Risk Prevention Management Programs in El Salvador
The General Law on Risk Prevention in the Workplaces of El Salvador is intended to establish responsibilities that guarantee a minimum level of protection of the safety and health of workers against the risks inherent to their activity. This law is in turn the result of the approval of the Convention on Safety and Health of Workers and the Work Environment, known as the ILO Convention 155.
As of April 28, 2012, the Law was mandatory in all private or public workplaces. For this reason, no Autonomous Institution of the public sector can allege the existence of a special or preferential legal regime on this same subject. As of the date indicated, employers have been obliged to guarantee protection in terms of health and safety of workers against occupational hazards. The entity that enforces the law is the Ministry of Labor and Social Welfare, through the General Directorate of Labor Inspection and the General Directorate of Social Welfare.
One of the essential points of the law is that every employer must have an Occupational Risk Prevention Management Program, guaranteeing the effective participation of workers in its formulation and implementation. Thus, article 8 of the Law in reference, states only in a general way what the content of the Program could be. This situation gives rise to the inspectors of the General Directorate of Labor, when evaluating the implementation, to impose fines for considering that the Management Program is formulated but not properly implemented. By virtue of the foregoing, it is considered important to develop with due precision the required elements of the Management Program established in article 8 of the aforementioned law:
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- Mechanisms for periodic evaluation of the Occupational Risk Prevention Management Program: this section must define the policy, objectives, goals, evaluation methods such as audits, management indicators, including psychological and social risks in particular.
- Identification, evaluation, control and permanent monitoring of occupational risks: this section must include a map of general risks of the company, risk identification sheets for jobs, hygienic study reports, psychological and social risks must be included in particular. .
- Updated register of accidents, professional illnesses and dangerous events: within this section, the existence of an accident, dangerous events and professional illnesses record chart will be verified on a monthly basis; notification form submitted to the MTPS, accident investigation meeting, recommendations made to the employer and response to the committee, among others. All data must be sorted by sex.
- Design and implementation of your own emergency and evacuation plan: within this section it will be necessary to consider the organization for emergencies, evaluation of internal and external threats, communication and alert mechanisms, response equipment and means, response procedures, training plan for brigade members, scheduling, registration of drills and methods; Evacuation plan; Map or sketch of the company that identifies the routes, emergency exits and safe concentration points.
- Theoretical and practical training, in an inductive and permanent way for workers on their skills, techniques and specific risks of their job, as well as the general occupational risks of the company: this section must include an annual training plan, list and theme, evidence of attendance at training, diplomas, photographs.
- Establishment of the program of medical examinations and first aid care in the workplace: in order to develop this section, it will be necessary to define which examinations will be required by job, their frequency and evaluation of results.
- Establishment of complementary programs on the consumption of alcohol and drugs, prevention of sexually transmitted infections, HIV AIDS, Mental Health and reproductive health: this section requires elements such as inclusive language, awareness of sexual and workplace harassment, as well as methods of raising awareness that can be carried out through talks, articles on billboards, posters, videos, among others, of all of which a documentary or photographic record will be required.
- Planning of the activities and meetings of the Occupational Health and Safety Committee: this requirement must contain a work plan for the committee; monthly meetings, training they will receive.
- Formulation of a program for the dissemination and promotion of preventive activities in the workplace: the Instructions or prevention signs that are adopted in the company will be placed in visible places for the workers, and must be understandable. This element must be documented with the existence of safe work procedures, verification of delivery of Personal Protective Equipment, billboards; warning, mandatory and danger signage, safety manuals, among others, it is required to include prevention related to psychological and social risks.
- Formulation of preventive programs, and awareness about non-violence against women, sexual harassment and other psychological and social risks: these elements can be developed through techniques, surveys, awareness talks, among others.