Decree No. The labour law is applied following the territorial principle and without distinction between Dominicans and foreigners with exception of the provisions set in International Agreements. Principio IV. Principio III.

Author:Nikojinn Moogugar
Language:English (Spanish)
Published (Last):2 July 2010
PDF File Size:6.56 Mb
ePub File Size:14.62 Mb
Price:Free* [*Free Regsitration Required]

Decree No. The labour law is applied following the territorial principle and without distinction between Dominicans and foreigners with exception of the provisions set in International Agreements.

Principio IV. Principio III. Within the Ministry of Labour, the Occupational Safety and Health Directorate aims to prevent and control the occupational accidents and diseases.

Carry out risk assessments and measurements to test the toxicity of substances, work methods or equipment used in production processes. Investigate the causes occupational accidents, occupational diseases and impact of risk factors on the health of workers. Promote and develop research programs on methods and techniques OSH. Verify compliance with health and safety regulations. Develop guidelines and instructions on occupational hazards as tools for planning prevention policies in the workplace.

Advise companies on request, in relation to existing legislation concerning OSH. Promote and monitor the creation of OSH Committees or the appointment of a OSH coordinator in those companies where the establishment of a committee is not required due to the number of workers. Promote, educate and train on the prevention of occupational hazards and their effects on health. The Occupational Safety and Health Directorate certify companies that meet the content of this Regulation, its annexes and supplementary resolutions.

To this end, they will establish the necessary coordination within the protection and prevention of occupational risks and provision of information about them to their workers. The owner or the lessee of the workplace must take the necessary measures so that the other employers or contractors that work in its workplace receive adequate information and instructions regarding the risks involved in it and appropriate measures on protection and prevention, as well as on emergency measures necessary to transport their workers.

Medical examinations shall be performed on a yearly basis. The number of sinks, toilets and showers is specified and depend on the volume of the workforce.

Sanitary facilities are required to be maintained in a clean and satisfactory operation. All employers are required to have OSH programs and to submit them to the Ministry of Labour for approval, who can require any changes it deems appropriate. These programs must be updated every three years. The elements of OSH programmes are established in the Law. Personal communications 3.

Recruitment and placement 4. Health control 5. Purchasing controls 6. Engineering controls 7. Professional training 8. Training on administration 9. Personal protective equipment Planned inspections Leadership and management Observations on tasks Preparation for emergencies Procedures and task analysis General promotion Rules of the organization Group meetings Outside work safety Program evaluation system.

Avoid risks at their source. Plan the prevention in a coherent manner integrating technology, organization of work, working conditions, social relationships and the influence of environmental factors at work. Control the risks which cannot be avoided technically. Adapt the work to the person, especially with regard to the tasks that the position involves, as well as the choice of equipment and methods of work and production, with the aim of mitigating the monotonous, repetitive work and reducing the negative effects on health.

Take into account technological developments with regard to prevention. Replace risk elements by elements that involves minimal risk or no risk at all for the worker. Adopt measures that give the preference to collective protection rather than to the individual protection. Giving appropriate instructions to workers with regard to prevention. Provide to the employee the appropriate personal protective equipment free of charge.

Adopt the preventive measures as appropriate for different branches of economic activity and different types of work Take the necessary steps with regard to working hours and rest periods in order to avoid causing harm to the safety and health of workers, as well as take reasonable and practicable steps in order to eliminate all excessive physical or mental fatigue. The employer will guarantee workers the periodic monitoring of their state of health, based on the inherent risks involved in the work.

This regularity will never exceed the year. Medical examinations and any health monitoring activity must be carried out by doctors who are qualified specialists or masters in occupational health, or are under the supervision of such.

The employer is required to develop a written occupational safety and health policy, which must be distributed within the company, with the goal of making it known to all workers. The employer has the duty to guarantee that workers have the information provided by the manufacturers, importers and suppliers so that the use and manipulation of machinery, equipment, products, raw materials and work instruments take place without risks for the safety and the health of workers.

In compliance with the duty of protection, the employer is required to ensure that each worker receives information and training about hazards in their workplace and corrective measures applied to eliminate or control them. Worker's training has to be in accordance with the work position and the general preventive measures. The employer is required to train on prevention issues all members of the OSH Committee.

