The Ministry of Labor issued Resolution 312 of February 13, 2019 whereby the entity stablishes the minimum standards for the Health and Safety at Work Management System (HSWMS). This new Resolution expressly repeals the Resolution 1111 of 2017.
Resolution 312 of 2019 defines the rules, requirements and procedures that must be fulfilled to stablish, verify and control the conditions for HSWMS’s operation.
These requirements must be complied by employers, contracting parties, individuals and legal entities who are obliged to be enrolled to the General Labor Risks System. Notwithstanding the above, independent contractors who are voluntary affiliates to the General Labor Risk System are not constrained to implement the minimum standards stablished in the Resolution.
As of November 2019, the Ministry of Labor will undertake the inspection, monitoring and control and will verify the compliance of the Health and Safety at Work Management System regulations in accordance with the minimum standards set forth in Resolution 312 of 2019.
The most relevant changes of the Resolution are:
- Medical exams can be done extramurally or by tele-medicine (in case there is no medical doctor in town).
- The technicians in Health and Safety at Work will be eligible to design and implement the HSWMS of companies with less than 10 employees who work under labor risk I, II or III.
- Those who only have the virtual training of 50 hours, will be only eligible to manage the HSWMS in Companies with less than 10 employees who work under labor risk I, II, or III.
- The technologist in Health and Safety at Work will be eligible to design and implement the HSWMS of companies that have between 11 and 50 employees who work under risk I, II or III.
- Within the selection and evaluation criteria for the suppliers and independent contractors, the contracting party will be able to include criteria to identify that the supplier or contractor complies with the minimum standards stablished in the Resolution for companies between 11 and 50 employees.
- For the design and implementation of the HSWMS of companies with more than 50 employees, it will be necessary to hire a professional in Health and Safety at Work and with postgraduate studies in Health and Safety at Work, who also has done the virtual capacitation course of 50 hours of SENA.
- The Resolution creates the minimum standards for Farming Production Units with 10 or less employees.