 2, be classified as toxic (T), much
toxic (T +), corrosive (C) or explosive (E).
4-Are prohibited to the slightest the activities where there is a risk of exposure to mixtures that, until
May 31, 2015 pursuant to the Decree-Law No. 82/2003 of April 23, amended
by Decree-Law No. 63/2008 of April 2, are classified as harmful (Xn) and
qualified by one or more of the following risk warnings:
a) "R 39-danger of very serious irreversible effects";
a) "R 40-possibility of carcinogenic effects";
b) "R 42-may cause inhalation awareness";
c) "R 43-may cause sensitization in contact with the skin";
d) "R 45-can cause cancer";
e) "R 46-may cause hereditary genetic alterations";
f) " R 48-risks of serious health effects in the event of exposure
prolonged ";
g) "R 60-can compromise fertility";
h) "R 61-risk during pregnancy, with adverse effects on the offspring".
5-Are prohibited to the slightest the activities where there is a risk of exposure to mixtures that, until
May 31, 2015 pursuant to the Decree-Law No. 82/2003 of April 23, amended
by Decree-Law No. 63/2008 of April 2, be classified as irritants (Xi) and
qualified by one or more of the following risk warnings:
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a) "R 12-extremely inflammable";
b) "R 42-may cause inhalation awareness";
c) "R 43-can cause sensitization in contact with the skin".
6-Are prohibited to the lowest the activities where there is a risk of exposure to mixtures that the
starting from June 1, 2015 are classified in accordance with the Regulation
(EC) No 1272/2008, of the European Parliament and of the Council, of December 16 of
2008, relating to the classification, labelling and packaging of substances and mixtures in one or
more of the following danger classes:
a) Acute toxicity, categories 1, 2 or 3;
b) Cutaneous corrosion, categories 1A, 1B or 1C;
c) Inflammable gas, categories 1 or 2;
d) Inflammable liquid, category 1;
e) Self-reactive substance, type CD;
f) Explosive, "unstable explosive" category, or divisions 1.1, 1.2, 1.3 or 1.5;
g) Toxicity to specific target bodies (single exposure), category 1;
h) Toxicity to specific target organs (repeated exposure), categories 1
or 2;
i) Respiratory sensitization, category 1;
j) Skin sensitization category 1;
k) Carcinogenicity, categories 1A, 1B or 2;
l) Mutagenicity in germ cells, categories 1A or 1B;
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m) Reproductive toxicity, categories 1A or 1B.
Article 65.
Processes
Are prohibited to the lowest the activities where there is risk of exposure to the following
processes:
a) Strong acid process during the manufacture of isopropyl alcohol;
b) Manufacture and handling of contraptions, artifices or objects containing
explosives.
Article 66.
Conditions of work
1-Are prohibited to the slightest the activities whose achievement is subject to the following conditions
of work:
a) Risk of collapse;
b) Handling of production, storage or use apparatus of
compressed, liquefied or dissolved gases;
c) Use of vats, tanks, reservoirs, bottles or bogs containing
chemical agents, substances or mixtures referred to in Article 64;
d) Conduction or operation of transport vehicles, tractors, forklift and
therraplaning machines;
e) Release of free silica dust, particularly in the projection of sand jets;
f) Leakage of metals in merger;
g) Glass blowing operations;
h) Places of breeding or conservation of ferocious or poisonous animals;
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i) Carried out in the subsoil;
j) Carried out in wastewater drainage systems;
l) Held on airport runways;
m) Held in activities that elapse in nightclubs and similar ones;
n) Whose cadence is conditioned by machines and the retribution determined in
function of the result.
2-Are, still, prohibited to lesser under the age of 16 years the activities that are
performed in discotheques and similar.
Article 67.
Exercise of prohibited activities
It constitutes very serious counterordinance, attributable to the employer, the exercise by minor
of any of the activities prohibited pursuant to this subsection.
SECTION II
Work-conditioning the minor aged 16 or above
Article 68.
Activities, processes and conditions of conditioned work
1-The minor aged 16 or over can only carry out the activities, processes
and working conditions subject to exposure of physical, biological and chemical agents
referred to in this subsection.
2-For the purposes of the preceding paragraph, in addition to the provisions of the a ) and b) of paragraph 1 of the
Article 72 of the Labour Code, the employer shall assess the nature, degree and the
duration of exposure of the minor to activities or conditioned work and take the
measures necessary to prevent such risk, giving these facts knowledge of the service
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with an inspection competence of the conditions of safety and health at work,
particularly by electronic means via the electronic single-counter of the services,
by means of communication in model approved by dispatching the maximum leader of the
body with inspection competence of the ministry responsible for the labour area.
3-Constitute lightweight counterordinance applicable to the employer the non-communication of the facts
referred to in the preceding paragraph and serious counterordinance, also applicable to the
employer, the violation of the rest willing in the previous numbers.
Article 69.
Physical agents
They may be carried out by less than 16 years of age, provided that the
employer comply with the provisions of paragraph 2 of the previous article, the activities in which there is a risk
of exposure to the following physical agents:
a) Ultraviolet radiation;
b) Sound levels higher than 85 dB (A), measured through the L (EP index, d), in the
terms of the scheme relating to the protection of workers from the risks due to the
exposure to noise during work;
c) Vibrations;
d) Temperatures of less than 0ºC or higher than 42ºC;
e) Contact with medium-voltage electric power.
Article 70.
Biological agents
They may be carried out by less than 16 years of age, provided that the
employer complies with the provisions of Article 68 (2), the activities in which there is a risk of
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exposure to biological agents from risk groups 1 and 2, according to the legislation
on the minimum safety and health protection requirements of workers
against the risks of exposure to biological agents during work.
Article 71.
Chemical agents
They may be carried out by less than 16 years of age, provided that the
employer complies with the provisions of Article 68 (2), the activities in which there is a risk of
exposure to the following chemical agents:
a) Ethyl acetate;
b) Uric acid and its compounds;
c) Alcohols;
d) Butane;
e) Ketones;
f) Chloronaphthalenes;
g) Proteolytic enzymes;
h) Manganese, its compounds and alloys;
i) Iron oxide;
j) Propane;
l) Phosphorus sesquysulfide;
m) Sulfate of sodium;
n) Zinc and its compounds.
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Article 72.