The employer has to maintain a register with the trainings in occupational safety and health received by every worker. The employer must take the measures to inform workers about the national legislation on the protection with regard to machinery and to indicate them the hazards involved in the use of machinery and the precautions to be taken. This involvement includes consultation on risk assessment and consequent planning and organization of preventive action, as well as access to documentation.

It is the obligation of workers to comply with the preventive and hygienic measures regarding the safety and health of themselves, their colleagues and workplace, which are required by law and competent authorities and indicated by the employer. This right includes consultations on risk assessment and subsequent planning and organization of preventive action, as well as access to related documentation.

This situation will be reported by the employee to the Ministry of Labour in order to conduct relevant investigations with regard to the suspension of the work activity decided by the worker.

The right of workers to remove themselves from a situation where there is an imminent or serious danger to their life or health is set out in the Law as a right of workers as well as an obligation of employers. In case of danger, employers have to take action and give the necessary instructions to enable workers to stop work and, if necessary, immediately leave the workplace.

In these cases, employers cannot require workers to resume their activity, while the danger persists, unless otherwise justified for safety reasons and limited to persons who are responsible to control this risk. Workers or their representatives may not be prejudiced due to the adoption of any of these measures. The employer representatives are appointed by the company management. Those with less then 15 workers are required to appoint a person to deal with OSH issues. Promote safety and health in the workplace.

Participate in the monitoring of the workplace conditions, official inspections, accident investigations, and in programs addressing the workers' health. Promote and provide training on safety and health at work. Facilitate the agreements that ensure the establishment and promotion of the occupational safety and health policy.

Inform the employer of all hazards in the workplace that may affect the safety and health of workers. Promptly respond and resolve claims on occupational safety and health received from workers. Foster and monitor compliance of the provisions on occupational safety and health in the company. Participate in the planning of all proposals related to working conditions which affect the safety and health of workers.

Report on the measures planned or implemented in the workplace related to the preservation and promotion of occupational health and safety.

Manufacturers, importers and suppliers should provide employers, and they collect from those, the information necessary for the use and handling of machinery, equipment, products, materials and equipment which have been produced without safety and health risks for workers and employers, in order to fulfil their reporting obligations towards the workers.

Instructions on the risks should be in Spanish and providing prevention symbols. To this end, they must give the certified information indicating the type of risk to which they are addressed, the level of protection against it and the correct use and maintenance.

Protective equipment supplied must be certified by international organizations for such purposes or guaranteed by an institution authorized by Dominican law for such purposes. A detailed list of forbidden works for minors under the age of eighteen is provided by Resolution No. The employment of children under fourteen is forbidden. However, in the interests of art, science or education, the Secretary of Labour, may authorize children under fourteen to participate in public performances, radio, television or movies film as actors or extras.

The persons under sixteen cannot work at night for a period of twelve consecutive hours, minors under the age of sixteen performing work in family businesses where only the parents and their children work. The working day of minors under the age of sixteen cannot exceed, in any circumstances, six hours per day. The employer cannot employ minors under the age of eighteen in street trade without prior permission of the Department of Labour or the local authority exercising its functions.

Minors under the age of sixteen cannot be employed in the distribution or delivery of goods or messages services. Minors under the age of sixteen cannot be employed in the sale of alcoholic beverages. The cessation of activities will be communicated on the same day to the Department of Labour, which will request to the Directorate General of Safety and Health at Work a technical evaluation of the safety and health conditions, so that it can issue recommendations based on it.

In case of relapse the amount of the fine will be increased in fifty per cent of its value. If recklessness or carelessness caused only harm or injury, the imprisonment will be from six days to two months, and the fine from ten 0. In this case when involuntary harm or injury only cause illness or disability for work lasting less than ten days, or do not cause any disease or disability, the penalties set out in this article will be reduced to the half, and enforced by the Justices of the Peace.

Fines fixed in the Criminal Law whose value is less than one third part of the minimum wage in the public sector, hereinafter will rise to that amount. ILO is a specialized agency of the United Nations. No data available.


Dominican Republic - 2013

ILO is a specialized agency of the United Nations. Ley No. Decree regulating the application of the Labour Code, Decree No. Labour Code, Law No.


Dominican Republic - Maternity protection - 2011


Related Articles