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[Puerto Rico Plan Website]
The Puerto Rico Occupational Safety and Health Administration (PR OSHA), initiated operations in 1978, after the enactment of Act No. 16 of August 5, 1975, the Occupational Safety and Health Act of Puerto Rico, as amended by Act No. 116 of June 24, 1977; Act No. 32 of July 26, 1991; and Act No. 281 of December 19, 2002. It is similar in most respect to the Federal Act. The purpose of the Act is to guarantee safe and healthful working conditions for all employees in Puerto Rico authorizing the Secretary of Labor to prescribe and enforce safety and health standards, rules and regulations developed or adopted; by assisting and encouraging employers and employees in their efforts to guarantee safe and healthful working conditions; by providing for scientific research, information, education and training and the development of statistic in the field of occupational safety and health. In addition, the Puerto Rico Act requires that a Spanish language version of OSHA standards shall be filed with the Department of State no later than two (2) years after the original filing date. All Citation and Notification of Penalty is issued to the employer in both languages, English and Spanish. Jurisdiction The Puerto Rico State Plan applies to all public and private sector employers in the State, with the exception of federal agencies, maritime employers such as shipyards, marine terminals, and longshoring; military facilities; and the U.S. Postal Service. See 29 CFR 1952.382. Regulations and Standards States must set job safety and health standards that are "at least as effective” as federal OSHA standards. States may promulgate standards that are more stringent than the comparable federal standards or promulgate standards covering hazards not addressed by federal standards. The PR OSHA Program has adopted identically all Federal OSHA standards and regulations applicable to public and private sector employment, with minor revisions to the Recordkeeping Rule. In addition, PR OSHA has enacted a regulation to address workplace violence situations, specifically implementing procedures for handling incidents of domestic violence in the workplace. All standards and regulations adopted by PR OSHA, including Recordkeeping Rule and the proposed "Protocol for Handling Domestic Violence in the Workplace" can be obtained by calling (787) 754-2172. Enforcement Programs The Bureau of Inspection, with its Central Office in Hato Rey, is responsible for maintaining an effective enforcement program in the Commonwealth. PR OSHA has maintained the Field Operations Manual (FOM) which provides policy and procedural guidance for its enforcement program. PR OSHA has Safety and Health Specialists in six (6) Area Offices to conduct inspections at private and public sector workplaces. Following are the Area Director and address for each area office:
PR OSHA, as part of their Strategic Plan, has implemented Local Emphasis Programs focusing on the following industries:
This Division of Voluntary Programs, located in the Central Office in Hato Rey, has as main purpose to assist the employers in identifying and correcting safety and health hazards in the workplaces and encourage the employers in establishing and maintaining effective safety and health programs for providing safe and healthful places of employment for their employees. Because consultation services are voluntary, an employer must request the service and agree to certain obligations, the principal one being that employer agrees to correct all safety and health hazards found during the consultation visit within an agreed-upon time frame. The principal assistance will be provided at the employer's worksite, but off-site assistance may also be provided by telephone and at our Office. Also, the Division has two major voluntary recognition programs in place:
Policies and Procedures Explanation of Puerto Rico's policies and procedures can be found by contacting the Central Office at (787) 754-2172. Informal Conferences and Appeals The Puerto Rico Act provides employers the right of administrative review of citations, abatement requirements, and proposed penalties, and employee review of abatement dates, by a hearing examiner appointed by the Puerto Rico Secretary of Labor. The decision by the Secretary may be appealed by the employer or employees to the civil courts. The plan contains a statement of support by the Governor and an opinion by the Secretary of Justice that the Act is consistent with the State's Law and Constitution. Federal procedural regulations will be incorporated into the Commonwealth's regulations and the Federal Compliance Manual will be adopted to fit Puerto Rico's Law. Other Resources PR OSHA's Publications and Posters and other Compliance Assistance documents, including Standards in Spanish Disclaimer OSHA makes every effort to ensure that the information on this page is accurate and up to date, but changes in state law and procedures affecting the information on this page are beyond OSHA's control. Contact state program staff directly to verify important information. |
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