“The employer must ensure that this committee is set up and operates effectively. It must also recognize the workers’ representatives and facilitate their participation.”
What is the Occupational Health and Safety Committee?
The Occupational Health and Safety Committee is a bipartite, joint body made up of representatives of the employer and of the workers, with the powers and obligations set out in the Occupational Health and Safety Law. Its purpose is to promote health and safety at work, and to advise on and monitor compliance with the Internal Occupational Health and Safety Regulations, supporting workers’ well-being and the employer’s development.
Who is required to set up an OHS committee?
Every organization within the scope of Law 29783 is required to set up and maintain an Occupational Health and Safety Committee. This covers all employers and workers under the private-sector labor regime throughout the country, public-sector workers and officials, members of the Armed Forces and the National Police of Peru, and self-employed workers.
Which legal standards promote the implementation of the Occupational Health and Safety Committee?
- Law 29783: Occupational Health and Safety Law
- Supreme Decree 005-2012-TR and its amendments: Regulations of the Occupational Health and Safety Law.
- Ministerial Resolution 245-2021-TR: Procedure for electing worker representatives to the OHS committee.
Who can be a member of the CSST?
To be a member of the CSST, a person must:
- Be an employee of the employer.
- Be at least 18 years old.
- Preferably, have training in occupational health and safety or work in positions that provide knowledge of or information about occupational risks.
How many members must the CSST have?
The CSST will have a minimum of four (4) and a maximum of twelve (12) members. If the employer and workers do not reach an agreement, the number of members will be no fewer than six (6) in public institutions with more than one hundred (100) workers, adding at least 2 for every 100 additional workers.
How is the CSST structured?
- The Chair, who is elected by the Committee itself from among the representatives.
- The Secretary, who is the head of the Occupational Health and Safety Services or one of the Committee members chosen by consensus.
- The members, who are the other appointed members of the Committee.
The Chair is responsible for calling, chairing and leading the meetings of the Occupational Health and Safety Committee, as well as facilitating the application and enforcement of its agreements, and represents the committee before the employer.
The Secretary is responsible for the administrative work of the Occupational Health and Safety Committee.
The members, among other functions, put forward their own initiatives or those of staff to be discussed at meetings, and are responsible for promoting and enforcing the provisions or agreements adopted by the CSST.
How long is the members’ term of office?
The term of the workers’ representatives or of the OHS Supervisor lasts a minimum of one (1) year and a maximum of two (2). The employer’s representatives serve for the term determined by the organization.
Within what timeframe must the OHS Committee be installed, and who must install it?
The CSST must be installed within ten (10) business days of the end of the election of the workers’ representatives. The head of the organization or their representative must install the CSST. This act and all CSST meetings, agreements or events must be recorded in a Minutes Book used exclusively for this purpose.