Joint Health and Safety Committee: Regulations and Operations
Supreme Decree 54: CPHS Constitution and Operation
Article 1: Every business, task, branch, or agency with more than 25 employees must organize a Joint Committee on Health and Safety (CPHS), composed of employer and employee representatives.
If a company has multiple tasks, branches, or agencies in the same or different locations, each must have its own CPHS.
Article 3: The CPHS shall consist of three employer representatives and three employee representatives. For each member, an alternate shall also be appointed.
Article 5: Employee representatives are elected by direct secret ballot. The three candidates with the most votes are elected as full members, and the next three as alternates. Ties are settled by lot.
Article 9: Employer representatives should preferably be individuals linked to the technical activities of the industry or task for which the CPHS is formed.
Article 10: To be elected as a worker representative, one must:
- Be over 18 years of age and able to read and write.
- Be currently employed by the respective entity, company, task, branch, or agency.
- Have been employed by the entity for at least one year.
- Show proof of attending an orientation course on occupational risk prevention issued by the National Health Service or other risk insurance agencies.
Article 12: Any complaint or question regarding the nomination or election of CPHS members shall be decided by the relevant Labour Inspector.
Article 14: The company must provide the necessary facilities and take the necessary steps for the proper functioning of the CPHS, organized according to these rules.
Article 16: The CPHS will meet in regular session once a month, and in special session upon joint request of a worker and company representative. The Committee must also meet whenever a workplace accident results in the death of one or more workers.
Article 17: The CPHS can operate provided that at least one employer representative and one worker representative are present.
Article 19: All agreements of the Committee shall be made by simple majority.
Article 20: CPHS members serve for two years and may be re-elected.
Article 21: Members cease to hold office if they no longer work for the company or if they miss two consecutive meetings without cause. Alternates may attend meetings when replacing the holders.
Companies not required to have a DPRP should obtain technical assistance for the operation of their CPHS from specialized agencies of the National Health Service, mutual associations of employers, or other private organizations or individuals authorized by the National Health Service as experts in risk prevention.
Article 24: The duties of the Health and Safety Committees are:
- Advise and train workers on the correct use of protective equipment.
- Monitor compliance with prevention measures by both companies and workers.
- Investigate the causes of occupational accidents and diseases.
- Determine if an accident or occupational disease was caused by gross negligence of the worker.
- Promote the adoption of all health and safety measures.
- Perform other functions assigned by the administering body.
- Promote training courses for professional development of workers in public bodies.
Article 25: The CPHS referred to in this regulation shall remain in office for the duration of the task, branch, agency, or enterprise concerned.
Article 28: The Labour Department is responsible for enforcing the rules contained in these regulations for the establishment and operation of the CPHS in companies, tasks, branches, or agencies.