Occupational safety and health (OSH) is currently a hot labor topic in Peru. On December 30, 2019, the government issued Urgency Decree No. 044-2019 (UD) focused on reinforcing the inspection capacities of labor authorities and including severe penalties for noncompliance such as criminal liability for employers and temporary closure of the workplace.

This is a governmental reaction to high-profile workplace fatalities in Peru. The main issues addressed by the UD are the following:

The above will be in force the day after the regulations of the UD are published.

Comments and Takeaways

The legal implications and impact of the UD are yet to be seen, as the UD’s regulations are expected to clarify many ambiguities regarding its scope and application. It is clear, however, that achieving and maintaining compliance with OSH will represent a new challenge for all employers in Peru, given that noncompliance could lead to the temporary closure of the workplace and even criminal sanctions.

Written by Daniel Francisco and Iván Blume of Rodrigo, Elias & Medrano and Roger James of Ogletree Deakins

© 2020 Rodrigo, Elias & Medrano and Ogletree, Deakins, Nash, Smoak & Stewart, P.C.