Conditions of work
1-Can be carried out by a minor aged 16 or above, provided that the
employer complies with the provisions of Article 68 (2), the activities subject to the following
working conditions that entail:
a) The use of work equipment which, pursuant to Article 5 of the
Decree-Law No. 50/2005 of February 25, present specific risks to the
safety or health of workers;
b) Demolitions;
c) The execution of dangerous maneuing;
d) Work for dismantling;
e) The harvesting, handling or wrapping of blood, organs or any
other animal foils, handling, washing and sterilization of materials
used in the said operations;
f) The removal and handling of waste from waste dumps and similar;
g) The manual handling of loads with weight of more than 15 kg;
h) Excessive physical efforts, notably carried out in a kneeling position or
in positions and movements that determinate compression of nerves and plexes
nervous;
i) The achievement in silos;
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j) The realization in refrigerated installations in which there may be risk of leakage from the fluid
of refrigeration;
l) The realization in slaughterhouses, stalks, fishmongers, aviaries, flooded factories or
preserves of meat or fish, milk distribution depots and queijries.
2-In cases of violation of the provisions of the provisions of the b ) a d ) from the previous number to
counterordinational responsibility falls on the employer and the entities
runners.
CHAPTER IX
Safety and health services at work
SECTION I
Organisation of the services of occupational safety and health
Article 73.
General provisions
1-The employer must arrange the safety and health service in the work of agreement
with the modalities provided for in this Chapter.
2-Constitute very serious counterordinance the violation of the provisions of the preceding paragraph.
Article 73-The
Goals
The activity of the safety and health service at work aims to:
a) Ensuring the working conditions that safeguard safety and physical health
and mental of workers;
b) To develop the technical conditions that ensure the implementation of the measures of
prevention defined in Article 15;
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c) To inform and train employees in the field of occupational safety and health;
d) Inform and consult with the representatives of workers for safety and health
at work or, in their absence, the workers themselves.
Article 73-B
Core activities of the safety and health service at work
1-The safety and health service at work shall take the necessary measures to
prevent occupational risks and promote the safety and health of workers,
particularly:
a) Planning for prevention, integrating at all levels and, for the whole
activities of the company, the risk assessment and the respective measures of
prevention;
b) Carry out the risk assessment by drawing up the reports;
c) Draw up the professional risk prevention plan as well as plans
detailed prevention and protection required by specific legislation;
d) Participate in the drafting of the internal emergency plan, including the plans
specific firefighting, evacuation of facilities and first
aid;
e) Collaborate in the conception of places, methods and organization of the work, as well as in the
choice and in the maintenance of work equipment;
f) Overseeing the supply, validity and conservation of equipment of
individual protection, as well as the installation and maintenance of the signaling of
security;
g) Carry out health surveillance examinations by drawing up the reports and the chips, well
how to organize and keep up-to-date clinical records and other elements
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informations relating to the worker;
h) Develop health promotion activities;
i) To coordinate the measures to be adopted in the event of serious and imminent danger;
j) Surveying the working conditions of workers in more vulnerable situations;
l) Designing and developing the information programme for the promotion of security
and health at work, promoting the integration of prevention measures in the
information and communication systems of the company;
m) Designing and developing the training programme for the promotion of safety and
health at work;
n) Support the activities of information and consultation of the representatives of the
workers for safety and health at work or, failing that, of their own
workers;
o) To ensure or monitor the implementation of the prevention measures by promoting the
its efficiency and operationality;
p) Arrange the necessary elements for mandatory notifications;
q) Draw up the mandatory stakes in the event of an accident of work or illness
professional;
r) Coordinate or monitor internal audits and inspections;
s) Analysing the causes of accidents at work or from the occurrence of diseases
professionals, elaborating the respective reports;
t) To collect and organize statistical elements concerning safety and health in the
work.
2-The safety and health service at work must keep up-to-date, for the purposes of
query, the following elements:
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a) Results of professional risk assessments;
b) List of accidents at work that have occasioned absence from disability
for work, as well as accidents or incidents that take particular
gravity in the perspetive of safety at work;
c) Reports on accidents at work that originate absence from disability to
work or which reveal evidence of particular gravity from the perspective of the
safety at work;
d) List of the situations of low by disease and the number of days of absence to
work, to be remitted by the service of personnel and, in the case of diseases
professionals, the relationship of the participates diseases;
e) List of measures, proposals or recommendations formulated by the service of
safety and health at work.
3-When the activities referred to in the previous figures imply the adoption of measures
whose concretization is essentially dependent on other responsible persons of the company, the
safety and health service at work must inform them about the same and
cooperate in its implementation.
4-The employer must respect the disciplining legislation of the protection of personal data.
5-The employer shall maintain documentation relating to the realization of the activities to which if
refer to the previous figures at the disposal of the entities with inspection competence
for five years.
6-Constitute against -ordinance grave the violation of the provisions of this article.
7-A counterordinational liability for the violation of the provisions of the n. ºs 1 a to 3 recai
about:
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a) The external service of safety and health that violates the duties in question, without
prejudice to the provisions of Article 15 (14);
b) The employer in a company where the common security and health service violated the
duties in question;
c) The employer, whenever the violation has been practiced by internal service of the
company.
Article 74.
Modalities of services
1-A The organization of the safety and health service at work, may adopt in the terms of the
the following number, one of the following modalities:
a) Internal service;
b) Common service;
c) External service.
2-Without prejudice to the provisions of Article 78 (3), the organisation of the security service
and health at work must adopt the internal service modality, being admitted the
recourse to common or external service, pursuant to the terms, respectively, of section III and section
IV of this Chapter, which ensures in whole or in part the development of those
activities and, still, qualified technicians in sufficient number to ensure the
development of those activities only in the cases where in the company or in the
establishment there are not enough means to develop the integrated activities
in the operation of the safety and health service at work on the part of the service
internal or being in question the regime defined in Article 81.
3-Employer can adopt different organization modalities in each
establishment.
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4-Safety activities can be arranged separately from those of health,
observing, in respect of each of them, the provisions of the preceding paragraph.
5-The services organized in any of the modalities referred to in paragraph 1 shall have the
means sufficient means that enable them to exercise the main activities of security and
health at work.
6-A The use of common service or external service does not exempt the employer from the
specific responsibility for safety and health that the law assigns to it.
7-[ Revoked ].
8-Cons t itui counterordinance very serious the violation of the provisions of paragraph 5.
Article 74-The
Qualification of internal and common service
1-A The organisation of internal services and common services must meet the requirements
defined in the points b ) a and ) of Article 85 (1), as well as, as to resources
humans, to the provisions of articles 101 and 105.
2-Constitui against -ordinance grave the violation of the provisions of the preceding paragraph.
Article 75.
