Panel 2 – Expanding and strengthening occupational risk prevention and control schemes

Experiences of preventing and controlling risks of occupational accidents and diseases; and

information systems

Dr. Juan Horacio González GaviolaSuperintendent of Occupational RiskCuzco, Peru • October 21 and 22, 2008

III HEMISPHERIC WORKSHOP ON OCCUPATIONAL HEALTH AND SAFETY

National Occupational Health and Safety System

• Argentine Republic: Federal organization

• The national government (Ministry of Labor, Employment, and Social Security - MTEySS - and the Superintendency of Occupational Risk - SRT), together with the provincial governments, comprise the Comprehensive Labor Inspection and Social Security System (SIDITySS). Law 25.877.

• Labor inspection is carried out under the shared jurisdiction of the provincial governments and the national government.

• Failure to comply with Workplace Health and Safety norms generates: – Disciplinary procedures under provincial or national jurisdiction.– Imposition of sanctions: uniform system established in the Federal

Labor Agreement (Law 25.212 – Annex II).

• SRT/province agreements: Building inspection capacity (50% increase in the size of the health and safety inspector team (currently 156).

Data on Argentina

2002 2003 2004 2005 2006 2007

Total notified OA/PD 287,643 350,191 421,016 486,564 538,402 555,585

Total OA/PD-related deaths 418 445 523 530 605 586

Incidence of OA/PD 51.7 61.0 67.8 69.4 67.9 65.9

Incidence of OA/PD in deaths 93.5 94.3 97.7 883 90.6 80.8

Average length of OA/PD-related sick leave 21.0 20.9 21.8 22.4 25.1 24.5

Annual average workers covered 4,489,803 4,716,556 5,355,265 6,000,749 6,676,918 7,248,484

Annual average employees insured 425,290 451,017 506,493 564,244 631,719 687,516

Agreed premium as a % of payroll 1.8% 2.0% 2.1% 2.3% 2.6% 2.6%

Percentage of global rate, incidence as a percentage of total deaths, average length of sick leave, and agreed premium as a % of payroll. 1997-2007.

77.4 72.9 76.7 77.569.0

62.472.7

80.2 76.7 80.7 81.6

220.9 223.4

204.7

185.9

159.0152.1 152.2 150.1

142.8149.1

131.5

13.721.5 20.3 20.4 20.5 22.9 22.6 23.9 24.6 27.4 26.6

1.4% 1.4% 1.5% 1.4%

2.6%2.6%

2.3%

2.1%

0.0

50.0

100.0

150.0

200.0

250.0

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007**

0.0%

0.5%

1.0%

1.5%

2.0%

2.5%

3.0%

Global incidence Global incidence of deaths Average length of sick leave Agreed premium as a % of payroll

Percentage of the EAP and of the Employed Covered by the Workers' Compensation System (LRT). 1997-2007

(Estimates for the urban population, based on MTESS data)

32.2%

36.9% 36.5% 36.2%35.5%

31.8%31.1%

34.7%

38.7%

42.1%

45.3%

38.2%

42.4% 42.5% 42.6% 42.4%

39.4%

37.4%

40.0%

43.5%

46.6%

50.0%

20.0%

25.0%

30.0%

35.0%

40.0%

45.0%

50.0%

55.0%

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

% employed covered by LRT

% EAP covered by LRT

•Regulatory action: o Occupational Health and Safety: Law 19.587o Occupational risks: Law 24.557

•Training action: o Workers: Union agreementso Provinces: Training of inspectors, and training of trainerso Employers: WISE (Work Improvement Small Enterprises) / with

chambers of commerce: Studies of specific riskso General public: Seminars

•Inspection action: o Nationo Provinces: agreementso Occupational risk insurers (ARTs): Member reports of non-compliance

National Occupational Health and Safety System

Societal stakeholders and system players

• National government: through the Superintendency of Occupational Risk (SRT) and the Superintendency of Insurance of the Nation (SSN)

• Provincial governments and the Autonomous City of Buenos Aires

• Workers, and their representatives and unions

• Employers (privates and public)

• ARTs

Prevention actions

Public dissemination and awareness campaigns U$300,000/year

Training agreements with unions2007 – 16 signed 2400 workers

2008 – 17 signed 12 under negotiation 8300 workers

Permanent oversight programs

Objective:

To oversee the obligations established in Law 24.557 for employers and insurers within the competence and jurisdiction of the SRT:- Employers in Territories of National Jurisdiction (TJNs) – - Self-insured employers - Occupational Risk insurers

Central activity:

Coordination of inspection tasks, targeted programs with provinces.

