Compliance for Companies: Occupational Safety and Health in Peru

Compliance for Companies: Occupational Safety and Health in Peru

What is an Occupational Safety and Health Compliance service?

The new Peruvian regulations on occupational safety and health establish a series of obligations for companies that employ workers. This must be complied with to ensure safe working conditions for employees.

Occupational safety and health management documents have become especially important as companies must ensure that they take measures to prevent the spread of COVID-19 among their employees.

In Peru, there is a law that regulates HSE regulations.

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In the internationalization processes, it is essential to have a consulting business to help the company to know keys and risks at the accounting, legal, labor and tax level in order to comply with all the obligations and avoid unpleasant surprises, due to ignorance and bad advice.

Obligations in Peru regarding OSH

Some of the most important obligations regarding occupational safety and health to be met by companies are the following:

  • Implement an occupational safety and health management system according to their organizational level, the risks of their activities and the number of employees.
  • Ensure that all members of the organization are aware of and value occupational safety and health.
  • Define an area of the company in charge of identifying and controlling the hazards of its work activity, and ensure that all workers are aware of it.
  • Establish, implement and carry out occupational safety and health management documents, with realistic and measurable objectives.
  • Let workers choose the HSE supervisor, in case of having less than 20 collaborators.
  • Develop an “Internal Occupational Safety and Health Regulation”, in the case of having 20 or more workers. This regulation must contain at least the OSH objectives and policy, the obligations of those in charge, the safety and health standards in services and operations, and the emergency protocol.
  • Make available to the area in charge of occupational safety and health, the necessary resources to comply with preventive measures.

Therefore, Peruvian companies should adopt an OSH (Occupational Safety and Health) Management System approach, in order to create safe and healthy work environments.

Why hire professionals for an occupational safety and health compliance service in Peru?

At UR Global, we offer occupational safety and health (OSH) compliance services in Peru. In order to achieve this, we have multidisciplinary professionals who will identify and evaluate the occupational risk factors in each activity developed by the company in order to design a strategy for the prevention of occupational accidents and work-related diseases. This strategy will be reflected in various documents and records required by law or by certification standards.

Surveillance, prevention and control of Covid-19

It is important to have a plan for the surveillance, prevention and control of Covid-19.

Through the Occupational Safety and Health service, companies must have a “Plan for the surveillance, prevention and control of COVID-19 at work”, which must be approved by the Occupational Safety and Health Committee or by the Occupational Safety and Health supervisor as appropriate for approval within a maximum period of 48 hours.

Likewise, it is not enough to have this plan, but the content established by Ministerial Resolution 239-2020-MINSA and the specifications established by the sector to which each company corresponds must have been prepared and contemplated.

The Ministerial Resolution 377-2020-MINSA has established that the review and “subsequent control” of the content of this Plan and its formal adjustment to the regulations that govern it will be carried out by the National Center for Occupational Health and Environmental Protection for Health (Censopas).

If this subsequent control reveals fraud or falsehood in the declaration, information or documentation submitted by the company, the automatic approval of the Plan will be declared void and a fine of between S/ 21,500.00 and S/ 43,000.00 could be imposed.

Frequently asked questions about OSH compliance services in Peru

All public and private companies, as well as employees, are included in the scope of this law and are therefore required to comply with the requirements regarding occupational safety and health in Peru.

SUNAFIL (authority that regulates and supervises compliance with the Occupational Safety and Health Regulations in Peru) supervises companies that do not comply with the provisions of such regulations and its amendments. The fines to be imposed will be determined by the seriousness of the non-compliance and the number of workers affected, as well as the size of the company, and range from 1 UIT (Tax Unit) to 52 UIT. (Value of 1 UIT in 2021 is 4,300 soles, which is equivalent to 950 euros approximately).

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