First aid, firefighting and evacuation of workers
1-A company or the establishment, whatever the modality of the service of
safety and health at work, must have an internal structure that ensures the activities
of first aid, firefighting and of evacuation of facilities to which if
refers to Article 15 (9)
2-Constitute very serious counterordinance the violation of the provisions of the preceding paragraph.
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Article 76.
National Health Service
1-A promotion and surveillance of health can be ensured through the units of the
National Health Service, in accordance with specific legislation approved by the
ministry responsible for the area of health, in the following groups of workers:
a) Independent worker;
b) Seasonal agricultural worker and the term;
c) Apprentice in the service of an artisan;
d) Domestic service worker;
e) Worker of fishing activity in vessel with length less than 15
m whose shipowner does not explore more than two fishing vessels until that
length;
f) Workers of microenterprises who do not exercise high risk activity.
2-The employer and the self-employed worker shall make evidence of the situation provided for in the
previous number that confers right to assistance through units of the Service
National Health, as well as pay the respects charges.
Article 77.
Representative of the employer
1-If the company or establishment adopts common service or external service, the
employer must designate in each establishment or set of establishments
distanced up to 50 km from the one that occupies larger numbers of workers and with limit
total of 400 workers a worker with appropriate training, under the terms of the
provisions of the following number, which represent the dam to accompany and co-adjuvate the implementation
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of the prevention activities.
2-For the purposes of the preceding paragraph, it is understood by appropriate training to be allowed to
acquisition of basic skills in safety, health, ergonomics, environment
and organization of the work, be communicated in advance to the service with competence
for the promotion of safety and health in the work of the ministry responsible for the area
labour and be provided, in alternative, by:
a) Certified trainer entity or equiped in the terms of the law governing the
access and exercise of the professional training activity of superior coach of
safety of work and work safety technician;
b) Formative entity specifically certified for the purpose, under the terms of the
framework regime for certification of the forming entities, with the adaptations
portaria constants to be approved by the member of the Government responsible for the area
labour, being competent authority the body with inspection competence of the
ministry responsible for the labour area.
3-The certification manual provided for in the law that regulates the access and exercise of the activity of
vocational training of superior job security technician and technician of
safety of the work describes the requirements of the formations referred to in the number
previous, taking into account the necessary articulation with the National Catalogue of the
Qualifications and the Certification System of Forming Entities.
4-Constitutes serious counterordinance to the violation of the provisions of paragraph 2.
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SECTION II
Internal service
Article 78.
Scope and compulsory internal service of safety and health at work
1-The internal service of occupational safety and health is instituted by the employer and
uniquely covers workers for whose safety and health that is
responsible.
2-Without prejudice to their technical autonomy, the technicians who ensure the service referred to
in the preceding paragraph provide their activity within the framework of the organisation and under
authority of the employer.
3-Saved in cases where it obtains dispensation pursuant to Art. 80, the employer shall
institute internal service that covers:
a) The establishment that has at least 400 employees;
b) The set of establishments distanced up to 50 km from the one that occupies greater
number of workers and who, with this, have at least 400 employees;
c) The establishment or set of establishments that develop activities of
high risk, in accordance with the provisions of the following article, to which they are exposed
at least 30 workers.
4-For the purposes of the preceding paragraph, the service provided by the service shall be deemed to be internal
a company to other companies in the group so long as that and these belong to
societies that are in relation to domain or group.
5-Constitute very serious counterordinance to the violation of the provisions of paragraph 3.
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Article 79.
Activities or high risk works
For the purposes of this Law, they are considered to be of high risk:
a) Work on construction works, excavation, movement of land, of tunnels,
with risks of falls in height or of soaring, demolitions and intervention in
railroads and highways without traffic interruption;
b) Activities of extractive industries;
c) Hyperbaric work;
d) Activities involving the use or storage of chemical products
dangerous susceptible to causing serious accidents;
e) Manufacture, transport and use of explosives and pyrotechnics;
f) Activities of steel industry and shipbuilding;
g) Activities involving contact with medium-high electrical currents and high stresses;
h) Production and transport of compressed, liquefied or dissolved gases or the
significant use of them;
i) Activities that imply exposure to ionizing radiation;
j) Activities that imply exposure to carcinogens, mutagens or
toxic for reproduction;
l) Activities that imply exposure to biological agents of group 3 or 4;
m) Work involving exposure to silica.
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Article 80.
Internal service dispensation
1-The employer may, upon permission of the competent body of the
ministry responsible for the labour area or the competent body of the
ministry responsible for the area of health, depending on the dispensation to the
field of safety or health, obtain internal service dispensation in relation to
establishment covered by the point a ) or b ) of Article 78 (3) in which:
a) Do not exercise high risk activities;
b) Present incidence and severity rates of accidents at work, in the two
last years, not exceeding the average of the respect sector;
c) There are no records of occupational diseases contracted to the service of the company or
for which they have contributed directly and decisively to the conditions of
work of the company;
d) The employer has not been punished for very serious infractions relating to the
violation of safety and health legislation in the work practiced in the same
establishment in the last two years;
e) If you check, by the analysis of the risk assessment reports presented by the
applicant or through surveys, when necessary, which are respected the
limit values of exposure to substances or risk factors.
2-The application for authorisation shall be sent to the competent body,
particularly by electronica, accompanied by reasoned opinion of the
representatives of workers for safety and health at work or, failing that,
of the workers themselves, without prejudice to the provisions of Article 18 (3) and (5).
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3-The competent body, after having verified the compliance of the requirements
susceptible of documentary appreciation and in the 45 days later than the presentation of the
application, can, should you understand it necessary:
a) Mark the date of the survey;
b) Inform of the fact the applicant and the other body in such a way that they have
knowledge of the same at the minimum 10 days ' notice;
c) Notify the applicant for payment of fee regarding the survey.
4-A The authorisation referred to in paragraph 1 shall be revoked whenever any of the
following circumstances:
a) A deadly work accident has occurred by violation of rules of
safety and health in the work imputed to the employer;
b) The employer presents incidence and severity rates of accidents of
work in the last two years higher than the average of the respect sector, whenever
there are data available;
c) If you check out occupational diseases contracted in the service of the company or for the
which have contributed directly and decisively to the working conditions of the
company;
d) The employer has been convicted, in the last two years, by the practice of
very serious counterordinance or in recidivisation by the practice of counterordinance
serious on 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 to grant the authorization referred to in paragraph 1.
6-[ Revoked ].
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7-If the authorisation referred to in paragraph 1 is revoked, the company or establishment shall
adopt in-house services within six months.
