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Puerto Rico Plan
[Puerto Rico State Plan Website]
Contact Information
Puerto Rico Department of Labor and Human Resources

Román M. Velasco González, Secretary

Prudencio Rivera Martinez Building, 21st Floor
505 Muñoz Rivera Avenue
Hato Rey, Puerto Rico 00918

PH: (787) 754-2119
Fax: (787) 753-9550



Puerto Rico Occupational Safety and Health Administration (PR OSHA)

Myrna I. Velez, Acting Assistant Secretary for Occupational Safety and Health

Prudencio Rivera Martinez Building, 20th Floor
505 Muñoz Rivera Avenue
Hato Rey, Puerto Rico 00918
PH: (787) 756-1101
FAX: (787) 767-6051

Mailing Address:
PO Box 195540
San Juan, PR 00919-5540
PH: (787) 754-2171
Fax: (787) 767-6051

About the Puerto Rico State Plan

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:
 
ARECIBO
Road 2 Km 77.2, Duhamel Bldg.
540 Miramar Avenue
Arecibo, PR 00612
Tel. (787) 878-0715 / 879-4633
Fax: (787) 878-1147
 
CAGUAS
Office 107 Governmental Building
Acosta St, Box 1599
Caguas, PR 00726-1599
Tel. (787) 746-7970 / 743-5344
Fax: (787) 258-1737
 
CAROLINA
Government Center
Fernández Juncos Avenue, Box 7700
Carolina, PR 00936-7700
Tel. (787)768-2800 / 768-2937
Fax: (787)750-4515
 
MAYAGUEZ
Road 2, 828 Villa Capitán Bldg.
Suite 304
Mayagüez, PR 00680-1537
Tel. (787) 832-4593 / 833-2018
Fax: (787) 832-5650
PONCE
60 Playita Sector
Puerto Viejo
Ponce, PR 00716-8110
Tel. (787) 842-9060 / 840-4420
Fax: (787) 259-7701
SAN JUAN
577 Ponce De León Ave
Real Hermanos Building
Hato Rey, PR 00918
Tel. (787) 754-9416 / 754-5803
Fax: (787) 764-1427

PR OSHA, as part of their Strategic Plan, has implemented Local Emphasis Programs focusing on the following industries:
  • Printing, Publishing and Allied Industries
  • Metal Doors and Windows Industries
  • Warehousing and Storage Industries
  • Public Sector
Voluntary and Cooperative Programs

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:
  • The Safety and Health Achievement and Recognition Program (SHARP) recognizes small business employers that have made or are committed to making improvements in their worksite-specific safety and health programs. This is accomplished by conducting comprehensive hazard surveys (both safety and health) using the Safety and Health Assessment Worksheet (OSHA-33). In addition, employers must correct all identified hazards and maintain injury and illness rates that are below the national averages for those industries. These worksites are exempt from programmed inspections for varying periods, provided they continue to meet SHARP eligibility criteria.
  • The Voluntary Protection Programs (VPP) emphasizes the importance of, encourages the improvement of, and recognizes excellence of occupational safety and health programs provided by the employers with active participation of employees. The three categories are: Guanín, Cemí and Taíno:

    Guanín
    Designed for worksites with comprehensive and successful safety and health programs. This program is open to any industry and to companies with injury incidence and lost workday injury at or below the national average for that type of industry. The participants in the Guanín Program are evaluated onsite every 30 to 60 months, with annual injury rates reviews.

    Cemí
    Designed for worksites with the potential and commitment to achieve Guanín qualifications. This program is open to sites injury rates above the industry's national average. Cemí participants are evaluated onsite annually. Successful completion of the Cemí Program ensures eligibility for the Guanín Program.

    Taíno
    Designed for companies with 100 employees or less, wishing to participate in the Guanín or Cemí Programs, but do not yet meet their qualifications, do not have expertise nor have technical resources available and require special guidance and assistance to reach at least Cemí quality. This program is open to worksites with a written safety and health program that at least cover the three basic elements: Management Leadership, Employee Participation and Safety and Health Trainings. Taíno participants are evaluated onsite annually. Successful completion with the established goals may ensure eligibility for the Guanín or Cemí Programs.
Additionally, the Division performs a series of educational activities in the field of occupational safety and health such as workshops, seminars and conferences. Employers may contact the Division of Voluntary Programs to request free services at (787) 754-2172.

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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Page last updated: 04/14/2008