[ad_1]
Tomorrow the regulations that determine the health and safety measures that must be complied with in remote work come into force.
This, framed in the Telework Law that entered into force on April 1 and which establishes a period of three months – which expired on July 1 – for employers whose workers were already providing services at a distance or telework, They will update the contracts and internal operations of the firms to the obligations stipulated in the new regulations.
Having already completed the stage of coupling to the regulation, and in advance of the practical application of the rule, the Superintendency of Social Security (Suseso), issued a complementary official to the regulation in which the specific conditions of health and safety are established in work and that should be applied to those people who are teleworking.
What was issued today by Suseso was made available to the security mutuals, which will finally be in charge of advising and accompanying the companies in the adaptation process.
In itself, the document comes to land issues related to self-assessment instruments; the hazard identification and risk assessment matrix and preventive program; how the technical assistance will be given by the mutuals; their obligation to report occupational hazards; the training instructions and finally how the employer should implement the measures prescribed by the mutuals.
On this, the Undersecretary of Labor, Fernando Arab highlighted the importance of this legislation and stressed that “it is necessary to generate the greatest amount of certainties in relation to compliance with the law, and that is why these complementary norms are so relevant to ensure a proper understanding and thus the due protection always to the life, safety and health of the workers ”.
For the Superintendent of Social Security, what is relevant in this regulation is that “that safeguarding the health and safety conditions for workers, because even if they perform functions remotely, it is the employer’s responsibility to provide the conditions and elements to work safely without affecting people’s health”.
For the lawyer and former director of Labor, Marcelo Albornoz, there are several notable elements within these regulations. Given that although with this, “teleworkers will be more protected in terms of preventing occupational hazards”, it also opens “new legal controversies” on the degree of responsibility of employers against accidents and occupational diseases that arise with teleworking.
“An unknown horizon opens up in our labor legislation, but above all of the legal responsibility of companies,” commented the labor lawyer, who was also expectant about how it will be audited, what will be the criteria to qualify accidents at home (what determines if it was domestic or work), what role and responsibility will mutual societies have, among others. “The rules are closing but the field is opening up to interpretations of this new legislation,” he said.