Article 81.
Activities exerted by the employer or by designated worker
1-In the company, establishment or set of establishments distanced up to 50 km
of the largest size that employs at most nine workers and whose activity
is not of high risk the safety activities at work can be exerted
directly by the employer itself if it has proper training and stay
usually in establishments.
2-In the situations referred to in the preceding paragraph, the employer may designate one or more
workers to take care of all or some of the security activities in the
work as long as they possess adequate training and have the time and means
necessary.
3-The exercise of the activities provided for in paragraphs 1 and 2 depends on permission granted
by the competent body for the promotion of safety and health in the work of the
ministry responsible for the labour area.
4-For the purposes of the preceding paragraph, the application for authorisation shall be,
preferentially, effected by way of electronicity, pursuant to Art. 96 .ºA.
5-[ Revoked ].
6-A The authorisation referred to in paragraph 3 shall be revoked whenever any of the
following circumstances:
a) In the company, in the establishment or set of establishments has occurred
a deadly work accident for violation of safety and health rules in the
employment attributable to the employer;
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b) The employer has been convicted, in the last two years, by the practice of
very serious counterordinance in safety and health at work or
in reoffending by the practice of serious counterordinance in safety and
of health at work;
c) The employer has not communicated to the body with competence in matter
of promoting safety and health in the work of the ministry responsible for the
labour area verification of the alteration of the elements that substantiated the
authorization, within 30 days.
7-In the case referred to in the preceding paragraph, the employer must adopt another modality of
organization of the safety and health service at work, within 90 days.
8-The appropriate training referred to in the preceding paragraphs shall apply to the provisions of paragraph 2 of the
article 77 para.
9-Workers designated in accordance with paragraph 2 shall not be prejudiced by
find in the exercise of the activities mentioned.
10-The body with competence for the promotion of safety and health in the work of the
ministry responsible for the labour area has 45 days from the date of entry
of the application to grant the authorisation referred to in paragraph 3, considering the
same, in the absence of express decision, tacitly dewound.
11-Constitute very serious counterordinance the exercise of the activities referred to in the n. ºs 1 and
2 without authorization.
SECTION III
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Common service
Article 82.
Common service communication
1-The common service is instituted by agreement between various companies or establishments
belonging to societies that do not find themselves in a group relationship nor are they
covered by the provisions of Article 78 (3), contemplating exclusively the
workers for whose safety and health those are responsible.
2-The agreement establishing the joint service shall be concluded in writing and communicated to the
body with competence for the promotion of safety and health in the work of the
ministry responsible for the labour area or the competent body of the ministry
responsible for the area of health, depending on the cases within a maximum of 10 days after the
your celebration.
3-A communication shall be accompanied, in addition to the agreement referred to in the number
previous, of reasoned opinion of the employees ' representatives for the
safety and health at work or, failing that, of the workers themselves and is
presented, in particular by electronic means, through the single electrolytic counter of the
services, according to the model made available on the electro-pages of the
competent bodies.
4-It is vehement to the common service the provision of services to other companies that do not
part of the agreement provided for in paragraph 1.
5-Constitute very serious counterordinance applicable to each company covered by the
common services the violation of the provisions of paragraph 1 and the serious counterordinance the violation of the
provisions of paragraphs 2 and 3.
SECTION IV
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External service
SUBSECTION I
General provisions
Article 83.
Notion of external service
1-It is considered external service the one that is developed by entity that, upon
contract with the employer, carries out safety or health activities at work,
as long as it is not common service.
2-The external service can understand the following types:
a) Associates-provided by associations with legal personality without ends
lucrative, the statutory end of which understands the activity of providing services of
safety and health at work;
b) Co-operatives-provided by cooperatives whose statutory object understands the
activity of provision of safety and health services at work;
c) Private-provided by societies whose social object understands the activity of
provision of safety and health services at work or by natural person
who detains the legally required qualifications for the exercise of the activity;
d) Convenor-provided by any entity of the public administration
central, regional or local, public institute or integrated institution in the Service
National of Health.
3-[ Revoked ].
4-The contract between the employer and the external service provider is celebrated
in writing.
SUBSECTION II
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External service authorization
Article 84.
Authorization
1-The services provided for in the paragraph c ) of Article 74 (1), provided by companies or
per natural person, are subject to authorisation.
2-A authorization provided for in the preceding paragraph may be granted for activities of a
or both areas of safety and health, for all or some sectors of activity,
as well as for certain high risk activities.
3-A authorization competes:
a) To the competent body for the promotion of safety and health in the work of the
ministry responsible for the labour area, in the case of exercise of activity in the
field of security;
b) To the competent body of the ministry responsible for the area of health, in the case
of exercise of activity in the field of health.
4-On the amendment of the permit, with respect to sectors of activity and risk activities
high, the provisions of this subsection shall apply.
5-Notwithstanding the autonomy provided for in paragraph 3, the body with competence to instruct
the procedure shall communicate to the other, on a monthly basis, applications for permission to
the exercise of external service activity.
6-Constitui very serious counterordinance the exercise of the activity by external service without
authorization, particularly for the area, the sector or the high risk activity in
cause.
7-A The counterordinational liability referred to in the preceding paragraph falls on the
contracting employer and the contracted external service.
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8-External services, contracted by company established in another Member State of the
European economic area, pursuant to the legislation of that Member State, which
services on national territory under Article 4 (3) of the Decree-Law
n ° 92/2010 of July 26 do not lack authorisation, however being subject to the
conditions of exercise that are applicable to you during the presence on national territory
of the employer who hired them, in particular to the requirements relating to:
a) Qualifications of the technicians, constants of the law regulating the access and exercise of the
vocational training activity of top job security technician and
of the safety technician of the work;
b) Facilities, equipment and utensils of assessment of safety conditions and
health at work, in accordance with the minimum safety requirements and
of health at the places of work provided for in special legislation;
c) To health units, should they respect the area of health, in the terms of legislation
special;
d) Procedures in the field of metrology relating to evaluation equipment
of the conditions of safety and health at work and utensils, in the terms of
special legislation.
9-The provisions of the preceding paragraph shall be without prejudice to the mutual recognition of requirements
complied with in the Member State of origin, in particular relating to equipment and
qualifications of the technicians.
10-The recognition of qualifications of technicians from other states-
Members follow the terms prescribed in law that regulates the access and exercise of activity
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of vocational training of superior technical safety of the job and of technical manager of
safety of the work.
Article 85.
