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  • Labor Law and Social Security, Legal Update

NEW TERM FOR THE OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT SYSTEM IMPLEMENTATION

  • February 15,2016
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By means of Law 152 of 2012, the Occupational Health Programs would be understood as an Occupational Health and Safety Management System (hereinafter “SG-SST”), system that seeks to ensure worker’s and the general population’s safety, preventing occupational accidents and occupational illness, by identifying dangers, assessing and evaluating risks, to establish the respective controls that must be undertaken.

Initially, companies were given a transitional term to replace the Occupation Health Program for the SG-SST (article 2.2.4.6.37 of Decree 1072 of 2015). The term for the companies to conclude the adjustment process and to embrace the new system, would be counted as from the 31st of July of 2014, as follows:

1. Eighteen (18) months for companies with less than ten (10) workers.

2. Twenty four (24) months for companies with ten (10) to two hundred (200) workers.

3. Thirty (30) months for companies with more than two hundred (200) workers.

However, according to the information presented to the Ministry of Labor’s Occupational Risk Direction by the Occupational Risks Administrators, in charge of indicating the level of development in the implementation of the SG-SST, it was proved that due to organizational and economic difficulties for the companies to embrace the new system, it would be necessary extend the terms. Therefore the Ministry of Labor extended the initial terms for all the companies until the 31st of January of 2017 (Decree 171 of 2016)..

In such manner, companies with ten (10) or more employees will count with a longer term to implement the SG-SST, which gives tranquility and more time for the employers. According to the initial terms given by the Ministry of Labor, companies with less than ten (10) workers should had implemented the new system by the 31st of January of 2015.

Finally, the Ministry of Labor reiterated that the Occupation Risk Administrators shall offer counseling and technical assistance to all the companies that are obliged to embrace the SG-SST, with the purpose that by the 31st of January of 2017, all these companies count with the mentioned system.

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