WHAT IS LOPCYMAT
The LOPCYMAT is the Law of Prevention, Conditions and Working Environment, which is a reform enacted on July 26, 2005 in the Official Gazette 38,236.
The object of this law appears in Article 1:
- Establish the institutions, standards and guidelines for safety and health.
- Regular rights and duties of workers and employers.
- Establish penalties for noncompliance with this provision.
Article 4 establishes LOPCYMAT its scope:
- Public or private companies, or not operating for profit.
- Cooperatives or other associations, community of productive or service.
- Members of the National Armed Forces in accordance with Article 328 of the Constitution of the Bolivarian Republic of Venezuela excepted.
Any organization, be it a commercial or any other kind of civil society has an obligation to comply with the established in the LOPCYMAT and Regulations. The origin of the obligation is the labor relationship exists between one or more workers with their employer.
Article 53 of the LOPCYMAT establishes the rights of workers in enterprises:
- Be informed at the beginning of its activity, the conditions under which it will develop.
- Receive theoretical and practical training in the prevention of occupational accidents and occupational diseases.
- Refusing to work to interrupt a task or activity, the imminent danger that threatens her life.
- Report unsafe or unhealthy working conditions.
- Be relocated from their jobs or the suitability of their duties for health reasons, rehabilitation or reintegration.
- To be performed periodically preventative health screenings.
Article 54 of the LOPCYMAT establishes the duties of workers in enterprises:
- Exercise the duties arising out of their contract subject to the safety and health at work.
- Properly use and maintain in good condition Personal Protective Equipment and facilities.
- Make good use and care facilities work.
- Maintain housekeeping conditions in your workplace.
- Immediately report the existence of an unsafe condition which could cause harm to health or life.
- Actively participate directly or through the election of representatives in the Committee on Occupational Safety and Health.
Article 55 of the LOPCYMAT describes the rights of employers:
- Require their workers compliance with hygiene, safety, ergonomics, prevention policies and proper use of facilities and EPP.
- Receive information and training in health, hygiene, safety, by the competent bodies.
- Suggest Committee on Occupational Safety and Health warnings to workers who fail to comply with the duties set out in Article 54 of this law.
- Exercise defense against accusations or allegations that may acarrearle sanctions under the provisions of this Act.
Article 56 of the LOPCYMAT establishes the duties of employers:
- Written notice to workers and the Committee on Occupational Safety and Health unsafe conditions.
- Develop the participation of workers, the Occupational Safety and Health Program at Work Company.
- Notify INPSASEL, mandatory, occupational diseases, accidents in the workplace provided by this Act.
- Bring an updated condition prevention, occupational safety and health record.
Organize and maintain security departments and Health at Work provided in this Act.
Article 39 of the guidelines states LOPCYMAT the Departments of Health and Safety at Work:
- Employers must organize their own or joint health and safety department at work, forming a multidisciplinary team, particularly preventive.
- The demand for these departments are governed by number of workers and a technical assessment of the conditions and company specific risks.
Transitory Provisions LOPCYMAT
- First. The monitoring and control of the safety area and health at work, and working conditions and environment of the public administration bodies with jurisdiction in the above-mentioned materials will be transferred to INPSASEL.
- Quinta. Until it is created the Treasury of Social Security under the Organic Law of Social Security System (LOSSS), employers continue to trade at the Venezuelan Institute of Social Security (IVSS) in the conditions of the Social Security Act and LOSSS, and members continue to receive benefits under the legislation
- Eighth. Until they are established standards for the development, implementation, evaluation and approval of the policy and program of safety and health at work, employers will be guided by the technical and scientific criteria universally accepted in health, hygiene, ergonomics and safety at work.