Saúde e Segurança

Deveres do empregador

An employer has the duty to ensure the health and safety of workers in every aspect related to work. Workers have the right to health and safety in the workplace and it is the duty of the employer to provide and care for the full enjoyment of this right, in every aspect of the work. Specific regulations provide for the organization and functioning of the health and safety services.

In order to protect the health and safety of all workers, employers are obliged to take the necessary measures to: ensure the safety and health of workers; b) prevent occupational risks; c) inform and train workers about occupational risks; d) provide the necessary organization and means of safety and health, taking account of changing conditions, and to improve existing situations. It is also the responsibility of employer to do risk assessment to reduce the risk, choose appropriate work equipment, work methods and place right workers meeting the requirement of jobs. The workers must have choice of equipment, working conditions and environment.

Law places special regulatory conditions on the jobs capable of affecting the genetic characteristics of the worker and its descendants. 

Source: §15 of the Law No. 102/2009 regarding Promotion of Health and Safety at Work; §281-284 of Labour code 2009

Proteção grátis

The Occupational Safety and Health law requires use of personal protective equipment (PPE) in order to prevent workplace risks. Workers should also be consulted on the type of PPE to use. The personal protective equipment has to be used when risks cannot be avoided or sufficiently limited by technical means of collective protection or by measures, methods or procedures of work organization. It is the responsibility of employer to provide personal protective equipment and ensure its smooth functioning; provide and maintain at the workplace adequate information about each type of PPE; inform workers of the risks against which the PPE protect; and ensure training on the use of personal protective equipment. Workers are also under obligation to correctly use the PPE in accordance with the instructions and maintain the PPE in good condition.

Source: Ordinance No. 348/93 regarding personal protective equipment; Decree Law No. 988/93 on the use of personal protective equipment)

Formação

An employer has to organize the employee training in the field of health and safety at work and ensure that each worker receives sufficient and adequate safety and health training, in particular in the form of information and instructions specific to his workplace and job. The training of the workforce or health and safety at work must be ensured so that it cannot lead to the same injury.

The employee is entitled each year to a minimum of forty hours of continuing training or, if he is on permanent employment for a period of three months or more, a minimum number of hours commensurate with the duration of the contract in that year. (section 131-2)

Source: §20 of the Law No. 102/2009 regarding Promotion of Health and Safety at Work; §281-284 of Labour code 2009)

Sistema da inspeção do trabalho

The Portuguese national labour inspectorate is part of the central State administration, and is placed under the authority of the Ministry of Labour and Social Solidarity. The Authority for Working Conditions (Autoridade para as Condições do Trabalho-ACT) is a service of promoting the improvement of working conditions, prevention, control, audit and monitoring. The main functions of the inspectorate are to ensure implementation of the rules governing working conditions, health and safety, labour relations, employment and social security; provide employers, workers and their organizations with technical advice and information concerning the most appropriate means of complying with the relevant legsislation; and propose to the Government suitable measures in cases in which there is inadequate or no regulation.