JULY 2009 | LEGAL REPORT #6
NEW TABLE OF PROFESSIONAL ILLNESSES

Last 7 July the Ministry of Social Protection issued Decree 2566 of 2009 which derogates Decree 778 of 1987 and revives the list of professional illnesses of the Decree 1832 of 1994 which had lost validity last year.

The application of the table included in Decree 778 of 1987 used to generate controversies at the time of classifying the origin of a professional illness, particularly illnesses caused by stress at work and employment cancer.

In this connection, Decree 2566 introduces, among others, the following important features:

1. A professional illness has (i) to be included in the list of pathologies of the Decree, or alternatively (ii) evidence a causality link between the professional risks inherent to the functions of the employee and the illness suffered by him/her.

2. Otherwise, any illnesses not (i) included in the list of pathologies in the Decree or (ii) having a causal link with the labor risk, will be qualify as a common illness.

3. Cancer caused by the employment and illnesses caused by stress at work are included as types of professional illnesses.

In view of the above employers should take the necessary precautions to prevent the development of any professional illness within the places of work, as well as possible claims by the employees for material and moral damages caused by negligence of the employer.

For this purpose, it would be convenient for employers to carry out a labor due diligence in order to ascertain compliance with the obligations regarding industrial security and employment health.

Also, employers should make a proper induction and provide recurrent training to its employees with respect to the provisions contained in (i) the Hygiene and Industrial Security Regulations, (ii) the Prevention in Health Subprogram, (iii) the Employment Health Subprogram, and (iv) other provisions related to the security of the employees.

For your convenience, please find hereto attached our contact details in case you require our assistance for the preparation and implementation of them above-mentioned programs of industrial security and employment health.