“Occupational health and safety is an indisputable right of workers; consequently, the OHS committee established by Law 29783 plays an important role in preventing accidents and occupational diseases”
Procedure for electing representatives to the Occupational Health and Safety Committee
This standard applies to all economic and service sectors nationwide, except those subject to the “Guide for the election process of worker representatives to the occupational health and safety subcommittee on construction sites” or other similar documents under sector-specific occupational health and safety regulations. It complements Law No. 29783, the Occupational Health and Safety Law, and its Regulations, approved by Supreme Decree No. 005-2012-TR.
How many workers must an employer have to be required to set up an Occupational Health and Safety Committee, and how many members does it have?
- To be required to have a CSST, the organization must have more than 20 workers on its payroll.
- The CSST will have a minimum of 4 and a maximum of 12 members. The employer must inform workers of the number of members the CSST will have through a mass communication channel (e.g. corporate email, intranet, notice boards, among others).
Who is responsible for calling the election?
If there is a majority union, it calls the election transparently and with the widest possible publicity. If there is no majority union, the employer’s most representative union calls it.
Exceptionally, the employer is responsible for organizing the electoral process in the following cases:
- When there is no union organization.
- When the union representing the majority of workers fails to call elections within 30 calendar days of receiving the employer’s request, or fails to follow the schedule without resuming it within a maximum of 5 business days.
Which bodies are responsible for the electoral process?
- Electoral Board (JE): Is in charge of the electoral process until the elected members are proclaimed. Whoever called the election appoints the members of the Board.
- Representative (personero): A worker appointed by the union or by the lists or candidates running for election.
How is voting carried out?
The election of the workers’ full and alternate representatives to the CSST may be held in person, remotely or in a hybrid format, by secret and direct ballot. The employer must guarantee worker participation and the transparency of any election process carried out by electronic means.
Can the electoral process be outsourced?
Without prejudice to the leadership and responsibility assigned by law, the employer may sign service contracts with third parties, governed by the Civil Code, to carry out the electoral process. The contractor that provides services, support or digital tools to carry out all or part of the election process must coordinate all its interventions with the Electoral Board.
How is the chair of the Occupational Health and Safety Committee elected?
- By consensus among the members of the CSST.
- If no consensus on the chair is reached after 2 meetings, the appointment is decided by drawing lots, and the other party automatically takes on the role of secretary.
When must the Occupational Health and Safety Committee be reconstituted?
When 50% of the workers’ representatives, including full members and alternates, end their employment or fall under a cause for vacancy, provided that the remaining term of the workers’ representatives on the CSST is 6 months or more.
Subcommittees and Supervisor
- When the employer has several workplaces, it may have a Subcommittee or a Supervisor at each one.
- They are elected following the same procedure as for the CSST, and may be elected together with the CSST or separately.
- Members of the OHS Subcommittee or the OHS Supervisor are not necessarily members of the CSST.