Requirements of the authorisation
1-A external service authorization depends on the verification of the following requirements:
a) Permanent availability, at the very least, of a top technician and a technician
of safety in the work and availability of a work doctor, who
to exercise the respects of safety or health activities;
b) Facilities suitable and equipped for the exercise of the activity;
c) Equipment and utensils of assessment of safety and health conditions in the
work and personal protective equipment to be used by the technical staff of the
applicant;
d) Technical quality of procedures, particularly for evaluation of
conditions of safety and health and planning of activities;
e) Capacity for the exercise of the activities provided for in Article 98 (1), without
loss of the resource to subcontracting only for the execution of other tasks of
high complexity or infrequent;
f) Sufficient guarantees in relation to technical and organizational security measures
of the treatments of personal data to be effecd.
2-Should the application for permission cover high risk activities, the requirements a
which refers to the previous number should take into account the suitability for such activities.
3-Constitutions elements of appreciation of the application for authorization:
a) The number of technicians with the legally required qualifications, taking into account
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the activities of the fields of safety and health for which permission is requested;
b) The nature of the links, as well as the normal periods of work of the
superior technical staff and safety technician of work and monthly times
of affectation to the doctor of work and nurse practitioner;
c) The compliance of the facilities and equipment with the minimum requirements of
safety and health at work for the activity of office and services;
d) Should you respect the area of health, the minimum requirements provided for the units
private health;
e) The suitability of work equipment for tasks to be developed and the number
maximum employees of the applicant who, at the same time, of them can
need;
f) The characteristics of equipment and utensils to be used in the evaluation of
conditions of safety and health at work;
g) The procedures in the field of metrology relating to equipment and
utensils referred to in the preceding paragraph.
4-The manual of procedures is taken into account in the assessment of quality
technique of the same.
5-Are either met by the equivalent requirements or which are essentially aimed at
same purpose to which the applicant has already been subjected, specifically in another
Member State of the European Economic Area.
Article 86.
Application for authorization
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1-A external service permit is required of the competent body, namely
by electronica, in own model, approved by porterie of the members of the
Government responsible for the labour and health areas.
2-The applicant shall state:
a) Who intends to exert the activity in both areas of safety and health or
only in one of them and which, in one or several sectors of activity and, being the case
of this, the high risk activities involved;
b) By treating from a natural person, their identification through name, numbers of
tax identification and identity card or civil identification number,
domicile and establishments;
c) Addressing of a collective person, the denomination, the identification number of
collective person, the object, the social headquarters and the establishments.
3-The application must, still, be accompanied by:
a) C
op-ed of the constitutive act of the society, updated, with indication of the publication in the
official newspaper of the member state, in the Journal of the Republic or on the electrolytic site of the
Ministry of Justice;
b) P
rova of the opening of activity in the competent finance department;
c) I
dentification of the superior technical staff and safety technician at work,
medical practitioner and nurse practitioner, as per the field and, being the case, the
activities for which you intend to permit, as well as documents that prove the
respects qualifications;
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d) C
op-ed of the contracts concluded with the superior technicians and technicians,
with the doctors of the work and nurses, when reduced to written, indicating
the monthly time of affection and the period of the duration of the contract and, in the case of
work medicine activity, the place of the provision;
e) I
ndictation of the activities for which it provides for recourse to subcontracting;
f) R
elation of the work equipment to be used at the head office and in establishments;
g) R
elation of equipment and utensils for assessment of safety conditions and
of health at work, with an indication of the respective technical characteristics,
marks, models and serial numbers, to be used at the head office and in establishments;
h) R
elation of the individual protective equipment to be used in tasks or activities
who conduct specific risk for safety and health, with indication of the
respect marks and models and, when warranted, of the marking codes;
i) The
functional rganogram;
j) I
ndication of the number of workers it intends to cover with the services in
industrial establishments or other nature with high risk and in the
remaining establishments.
4-The application for permission must, still, be accompanied by elements that prove
the qualification of human resources, as well as the suitability of equipment and
utensils to the activity to be provided.
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5-[ Revoked ].
Article 87.
Procedures for authorisation
1-The competent body shall decide the application after the assessment of the requirements,
including the conduct of surveys or surveys, pursuant to the following article.
2-In addition to the provisions of the preceding article, the competent body may still request the
applicant for the presentation of elements, clarifications and supplementary information
which you consider necessary for the good appreciation of the application, as well as proceeding to
verification of these same elements at the applicant's registered office or establishment, before
or during the time of the survey.
Article 88.
Vistories
1-To the body with competence for the promotion of safety and health in the work of the
ministry responsible for the labour area is to check:
a) The working conditions of the employees of the requesting entity;
b) The facilities taking into account the conditions of operation within the framework of
security;
c) The situations of subcontracting, under the terms of the sub- e) of Article 85 (1);
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d) The operation of the services to be provided in the area of safety at work,
particularly as to the working equipment to be used, the fixtures and
risk assessment and individual protection equipment;
e) The manual of procedures in the scope of the management of the services to be provided, including
the planning of the activities to be developed, the articulation between the areas of
safety and health, the benchmarks to be used in the framework of procedures
technicians, among which guides to procedures, particularly of organisms
recognised international, codes of good practice and checklists, with the
respects reference to the applicable diplomas and technical standards.
2-To the competent body of the ministry responsible for the area of health it is to check:
a) The facilities, including the mobile units, taking into account the conditions of
operating in the scope of health;
b) The conditions of operation of the service in the area of occupational health,
particularly as for work equipment and equipment to evaluate
health conditions at work;
c) The manual of procedures, in particular, the articulation between the areas of security
and of health, management of clinical information, transfer of information in case of
termination of contract, quality policy, subcontracting and programs of
promotion and surveillance of health.
3-Each of the competent bodies referred to in the preceding paragraphs, after
verified the compliance of the susceptible requirements for documentary appreciation and in the 60
days after the submission of the application:
a) Marks the date of the survey;
b) Informs of the fact the applicant and the other body in such a way that they have
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knowledge of the same at the minimum 10 days ' notice;
c) Notifies the applicant for payment of fee regarding the survey.
4-The competent body draws up the auto of survey and communicates the result of the same
to the applicant and to the other body referred to in the preceding paragraphs, within 10
days.
5-The auto of survey must contain information on the compliance between the requirement
of authorisation and the conditions verified, compliance with technical requirements
legally established, any conditions that you deem necessary to satisfy and the
deadline for its realization.
