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Marco Legal Para La Investigacion De Accidentes De Trabajo

The National Institute for Occupational Safety and Health (INSHT) considers that it is impossible to investigate all accidents and that the investigation of such accidents should therefore be concentrated according to the following criteria: World Health Assembly resolution WHA60.26 entitled “Occupational health: Global Plan of Action” urges Member States to make every effort to: In order to ensure comprehensive coverage of all workers, including those in the informal sector, small and medium-sized enterprises, agricultural workers, migrant workers and contract workers, this guarantee is provided through basic interventions and basic occupational health services for the prevention of primary diseases and occupational accidents. WHO strategies to improve health care for workers include: Training in the investigation of the causes of occupational accidents fosters a culture of prevention: it eliminates the concept of “dangerous action” as the dominant cause of accidents. Decree 1530 of 1996: defines an accident at work and an occupational disease with the death of the employee. Development of roadmaps for workers` access to interventions and services for the prevention and control of work-related occupational diseases. The ILO (International Labour Organization) believes that accidents should be investigated which: The government has also decided to standardize the time limit for all companies in the country, regardless of their size. On the one hand, this means that a lot of information and many opportunities for implementing preventive measures are lost. On the other hand, a legal obligation established for the employer is violated, both in the event of accidents and incidents. This trade violation is a serious violation. c) Thirty (30) months for businesses with two hundred (201) or more employees. What accidents need to be investigated? The accident investigation serves as a guideline for preventive measures. Regulates the investigation of occupational accidents and accidents. This latest decree puts a total spin on occupational health and safety in the country, as it implements the Occupational Health and Safety Management System (OHS-SG), formerly known as the Occupational Health and Safety Program.

It must be implemented in all companies, whether they are those recruiting staff to provide services (civil, commercial or administrative), temporary employment agencies, social economy organisations and the cooperative sector. The new occupational safety and health of the ILI should become the guiding principle of a policy that will be monitored and continuously improved, as mentioned by the Ministry of Labour. a) Eighteen (18) months for companies with less than ten (10) employees. OHSAS 18001 enables organizations to manage operational risk and improve performance. The standard provides guidance on health and safety assessment and how to manage these aspects of your business more effectively, taking into account accident prevention, risk reduction and the well-being of your employees. In this way, the Ministry of Labour provides organizations with reasonable timelines to comply with the implementation of OHS-IMS. In order to make the transition less traumatic for employers, occupational risk managers (ARLs) are empowered to advise affiliated companies, provide technical assistance and submit semi-annual progress reports to the ministry`s territorial branches. For public and private enterprises, committees for the coexistence of workers are set up and other regulations are dictated. It regulates the procedure, conditions for granting and renewing occupational health licences and other provisions.

The INSHT concludes with the argument that the organization of the company is ideal, that all accidents are investigated. Whereas it is desirable that a Safety and Health Committee, as a joint and collegiate body in which decisions on safety and health at work are to be taken, should lay down the criteria applicable to accidents and incidents to be investigated and the degree of depth of the investigation; Working with SGS to audit and accredit your health and safety certification promotes a safe and healthy working environment. It also improves employee safety and the quality of their work environment, while demonstrating compliance with applicable legal requirements. The objectives of an accident investigation are twofold: in principle, all accidents should be investigated, as this is a firm legal obligation for the employer. However, it makes little sense to bureaucratize prevention and examine everything with absolutely the same intensity (s. 16.3, C.P.R.L.). Are there criteria for selecting accidents or incidents for investigation? Amendment of the regulation on protection against falls from a height. How can the safety and health of workers be improved by identifying mistakes that have occurred or are likely to be made and determining the measures to be taken to remedy the problems? This is defined in the applicable regulations and aligned with organizational principles. (Map) The purpose of the investigation of accidents at work is to discover all the factors involved in the occurrence of so-called “accidents”, to look for causes and not to be guilty.

The objective of research should be to neutralize the risk from its source or origin and to prevent its consequences from being considered inevitable.