Consortium Legal Guatemala
Last Wednesday, February 27, the conference “What to do in a Labor Inspection -SYSO-” was held, in which Dr. Mynor Mejía, Chief of the Accident Prevention and Safety and Hygiene Section of the Guatemalan Social Security Institute -IGSS-, participated. Mr. Julio Velázquez, General Inspector of the Ministry of Labor and Social Welfare -MINTRAB- and the expert lawyers in the matter Marycarmen Rosal, Otto Rogelio Díaz and Cristina Sandoval, in which the importance of compliance with the occupational health and safety standards -SSO- contained in national and international regulations, specifically Governmental Agreement 229-2014 and its amendments, while all employers, intermediaries, suppliers, contractors or subcontractors and third-party companies are obliged to adopt and implement in practice in the workplace, the SSO measures to protect the life, health and integrity of its workers.
The inspection process on OHS in the companies was reviewed through the inspectors of the MINTRAB or the IGSS, who are obliged to identify themselves and explain the reason for the diligence, as well as the obligation of employers and employer representatives to allow such inspections in the work centers. Likewise, it was clarified that within the aforementioned inspections, which are mostly carried out due to complaints from workers, in addition to reviewing the due compliance of companies in SSO regulations, they also check compliance by workers, who, incidentally, are subject to to the imposition of an economic fine for non-compliance.
Among the main topics addressed in the conference, are highlighted:The sanctioning faculty of MINTRAB inspectors when identifying a breach of SSO regulations in work centers, as well as the faculty of MINTRAB and IGSS inspectors to suspend all or some of the premises of a certain workplace and to prohibit the use of certain machines in case of serious danger to the life of workers until the necessary safety measures are taken. Among the main non-observances were mentioned: occupational health and safety plan, occupational health and safety monitor, bipartite SSO committee, among others;
That in an SSO inspection the employer can request the accompaniment of the technicians of the occupational health and safety department of MINTRAB;The importance of notifying the legal warning about accidents in the work centers established in the Ministerial Agreement 191-2010, since they are necessary for statistical reports and for the execution of national policies);
Training of monitors through the Section of Hygiene and Safety and Prevention of Accidents of the IGSS, among others.It was highlighted that the non-compliance with the SSO regulations, in addition to provoking legal sanctions, causes work accidents or occupational diseases that negatively impact the integrity of the worker, their families, the productivity of the companies and the economic development of the country. .
This account promotes training, events or workshops where the aim is to socialize the regulations in such a way that the ultimate goal is met, which is the protection of life, health and integrity of workers.