Puerto Rico State Plan

Puerto Rico State Plan

Puerto Rico

• Initial Approval: August 30, 1977 (42 FR 43628)
• State Plan Certification: September 7, 1982 (47 FR 39164)
• Operational Status Agreement: June 11, 1982 (47 FR 25323), amended June 9, 2000 (65 FR 36617)

Overview

The Puerto Rico Occupational Safety and Health Administration (PR OSHA) is part of the Puerto Rico Department of Labor and Human Resources which is headed by the Secretary. Puerto Rico OSHA's main office is located in Hato Rey. There are six other area offices in the Commonwealth.

Coverage

The Puerto Rico State Plan applies to private sector workplaces in the Commonwealth of Puerto Rico (herein referred to as the Commonwealth) with the exception of:

1. Maritime employment, including shipyard employment, marine terminals, and longshoring;
2. Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
3. Enforcement relating to any contractors or subcontractors on any federal establishment where the Commonwealth cannot obtain entry;
4. Situations where the Commonwealth is refused entry and is unable to obtain a warrant or enforce the right of entry;
5. Situations when the Commonwealth is temporarily unable to exercise its enforcement authority fully or effectively.

The Puerto Rico State Plan covers private sector workers of the Commonwealth and state and local government workers; however, it does not cover federal government employers including USPS. Federal OSHA covers the issues not covered by the Puerto Rico State Plan. In addition, federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. PR OSHA also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

A brief summary of the Puerto State Plan is included in the Code of Federal Regulations (CFR) at 29 CFR 1952.22. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that federal OSHA resumes enforcement, those federal standards will be enforced.; Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.

State Plan Standards and Regulations

PR OSHA has identically adopted all OSHA standards and regulations applicable to state and local government and private sector employment with minor revisions to the recordkeeping regulation. All of these standards and regulations have been translated into Spanish and are available on the Puerto Rico State Plan website. In addition, PR OSHA has enacted a standard to address workplace violence situations, including procedures for handling domestic violence incidents in the workplace. It also has its own standards on boilers and pressure vessels, and on elevators.

Enforcement Programs

Puerto Rico's Bureau of Inspections, with its central office in Hato Rey, is responsible for the enforcement of safety and health standards in the Commonwealth. PR OSHA has safety and health specialists in its six area offices who conduct inspections at private sector and state and local government workplaces. PR OSHA maintains the Field Operations Manual (FOM) which provides policy and procedural guidance for its enforcement program. More information can be found on the Puerto Rico State Plan website.

Voluntary and Cooperative Programs

PR OSHA offers voluntary and cooperative programs focused on reducing injuries, illnesses, and fatalities. PR OSHA also offers on-site consultation services which help employers – both state and local government and private sector – comply with occupational safety and health standards and identify and correct potential safety and health hazards. For more information on these programs, please visit the Puerto Rico State Plan website.

Informal Conferences and Appeals

The Puerto Rico Occupational Safety and Health Act grants employers the right to contest citations, abatement requirements, and proposed penalties, and workers to contest the reasonableness of abatement dates. Contests are heard by hearing examiners appointed by the Secretary. For more information on these proceedings, please visit the Puerto Rico State Plan website.