6-In the following three days in the course of the period referred to in the preceding paragraph, the
applicant who has carried out the conditions imposed should apply for second survey to
competent body, being applicable, with the necessary adaptations, the provisions of
n. ºs 3 a to 5.
7-Determines the dismissation of the application for authorization:
a) The non-fulfilment of the conditions imposed in accordance with paragraph 5;
b) The lack of request for 2 th survey within the time limit set out in paragraph 6.
Article 89.
Urgent survey
1-On the date of submission of the application, the applicant may request, with the request of
authorization, the realization of urgent surveys provided that it presents declaration under
commitment of honor in how all requirements that it is not subject to if
find filled.
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2-In the case referred to in the preceding paragraph:
a) It is marked surveys, within 30 days of the date of the presentation of the
application and notified the applicant for payment of the respect fee;
b) Being fulfilled the requirements verified by surveys provided for in points a)
a c) of Article 85 (1) and verified the elements referred to in Article 3 (3)
86., the competent body issues the required authorisation;
c) The application must be decided within 45 days from the date of its
presentation.
3-To the realization of the urgent survey the provisions of paragraphs 4 and 5 of the preceding Article shall be applied.
Article 90.
Change of authorization
1-To the application for amendment of the permit, with respect to the activities
developed or the high risk activities in which the service can be provided, is
applicable the provisions of the preceding Articles, taking into consideration only the elements
that should be modified in the face of the required amendment.
2-There is place the new survey if the modified elements depending on the request for change
of the permit to include the facilities, as well as the equipment and utensils
referred to in paragraph f ) of Article 85 (3).
Article 91.
Advance payment of fees
1-Are subject to the payment of fee the following acts:
a) Assessment of the application for authorisation or amendment of this;
b) Marking of surveys under the terms of the paragraph e) of Article 80 (1);
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c) Marking of survey in accordance with Article 88 (1);
d) Marking of urgent survey in accordance with the provisions of Article 89 (1);
e) Audit of assessment of the capacity and quality of the provision of the services, in the
sequence of the communication referred to in Article 94 para.
2-The rates referred to in the preceding paragraph shall be set in portaria of the members of the
Government responsible for the areas of finance, labour and health, taking into account the
types of acts, the areas to which they respect them and the activities of high risk
integrated in the sectors of activity to which the authorization refers.
3-The payment of the fee shall be effected:
a) In the 10 working days after notification of the competent body, in the cases provided for
in the points a ) a d ) of paragraph 1;
b) In the 10 working days after having been handed the change decision, when the same
do not imply survey;
c) In the 10 working days after notification of the date of the conduct of the audit referred to in
point ( and ) of paragraph 1.
4-A vistory is effected by establishment, including mobile units.
5-The non-payment of the fees referred to in the preceding paragraphs gives way to the extinction of the
course authorization procedure or, in case the decision to permit or amend
of authorisation has been handed down, determines its ineffectiveness.
Article 92.
Product of fees
The proceeds of the fees revert to the competent body.
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Article 93.
Decision
1-A authorization for the exercise of the safety and health activities in the modality of
external services, their amendment and revocation are decided by dispatching the organ that
directs the competent body for the promotion of safety and health in the work of the
ministry responsible for the labour area or the body that runs the competent body
of the ministry responsible for the area of health, in the terms set out in paragraph 3 of the article
84.
2-A The authorization decision shall specify the areas of safety or health and, if applicable
of this, the high risk activities covered.
3-The competent bodies communicate with each other, on a monthly basis, by means of an electronica, the
relation of the authorizations issued, indicating the social designation of the company, the
tax identification, the location of the headquarters and establishments, the identity of the
administrators or managers, as well as the date of the authorization.
4-If the elements set out in the procedure lead to an unfavourable decision to the
applicant, this shall be informed, in particular in an audience of interested persons, of the
possibility to reduce the application, either as to the area of activity as to the
sectors of activity potentially covered, as the case may be.
5-A authorization for the exercise of the safety and health activities in the modality of
external services and their amendment involving survey should be decided on the deadline
of 90 days or, in the case of change of authorization that does not imply survey, on time
60 days, in both situations from the date of entry of the respective order.
6-Should the decision not be delivered on the time limits referred to in the preceding paragraph, it shall be deemed
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the authorization or the respectful alteration tacitly dewound, but is however ineffective until
to the payment of the fees due for the acts that have been practiced.
SUBSECTION III
Monitoring and audits
Article 94.
Follow-up
1-The external service shall communicate to the competent body that issued the respect
authorization, within 30 days after the occurrence, the interruption or cessation of your
health, as well as changes of social object.
2-The competent bodies pursuant to this Law shall exchange with each other
information on communications received pursuant to paragraph 1.
3-Constitutes serious counterordinance to the violation of the provisions of paragraph 1.
Article 95.
Audit
1-A The capacity of the authorized external services and the quality of their delivery is assessed
by means of auditing, which focuses on the requirements referred to in Article 85 (1)
2-The audits are carried out following the communications referred to in the previous article
or on the initiative:
a) Of the competent body for the promotion of safety and health at work
of the ministry responsible for the labour area or the competent body of the
ministry responsible for the area of health, with regard to the facilities, having in
account for the conditions of safety and health at work;
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b) From the competent body of the ministry responsible for the area of health, in what
complies with the conditions of operation of the service in the area of occupational health,
notably the effective of technical personnel, recourse to subcontracting,
work equipment at the head office and in establishments and equipment for
assess health conditions, and technical procedures of promotion and surveillance
of health;
c) From the competent body for the promotion of safety and health in the work of the
ministry responsible for the labour area, in relation to the conditions of
operation of the service in the area of safety at work, the effective of personnel
technical, recourse to subcontracting, work equipment at the head office and the
establishments, equipment for the assessment of safety conditions in the
work and personal protective equipment.
3-The services referred to in the preceding paragraph may resort to external contracting of
services of specialized technicians, listening to the complexity or technical expertise
of the tasks to be accomplished.
4-Within the scope of audits, the quality of services can be assessed by means of visits
of control to the places of work of the companies to whom the services are provided.
5-External services that exercise activity on national territory under the terms of paragraph 8
of Article 84 may be assessed by means of audit, pursuant to paragraph 4, by
initiative of the bodies referred to in paragraph 2, for verification of compliance with
applicable exercise requirements.
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Article 96.
Suspension, revocation or reduction of authorisation
1-Taking into consideration the changes communicated in accordance with Article 94 or
verified through auditing the lack of essential requirements to the functioning of the
external service or still the verification of the non-exercise of the activities provided for in the article
98., the competent body may suspend, revoke or reduce the authorisation in what
respects the domains of safety and health to the sectors of activity or activities
of high risk.
