Legal framework of occupational health and safety
A single workshop answers to a law of 1972, a decree of 1979, resolutions that change every few years and the inspection of its province. Finding your way means knowing at which level to look.
01The rules in order
The protection of health at work in Argentina has several levels. At the top is the Constitution: Article 14 bis guarantees dignified and equitable working conditions, and Article 75, paragraph 22, gives constitutional rank to international treaties. Below come the laws of Congress, their regulatory decrees and the resolutions of the enforcement authority. Technical standards, such as those of IRAM (Argentine Institute for Standardization and Certification) or the AEA (Argentine Electrotechnical Association) regulations, are voluntary unless a mandatory rule incorporates them. The general structure of the system was covered in the Argentine regulatory system, and labor law in labor law, in Legislation.
Laws and resolutions are amended frequently. What follows is a map to find your bearings; before applying a rule, consult its current text in InfoLEG or in the Boletín Oficial (Official Gazette).
02Law 19,587 and its regulations
Law 19,587 on Hygiene and Safety at Work, of 1972, sets out the principles: the employer must take the measures to protect the life and integrity of workers, and the worker must comply with the rules and use the protective equipment. Its regulations detail the requirements by activity:
| Rule | Scope |
|---|---|
| Decree 351/79 | General regulation: establishments, electrical installations, fire protection, contaminants, noise, lighting, occupational hygiene and safety services and occupational medicine |
| Decree 911/96 | Construction industry |
| Decree 617/97 | Agricultural activity |
| Decree 249/07 | Mining activity |
The Superintendency of Occupational Risks (SRT) updates the technical values by resolution. Some of those frequently used in electronics: 295/03, with the reference values for physical and chemical agents; 85/12 and 84/12, with the protocols for measuring noise and lighting; 900/15, on grounding measurement, and 299/11, on the supply of personal protective equipment.
03The Occupational Risks Law
Law 24,557, of 1995, organized the system of prevention and compensation. Every employer must take out cover with an occupational risk insurer (ART), which provides medical and cash benefits in the event of an accident or an occupational disease, and which also has prevention obligations: advising the employer and monitoring compliance. The SRT supervises the system.
- It covers work accidents, those that occur on the way between home and work (in itinere) and the occupational diseases on the official list.
- Law 26,773, of 2012, reorganized compensation, and Law 27,348, of 2017, established the prior step through the medical commissions.
04The provincial level
The provinces retain the police power over labor: their labor authorities inspect establishments, draw up citations and impose penalties for breaches of the hygiene and safety rules. Coordination between the Nation and the provinces was organized in the Federal Labor Pact, approved by Law 25,212. Some activities also have local rules, such as those on the licensing of establishments or on fire prevention in each municipality.
05The international level
The International Labour Organization (ILO) adopted Convention 155 on occupational safety and health, of 1981, and Convention 187 on the promotional framework, of 2006. Argentina ratified them through Law 26,693, of 2011. In 2022, the ILO incorporated a safe and healthy working environment into its fundamental principles and rights.
On the voluntary side, the ISO 45001 standard, of 2018, defines an occupational health and safety management system that companies can have certified. It does not replace the law: it presupposes it.
Situations from the professional life of an electronic engineer. When you choose one, the rules that come into play appear, and at which level. This is general guidance: the current text of each rule decides.
06In the laboratory
Find the updated text of Decree 351/79 and locate the chapter on electricity. List the requirements that apply to an electronics laboratory.
Complete the lighting measurement protocol of SRT Resolution 84/12 for a classroom-workshop, with your own measurements.
Describe the path of the report of a work accident: who files it, with whom and what benefits apply.
07Common mistakes
- Citing a resolution without checking whether it has been amended. SRT resolutions are updated frequently.
- Believing that the ART replaces the employer’s prevention. The duty to prevent remains with the employer.
- Taking an IRAM or ISO standard as mandatory in itself. It is so only if a legal rule incorporates it or a contract requires it.
- Forgetting the in itinere accident. It is also covered.
08Self-assessment
Which decree regulates Law 19,587 for industry in general?
Decree 351/79.
Who provides the benefits in the event of a work accident?
The employer’s occupational risk insurer.
Which ILO conventions on safety and health did Argentina ratify in 2011?
Nos. 155 and 187, through Law 26,693.
Who inspects compliance with the rules in an establishment?
The provincial labor authority, and the ART and the SRT within the occupational risks system.
09Further reading
- Law 19,587 and Decree 351/79. Higiene y seguridad en el trabajo (Hygiene and safety at work) (in Spanish). Updated texts in InfoLEG. The general regulation with its technical annexes.
- Law 24,557. Riesgos del trabajo (Occupational risks) (in Spanish). Updated text in InfoLEG. The system of insurers, benefits and prevention.
- International Labour Organization. Conventions 155 and 187 on occupational safety and health. NORMLEX, ILO. The international principles that Argentina has ratified.