The Ministry of Labor issued Ministerial Agreement No. MDT-2024-196 on October 9, 2024, in compliance with the provisions of Executive Decree 255 of May 2024. This regulation focuses on strengthening the obligations of employers and workers to ensure a safe and healthy work environment.
For EmployersThe agreement exhaustively details their responsibilities, including the identification and evaluation of occupational risks, the implementation of preventive measures, the provision of personal protective equipment (PPE), the training and education of personnel, the investigation of occupational accidents and illnesses, the creation of emergency and contingency plans, the monitoring of workers’ health, and the management of reports and records through computer platforms.
For Workers: Worker responsibilities are established, such as the correct use of PPE and the immediate reporting of any unsafe conditions. The use of alcohol and drugs in the workplace is expressly prohibited.
Security ManagementThe agreement clearly defines the roles and responsibilities of health and safety monitors and technicians, both internal and external, establishing minimum management hours according to the size of the company and the level of risk. It also includes requirements for the qualification of external health and safety services.
Control and Penalties: A system of inspections will be implemented, with a preventive period until December 31, 2024. After this date, penalties will be applied for noncompliance, graduated according to the percentage of noncompliance, the size of the company, and the level of risk. Penalties may include suspension of activities or closure of the workplace; repeat offenses double the fine (with a minimum interval of 90 days between violations). Additional penalties are foreseen for obstruction of inspections.
We recommend a thorough analysis of Ministerial Agreement MDT-2024-196 to ensure full compliance, highlighting the validity of the occupational safety obligations that must be implemented in employment centers:
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Employers with 1 to 10 workers |
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Labor obligations in occupational safety and health |
Validity |
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With respect to those responsible for occupational safety and health |
12 months term. |
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Registration of Occupational Safety and Health Joint Organizations |
12 months term. |
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Occupational Risk Prevention Plan; |
12 months term. |
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Breastfeeding Support Rooms; |
When the requirement exists at the place and/or work center. |
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Occupational health surveillance |
12 months term. |
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Others determined by the Ministry of Labor. |
In accordance with current regulations |
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Employers with more than 10 workers |
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Labor obligations in occupational safety and health |
Validity |
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Responsible for Occupational Health and Safety. |
12 months term. |
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Health and Safety Regulations; |
24 months term. |
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Joint Workplace Safety and Health Organizations. |
24 months term. |
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Comprehensive prevention program for the use and consumption of alcohol, tobacco and other drugs in public and private workplaces; |
12 months term. |
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Psychosocial risk prevention program; |
12 months term. |
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Annual training plan; |
12 months term. |
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Breastfeeding support rooms; |
When there is a requirement at the place and/or work center and according to the number of workers. |
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Prevention of natural hazards and anthropic risks; |
12 months term. |
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Occupational health surveillance |
12 months term. |
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Others determined by the Ministry of Labor. |
To be defined by the Ministry of Labor |
As regards the members of the joint occupational health and safety organizations, they shall exercise their functions for a period of two (2) years and may be reelected in accordance with the provisions of the Occupational Health and Safety Regulations; however, the registration shall be renewed every two (2) years.
Quito D.M. / Guayaquil October 2024
