On September 29, 2025, Executive Decree No. 45166-MTSS was published in Item No. 124 of Official Gazette No. 181. This decree establishes the Regulation on Occupational Health Committees and Departments, repealing Executive Decree No. 39408-MTSS of November 23, 2015.
The purpose of this Regulation is to set the minimum requirements for the creation, organization, and operation of Occupational Health Committees in workplaces with ten or more employees, and Occupational Health Departments in those with over fifty permanent employees. Its application is mandatory for all workplaces—public and private—and all individual or collective agreements must comply with its provisions.
Some of the main obligations imposed on employers include: the digital registration requirement with the Occupational Health Council and the use of an official email address as a valid channel for notifications; the establishment and registration of Committees through guaranteed election processes conducted during working hours; and the creation of Departments, which must be registered within 30 calendar days.
The Regulation also establishes the employer’s obligation to provide resources, annual training, and paid time for participation in the activities of these bodies, and it introduces a disciplinary framework in accordance with the Labor Code. In addition, it includes a transitional provision granting a 30-business-day period to regularize the registration of Departments created before 2016.
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