Legal Alert - Procedure to elect Occupational Safety and Health Commitee

Scope of Application 

All economic and service sectors nationwide, including employers and employees subject to the Occupational Safety and Health Law (Law No. 29783), its regulations and amending provisions, except for those subject to special regimes (e.g., construction sector). 

How many employees does an employer must have to be required to have an OSHC and how many employees does such committee have? 

• To have an OSHC, the entity must have more than 20 employees on its payroll. 

• The OSHC must have at least 4 members at a maximum of 12 members. The employer is required to communicate the required number of OSHC members to employees, through a means of massive communication (e.g., corporate email, intranet, panels, etc.). 

How can employees run to be OSHC members at the election? 

They can run independently or through an electoral list.  

Who is in charge of calling the election? 

The largest or most representative labor union will be in charge of calling new elections, unless any of the following events occur, which will entitle the employer to call the election: 

• If there are no labor unions. 

• If labor unions fail to opportunely call the election. 

• If the labor unions do not comply with the election schedule.  

Who are the bodies responsible for the electoral process?  

• Electoral Board: Body in charge of the electoral process until the elected members are announced. The body which called the election will appoint the members of the Board. 

• Poll watcher:  Employee appointed by the labor union, the electoral lists, or the candidates. 

How are the votes cast?    

• In person or online. 

• The electoral process may be entirely or partially subcontracted. 

• Tied elections will be resolved by draw in the presence of the candidates. 

How is the President of the OSHC elected?  

• By consensus among the members of the OSHC.  

• If in two election calls, there is no consensus to elect a president, such appointment will be decided by draw and the other part will automatically act as secretary. 

When must the OSHC be recomposed? 

When 50% of the employees’ representatives, including permanent and substitute members, cease their employment relationship or face a cause for removal, provided that the remaining term of the employees’ representatives on the OSHC is equivalent or greater than 6 months.   

Subcommittees and Supervisor 

• When an employer has several workplaces,  

• To elect them, it will be necessary to follow the same procedure as to elect the OSHC and these may be elected together with the OSHC or separately.

• The members of the Subcommittee or the OSHS must not necessarily be members of the OSHC.

• it will be possible to have a Subcommittee or a Supervisor at each workplace.