2-A suspension decided in the terms of the preceding paragraph has a maximum duration of two
years, being compulsorily communicated to the body of the other ministry
competent.
Article 96-The
One-stop shop and computer records
1-All communications and the notifications required for the authorization and amendment of the
authorization of the external service and the internal service dispensation, as well as the sending of
documents, of applications or information relating to those procedures, are
carried out by electronica via the single electronic counter of the services.
2-Records that external services are required to maintain under this Act
must be available in informatics support.
3-When, on the grounds of unavailability of the electrolytic platforms, it is not
possible to comply with the provisions of paragraph 1, the transmission of the information in question
may be effected by other means provided for in the law, particularly by fax,
electro mail message coming from address previously communicated
by another means to the competent authority or registered mail with notice of recetion.
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SECTION V
Operation of the safety and health service at work
Article 97.
[ Revoked ]
Article 98.
[ Revoked ]
Article 99.
[ Revoked ]
SECTION VI
Safety service at work
Article 100.
Technical activities
1-The technical safety activities at work are exerted by senior technicians or
safety technicians at work, certified by the competent body for the
promotion of safety and health in the work of the relevant ministry for the area
labour, in the terms of special legislation.
2-The professionals referred to in the preceding paragraph exert their respective activities with
technical autonomy.
3-[ Revoked ].
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Article 101.
Minimum guarantee of operation of the safety service at work
1-A The activity of the security services shall be ensured on a regular basis on the own
establishment during the time required.
2-A The affectation of the superior or technical technicians to the safety activities at work,
per company, is established on the following terms:
a) In industrial establishment-up to 50 workers, a technician, and, above 50,
two technicians, for every 1500 workers covered or fraction, being by the
less one of them superior technical;
b) In the remaining establishments-up to 50 workers, one technician, and, above 50
workers, two technicians, for every 3000 workers covered or fraction,
being at least one of them superior technical.
3-The competent body for the promotion of safety and health in the work of the
ministry responsible for the labour area may determine a wider duration of the
activity of the security services in establishment in which, regardless of the
number of employees, the nature or severity of occupational hazards, as well as
the indicators of claims, if it justifies a more effective action.
4-Constitutes serious counterordinance the violation of the provisions of the preceding paragraphs.
Article 102.
Information and consultation for the safety and health service at work
1-The employer must provide the security services at work with the elements
technicians on the equipment and the composition of the products used.
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2-The security services at work must be informed about all changes
of the material components of the work and consulted, in advance, on all the
situations with possible repercussion in the safety of workers.
3-The information referred to in the preceding paragraphs shall be subject to professional secrecy, without
injury of the relevant information for the protection of safety and health should be
be communicated to the employees involved, where this proves necessary, and
to workers ' representatives for safety and health at work.
4-Constitutes serious counterordinance the violation of the provisions of paragraphs 1 and 2.
SECTION VII
Health service at work
Article 103.
Doctor of work
1-For the purposes of this Law, the medical practitioner's degree in Medicine is deemed to be the work doctor
with a specialty of occupational medicine recognized by the Order of Physicians.
2-It is considered, still, medical practitioner of the work the one to whom it is recognized idoneity
technique for the exercise of the respects functions, under the law.
3-In the case of proven insufficiency of qualified work doctors in the terms
referred to in the preceding paragraphs, the competent body of the ministry responsible
by the area of health may authorize other Medicine graduates to exercise their respects
functions, which, within four years of the respective authorization, must
present proof of the achievement of specialty in occupational medicine, under penalty of
to be vetted for the continuation of the exercise of the said duties.
Article 104.
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Nurse practitioner of the work
1-In company with more than 250 employees, the work doctor must be coadjured
by a nurse practitioner with proper experience.
2-The activities to be developed by the work nurse are the subject of legislation
special.
3-Constitutes serious counterordinance to the violation of the provisions of paragraph 1.
Article 105.
Minimum health service guarantee of health service at work
1-The work doctor must provide activity during the number of hours required to
carrying out the medical, routine or emergency acts and other work that should
coordinate.
2-The working doctor must know the material components of the work with
influence on the health of workers, developing for this effect the activity
in the establishment on the following terms:
a) In an industrial setting or establishment of another nature with risk
high, at least one hour per month for each group of 10 workers or
fraction;
b) In the remaining establishments, at least one hour per month per each group of
20 workers or fraction.
3-The working doctor is prohibited to ensure the health surveillance of a number of
workers to which they correspond to more than 150 hours of activity per month.
4-Constitutes serious counterordinance the violation of the provisions of the preceding paragraphs.
Article 106.
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Access to information
The working doctor has access to the information referred to in Article 102 (1) and (2), the
which are subject to professional secrecy, pursuant to the provisions of paragraph 3 of the same
article.
Article 107.
Surveillance of health
The technical responsibility of health surveillance rests with the doctor of the work.
Article 108.
Health examinations
1-The employer must promote the achievement of appropriate health examinations to be substantiate
and evaluate the physical and mental fitness of the worker for the exercise of the activity, well
as the repercussion of this and the conditions under which it is provided in the health of the same.
2-Health surveillance consultations must be carried out by medical practitioners who gather the
requirements set out in Article 103.
3-Without prejudice to the provisions of special legislation, the following shall be carried out
health exams:
a) Entrance exams, prior to the start of the work provision or, if the urgency of the
admission to justify, in the following 15 days;
b) Regular, annual exams for minors and for employees with age
greater than 50 years, and from 2 in 2 years for the remaining workers;
c) Occasional examinations, whenever there are substantial changes in the components
working materials that may have harmful repercussions on the health of the worker,
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as well as in the case of return to work after an absence exceeding 30
days by reason of illness or accident.
4-The doctor of the work, in the face of the health status of the worker and the results of the
prevention of occupational risks in the company, may increase or reduce the
periodicity of the examinations provided for in the preceding paragraph.
5-The working doctor must take into consideration the result of examinations to which the
worker has been submitted and who maintain actuality, and shall institute the
necessary cooperation with the assistant physician.
6-A realization of the entrance examination provided for in the paragraph a ) of paragraph 3 may be waived
in cases where there is transfer of the title of the employment relationship, provided that the
worker stay in the same job and there are no substantial changes
in the material components of work that may have harmful repercussions on the health of the
worker.
7-Constitute counterordinance grave the violation of the provisions of paragraphs 1 and 3, as well as the
use of unauthorized medical service pursuant to Art. 103, attributable to the
employer.