Joint inspection operations with provincial governments.

Control Policy in the TJNs targeted at the following groups: Nuclear energy, Electricity generation and transport , Airports, Mining, Natural gas transport and distribution, Ports, Railways, Long distance passenger car transportation, National roads and bridges, Public agencies, Oil companies

Targeted oversight programs

Incidence and business size

- “Empresas testigo” [warned companies] (50 or more workers)

- Manufacturing SMEs (11- 49 workers)

Severity

- Reduction in fatal accidents

Activity

- Construction companies

- Agribusiness

Other businesses: Basic group businesses

Targeted oversight programs

Warned companies

Employers/accidents ratio

Sample no.

Employers Accidents

Warned companie

s

Country total

%

Warned companies: Number of

OA/PD with sick leave

Country total of OA/PD

with sick leave

%

8th

(2008/09) 4,273 668,289 0.64 185,336 477,901 38.8

Information systems

E-government implementation:• Electronic window (for forwarding requests to the ARTs)• Electronic complaints window (resolution of cases and forwarding of

documentation by ARTs)• Management of internal processes – Procurement – Per diems – Requests for

leave

Some results:- Reduction in average complaint resolution time

Previously: 4 months to 3 years Now: 5 to 7 days

- Better worker access to their rights- Better SRT image and greater authority with the ARTs- Debureaucratization of administrative systems- Cost reduction- Fewer man-hours on administrative tasks

Information systems

Role:

Information is an essential instrument in the design and application of state policy for the prevention of occupational risks. In terms of compensation – financial and in-kind – reliable data is a key element of state control of the system’s stakeholders.

Channels:

www.srtprov.gov.ar (for provincial governments)

www.arts.gov.ar (for ARTs and the self-insured)

Information systems

Example of an information circuit

Entities connected to the information system

• National government: through the Superintendency of Occupational Risk (SRT) of the Federal Public Revenue Administration (AFIP)

• Provincial governments and the Autonomous City of Buenos Aires

• Self-insured employers

• Occupational risk insurers (ARTs)

• General public (only for annual OA/PD statistics and other publicly-available data, at: www.srt.gov.ar)

MAIN INFORMATION CIRCUITS OF THE

OCCUPATIONAL RISK SYSTEM

Governmental controlGovernmental control

Working conditions

Membership and technical assistance

SRTO

versight

EmployersA.R.T./A.A.

Workers

Provincial labor administration

OVERSEES

Report accidents and professional diseases

Reports

BENEFITS

Oversight

Challenges in the area of prevention and information

• Strengthening of the AFIP’s Recording Simplification Program (PSR).

• No. of accidents per business

• Coordination of prevention actions among companies sharing risks

• Widespread compliance with the PSR by employers and the ARTs (location of accident by the employer’s or third party business)

• Incorporation of public employers

• Improvement of data quality through automatic controls and case audits

• Perfection of the ARTs’ control system [tablero de control].

SRT/province cooperation agreements to: 1. Conduct joint inspections2. Cooperate with financial resources in strengthening local

labor inspection3. Facilitate technical resources for the inspection areas 4. Harmonize oversight procedures5. Provide the inspection team with specific training 6. Make available the SRT information system for recording

inspection activities7. Provide employer information and statistical studies on

occupational accident rates8. Monitoring, evaluation, and control of the implementation of

management systems.

Contribution of labor inspection to strengthening a culture of prevention

Institutional strengthening designed to:• Build the system’s capacity for oversight, control, and prevention.

• Coordinate planning and inspection with provincial authorities, focusing actions on companies with high accident rates.

• Fulfill short- and medium-term prevention targets in SMEs.• Form quadripartite committees (SRT, unions, employers,

and insurers) to improve prevention measures and compensatory benefits.

Final reflections

We consider work the gateway to a better quality of life

And not a way to lose the health or lives of workers.

Thank you very much

www.srt.gov.ar