GENERAL LAW ON PREVENTION OF WORKPLACE RISKS IN EL SALVADOR

The General Law on Prevention of Workplace Risks was approved by the Salvadoran Congress and published in the Official Gazzette on May 5, 2010.

This new regulation establishes several requirements for occupational health and safety to be applied in workplaces in order to establish the basic framework of guarantees and responsibilities to ensure an adequate level of protection to workers.

Every employer has a specific term to comply with all requirements under this new law, which has a preventive nature and applies to all workplaces, whether private or public.

The competent authority of ensuring the compliance of the Law is the Ministry of Labor.

This law contains 90 articles which establish the obligation for companies to have a “Prevention of occupational hazards Management Program” or alternative measures previously established by the Ministry of Labor. The program should be periodically assessed, updated each year and shall be binding on those companies where workers are less than fifteen. Through this program the employer must keep a record of accidents, occupational diseases and dangerous occurrences and design an Emergency evacuation plan.

This law also establishes the obligation to create “Health and Safety Committees” on those companies that employs fifteen or more workers or which in the opinion of the General Directorate of Social Welfare, deems it necessary according to the kind of work performed.

All employers are required to notify the General Directorate of Social Welfare Changes or modifications to equipment or facilities at the workplace.

The new law establishes sanctions to the workers and employers breach of duty.

Lexincorp Central America, throughout the Region, provides legal consultancy in labour matters. Our labour department can advise on the issue described above as in any other labour aspect. For any consultation or requirement of more information regarding the new General Law on Prevention of Workplace Risks, do not hesitate to contact us.