Article 109.
Clinical fact sheet
1-The clinical observations relating to health examinations are noted in the clinical charge sheet of the
worker.
2-A Clinical fact sheet is subject to professional secrecy, and may only be provided to the
health authorities and physicians affection to the body with competence for the
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promotion of safety and health in the work of the ministry responsible for the area
labour.
3-For the purposes of the provisions of the preceding paragraphs, the clinical fact sheet shall not contain data
on the race, nationality, ethnic origin or information about personal habits of the
worker, save when the latter are related to specific pathologies
or with other health data.
4-The doctor responsible for health surveillance must deliver to the worker who leaves
of providing service in the company copy of the clinical charge sheet.
5-In the event of a cessation of activity, clinical data sheets should be sent to the service
with skills for the recognition of occupational diseases in the area of
social security.
6-Constituent counterordinance grave the violation of the provisions of this Article, attributable to the
employer in the case of internal service, or to the joint service holder or
external service that is not conventionalized.
Article 110.
Fact sheet
1-Face to the result of the entrance exam, periodical or occasional, the doctor of work
must, immediately following the examination carried out, fill out a fitness sheet and
refer a copy to the company's human resources officer.
2-If the result of the health check reveals the inaptitude of the worker, the doctor of the
work must indicate, being the case, other functions that that one may perform.
3-A The aptitude fact sheet may not contain elements involving professional secrecy.
4-A fitness fact sheet must be given to the employee, and must contain the signature
with the affixing of the date of knowledge.
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5-Where the repercussion of the work and the conditions under which the same is provided if
disclose harmful to the health of the worker, the work doctor must communicate such
fact to the person responsible for the safety and health service at work and, well, if the
state of health to justify it, request your follow up by the assistant doctor of the
health centre or other doctor appointed by the worker.
6-The model of the fitness fact sheet is set by porterie of the members of the Government
responsible for the labour and health areas.
7-Constitutes serious counterordinance the violation of the provisions of paragraphs 1, 2, 3 and 4.
CHAPTER X
Supplementary, final and transitional provisions
Article 111.
Communications
1-Without prejudice to other notifications provided for in the Act, the employer shall report to the
service with inspection competence of the ministry responsible for the labour area the
fatal accidents as well as those evidencing serious physical injury, in the 24 hours a
follow the occurrence.
2-A communication provided for in the preceding paragraph shall contain the identification of the worker
crashed and the description of the facts, and shall be accompanied by information and
respects records on the times of work provided by the worker in the 30 days
which preceded the accident.
3-Constitutes serious counterordinance the violation of the provisions of the preceding paragraphs.
Article 112.
Information on the annual activity of the safety and health service at work
The employer must provide, in the frame of the information relating to the social activity of the
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company, information on the annual activity developed by the security service and the
health at work in each establishment.
Article 113.
Notifications and communications
1-The notifications and communications of the liability of the employer provided for in the
present law are effected in an electro-approved model approved by porterie of the members of the
Government responsible for the labour and health areas.
2-The competent bodies pursuant to this Law shall keep an updated
list with indication of the authorizations issued, expressed or tacitly, with
express indication of those which are found to be revoked, or suspended, advertised in the
respects electrophic pages.
Article 114.
Advertition of the list of authorizations
The competent bodies pursuant to this Law shall keep an updated list with
indication of the authorizations issued, expressed or tacitly, with express indication of the
which are found to be revoked, or suspended, advertised in the respective electro-pages.
Article 115.
Regime of counterordinations
1-The general scheme of the labour counterordinations provided for in Articles 548 to 566 of the
Code of Work applies to infractions for violation of this Law.
2-The processing of labour counterorders follows the procedural regime applicable to the
labour and social security counterordinations, approved by Law No. 107/2009, 14
of September.
Article 116.
Incidence and severity rates of accidents at work
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For the purposes of this Law, the average incidence and severity rates of accidents of
labour of the sector are those ascertained by the competent body for the production of
labour statistics of the ministry responsible for the labour area, concerning the data of the
social balance sheets referring to the last few years with available ascertainments.
Article 117.
Transitional arrangement of authorisation
1-The provisions of section iv of the vi chapter shall apply to applications for applications required
prior to the date of entry into force of this Law.
2-The entities which, on the date of the entry into force of this Law, shall meet with request
of authorization at the stage of assessment must, within 30 days, apply for the
competent body the marking of the survey provided for in Article 88 para.
3-A lack of application for survey in the terms of the preceding paragraph determines the extinction of the
process.
4-In cases provided for in paragraph 2, the time limit for granting the permit resumes the
count from the date of the application for vistory marking, being extended to
120 days.
Article 118.
Amendment of statutes
The authorized entities that find themselves to be providing safety and health activities in the
work on the external service modality, of the associative type, have a year to
count of the date of entry into force of this Law to adapt their statutes of
agreement with the provisions of paragraph a) of Article 83 (2)
Article 119.
Autonomous regions
1-Without prejudice to the own legislative powers, the competences conferred by the
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present law to the authorities and administrative services are, in the autonomous regions,
exerted by the organs and services of the respective regional administrations.
2-The product of the fines applied under this Act by the organs and services of the
regional administrations constitute own revenue from the region's respective respect.
Article 119-The
National validity
Authorisations and amendments of the authorisations for the external security service and
health at work have national validity, regardless of whether they have been decided by
competent authority seated in the Continental Territory or in the Autonomous Regions, in the
terms of Article 17 (1) of the Decree-Law No 92/2010 of July 26.
Article 120.
Abrogation standard
1-Without prejudice to the provisions of the following numbers, they are repealed:
a) The Decree-Law No 441/91 of November 14;
b) The Decree-Law No 26/94 of February 1;
c) The Decree-Law No 29/2002 of February 14;
d) The Portaria No. 1179/95 of September 26.
2-A the revocation of the Portaria No. 1179/95 of September 26, which approved the model of
notification of the modality adopted by the employer for the organization of the service of
safety and health at work, it produces effects from the entry into force of the porterie
referred to in Article 113.
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3-A repeal of the Decree-Law No. 441/91 of November 14 approving the
national framework of safety and health at work, as far as the sector is concerned
public and employees performing public duties in the services of the administration
direct, indirect, regional and local, as well as in the organs and services referred to in paragraph 3 of the
article 3 of Law No. 12-A/2008 of February 27, it produces effects from the date of
entry into force of the diploma that regulates the same matter.
Article 121.
Entry into force
This Law shall come into force on the 1. day of the month following that of its publication.