The threshold
Article 22 of Law No. 6331 and Article 4 of the OHS Boards Regulation set the same threshold: at workplaces with fifty or more workers where continuous work lasting more than six months is carried out, the employer sets up a board to work on occupational health and safety matters. Both conditions must hold together; a headcount above fifty does not trigger the duty if the work runs for less than six months. Where an employer has several workplaces such as plants or establishments, a separate board is set up at each workplace with fifty or more workers.
Where contractors are involved
For principal employer and contractor relationships lasting more than six months the regulation separates four cases. If both headcounts exceed fifty, each sets up its own board and the principal employer provides coordination. If only the principal employer exceeds fifty, it sets up the board and the contractor appoints an authorised representative for the implementation of decisions. If only the contractor exceeds fifty, the contractor sets up the board and the principal employer appoints the representative. If neither exceeds fifty but the combined headcount does, a joint board is formed and the principal employer coordinates it.
Who sits on the board
Under Article 6 the board consists of the employer or the employer's representative, the occupational safety specialist, the workplace physician, a person responsible for human resources or administrative and financial affairs, a civil defence specialist where one exists, a foreman or master craftsman where one exists, and the worker representative. The chair is the employer or the employer's representative and the secretary is the occupational safety specialist; where a full-time specialist is not required, the secretariat is run by the person responsible for administrative affairs.
Meetings and decisions
Boards meet at least once a month. Taking the hazard class of the workplace into account, that interval may be extended to two months in hazardous workplaces and to three months in less hazardous ones. The agenda, place, day and time are notified to members at least forty-eight hours in advance. After a fatal accident, one causing loss of a limb or a serious accident, the board meets on an extraordinary basis. Meetings are held with an absolute majority of the full membership and decisions are taken by an absolute majority of those present; abstention is not allowed. Minutes recording the decisions are drawn up and signed at every meeting.
Where this sits in Optifora
Board agendas, decisions and follow-up belong to the "OHS board and meetings" module, which appears on the roadmap in the module catalogue and has not been written yet. Monthly specialist and physician hours and emergency team sizes can be computed with the free calculators.