DS 54: Joint Hygiene and Safety Committee Regulations

DS 54: Regulations for Joint Committees on Hygiene and Safety

Scope and Mandatory Establishment

• Mandatory Establishment: Required in any business, labor branch, or agency employing more than 25 people.
• Composition: Must be composed of representatives of employers and staff (workers).
• Authority: The committee's decisions are binding for the company.

Multiple Committees for Different Work Areas

There must be a separate committee for each distinct work area or functional unit that employs more than 25 people.

Dispute Resolution

The Labor Inspectorate resolves disputes concerning the committee's operation or decisions.

Permanent Committee Option

A permanent joint committee may be established for the entire company.

Committee Composition and Election

Composition Structure

• The committee consists of representatives from both employers and workers.
• Representation: 3 members and 3 alternates from the employer side, and 3 members and 3 alternates from the worker side (Total 6 members and 6 alternates).

Election Process

• Method: Representatives are elected by direct secret ballot.
• Chairmanship: The committee is chaired by the President of the Joint Committee on Hygiene and Safety (CPHyS).

Voting Procedures

• Voter Eligibility: All workers are eligible to vote. If a worker is employed in more than one functional unit, they may vote in the election for each respective committee.
• Election Timing: Elections must be held at least 5 days before the expiration of the term of the committee currently in office.
• Ballot Format: Voting is written, listing as many names as there are positions to be filled.
• Results: Candidates receiving the majority of votes secure the posts first.
• Tie Resolution: Ties are settled by drawing lots.
• Employer Preference: Among employer representatives, preference is given to those from the company's technical area.

Eligibility Requirements for Representatives

• Must be over 18 years of age.
• Must be able to read and write.
• Must be currently working in the respective company.
• Must have been employed by the company for more than 1 year.

Waiver of Requirements

If 50% or more of the workers do not meet these requirements, the requirements are not applicable.

Additional Qualifications

Candidates must provide proof of having participated in a training course on health and safety or having served in a prevention department or similar role.

Minutes and Documentation

Minutes Requirements

• Minutes must be prepared in triplicate.
• Must be signed by the President and the designated officials.
• Must record:
  • The total number of voters.
  • The positions to be elected.
  • The names of those receiving votes, listed in descending order.

Distribution of Copies

Copies of the minutes must be distributed to:

• The Labor Directorate (Work Address).
• The Enterprise (Company).
• The CPHyS (Joint Committee).

Role of the Risk Prevention Professional (PRP)

• The PRP participates in the committee in their own right.
• They serve as an advisor but do not have the right to vote.
• The PRP may delegate their advisory role if necessary.

Committee Meetings

• Regular Frequency: Meetings must be held at least once a month.
• Special Meetings: Meetings must be called immediately following any accident or death that, in the opinion of the President, could result in a decrease of 40% or more of the affected worker's earning capacity.
• Time Allocation: The time spent in each meeting is considered time worked, whether the meeting occurs during or outside regular working hours.
• Record Keeping: Minutes must be kept for every meeting.

Quorum and Attendance

A meeting can proceed with the attendance of at least 1 representative per side (employer and worker). Representatives who are absent may submit their votes via proxy to the attending representative on their respective side.

Internal Regulations and Term Limits

Internal Organization

• A President and a Secretary are named. If there is no agreement on appointments, positions are determined by drawing lots.
• Decisions and agreements are reached by simple majority.
• If the committee cannot resolve an issue, the administering agency provides counsel.

Term of Office and Cessation

• Representatives serve for 2 years in office and may be reappointed.
• A representative ceases to belong to the committee if they leave the company or miss 2 meetings without justification.
• Alternates assume the role of starters (members) when a starter ceases to belong.

Company Obligations

The company must provide the committee with all information requested by its members necessary for the fulfillment of their duties.