Original article: Proyecto que fija responsabilidad penal y sanciones severas para empleadores negligentes avanzó en el Congreso

New Legislation Advances to Hold Employers Accountable for Workplace Safety Violations

The Labor and Social Security Committee of the Chamber has passed the bill known as «No Workplace Should Cost Lives,» which amends the Labor Code and Laws 16.744 and 20.393. The primary aim is to enhance workplace risk prevention and establish effective criminal and administrative repercussions for severe violations of health and safety regulations.

Spearheaded by Deputy Andrés Giordano (Frente Amplio), the proposal sets forth a comprehensive framework of corporate accountability, moving beyond a system primarily focused on administrative fines and placing the safety, integrity, and dignity of workers at the forefront.

The lawmaker, who also chairs the Labor Committee, stated that the initiative «is based on a very simple idea: the lives of workers cannot continue to be treated as just another cost of doing business.»

Giordano further explained, «When a company grossly fails in its safety obligations, resulting in severe injuries or fatalities, the state’s response cannot be limited to fines. This law clearly establishes that companies can also face criminal charges.»

In the most severe cases, he added, the court may impose penalties ranging from fines and debarment from public contracts to the dissolution of the company’s legal identity in the event of egregious safety violations. «This is not symbolic: it signals that there are behaviors this country will not tolerate,» he emphasized.

Thus, the bill «strengthens prevention and oversight, reinforces the role of unions and joint committees, ensures compensation for families in the event of fatal accidents, eliminates the possibility for primary contractors to evade responsibility in subcontracting, and tightens penalties for recidivism. The message is clear: preventing accidents is mandatory, and gross negligence will have real consequences.»

Key Features of the Proposed Legislation

The legislative proposal enhances the role of unions in workplace health and safety by guaranteeing their right to report, monitor, and suggest improvements.

Additionally, it penalizes employers for obstructing union access to workplaces for the sake of oversight while empowering joint committees by ensuring time for their functions, mandatory annual training, and coordination mechanisms in companies with multiple projects.

The bill also guarantees increased compensation in cases of serious or fatal accidents caused by the employer’s fault, severe negligence, or intentional misconduct, establishing that, in the event of death, employee compensation will be payable at a 200% markup.

Regarding subcontracting, it sets forth joint liability for the primary employer unless they can demonstrate effective control over compliance with safety regulations, while reinforcing information and control obligations.

Finally, the initiative toughens the sanctions regime, allowing fines to be doubled when life or health is significantly endangered, legally defining «egregious» violations, permitting the temporary closure of operations in cases of recurrence, and incorporating gross violations of safety prevention regulations as a criminal offense attributed to the legal entity as per Law 20.393.

After passing through the committee, the bill is now set to be discussed and voted on by the Chamber of Deputies.

El Ciudadano