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Health and safety at work (SST) legal framework

Law n.º 7/2009, of 12 February, articles 281 to 284

Establishes the general principles on health and safety at work.

Law n.º 102/2009, of 10 September

Regulates the legal regime for the promotion and prevention of health and safety at work, in accordance with the provisions in article 284 of the Law n.º 7/2009, of 12 February.

Law n.º 42/2012, of 28 August

Approves the regimes regarding the access and exercise of the professions of senior technician of safety at work and technician of safety at work, and introduces the first amendment to Law n.º 102/2009, of 10 September, wich aproves the legal regime by repealing n.º 3 of article 100.

Law n.º 28/2016, of 23 August

Proceeds to the fifth amendment to Law n.º 102/2009, of 10 September, rewording article 16.

Decree-Law n.º 88/2015, of 28 May

Proceeds to the amendment of Law n.º 102/2009, of 10 September, which approves the legal system for the promotion of health and safety at work, amended by Laws n.º 42/2012, of 28 August, and 3/2014, of 28 January.

Decree n.º 255/2010, of 5 May

Establishes the application model for the authorisation of common service, external service and dismissal of internal service for health and safety at work.

Decree n.º 275/2010, of 19 May

Establishes the rates applicable to the authorisation procedures of SST services.

Decree n.º 71/2015, of 10 May

Approves the model of the aptitude form for health examinations.

SST legal framework (Public Administration)

Law n.º 35/2014, of 20 of June

General labour law for public functions.

SST special protection of specific groups of workers

Law n.º 7/2009, of 12 February, article 62

Provides for a special protection regime of health and safety at work for pregnant workers, workers who have recently given birth or are breastfeeding.

Law n.º 102/2009, of 10 September, articles 50 to 60

Regulates the activities forbidden / restricted to pregnant workers, workers who have recently given birth or are breastfeeding, provided for in article 62 of Law n.º 7/2009, of 12 February.

Law n.º 7/2009, of 12 February, article 66

Provides for a special protection regime of health and safety at work for under-age workers.

Law n.º 102/2009, of 10 September, articles 61 to 72

Regulates the activities forbidden / restricted to under-age workers.

Accidents at work and occupational illnesses

Law n.º 7/2009, of 12 February, article 283 to 284

Provides for the right to compensation for work accidents and occupational illnesses.

Law n.º 98/2009, of 4 September

Regulates the regime of compensation for work accidents and occupational illnesses.

Decree-Law n.º 2/82, of 5 January

Determines the obligation to report all cases of occupational illness to the Occupational illnesses national insurance fund.

Decree-Law n.º 382-A/99, of 22 September

Regulates the mandatory work accidents insurance for self-employed workers.

Decree-Law n.º 107/2015, of 16 June

Suspends the regime of annual updating of the value of pensions for permanent disability and death resulting from an accident at work, as provided for in article 6 of the Decree-Law n.º 142/99, of 30 April, as amended by the Decree-Laws n.º 382 -A/99, of 22 September and 185/2007, of 10 May, and establishes the form of updating the pensions for accidents at work as the same as the form of updating the IAS.

Implementing Decree n.º 76/2007, of 17 de July

Coded index of occupational illnesses.

Decree n.º 256/2011, of 5 de July

Approves the uniform part of the general conditions of the policy of compulsory insurance for accidents at work for employees, as well as the respective special uniform conditions.

Statistics of accidents at work

Decree-Law n.º 362/93, of 15 October

Regulates the statistical information on accidents at work and occupational illnesses.

Decree n.º 137/94, of 8 March

Approves the participation models and maps relating to accidents at work.

Work places

Decree-Law n.º 347/93, of 1 October

Minimum health and safety requirements for work places.

Decree n.º 987/93, of 6 October

Regulation of the technical standards regarding the minimum health and safety requirements for work places.

Biological agents

Decree-Law n.º 84/97, of 16 April

Establishes the minimum requirements for protecting the safety and health of workers against the risks of exposure to biological agents at work.

Decree-Law n.º 2/2001 of 4 January

Regulates the contained use of genetically modified micro-organisms, bearing in mind the protection of human health and the environment.

Decree-Law n.º 55/2015, of 17 April

Approves the regime for the contained use of genetically modified micro-organisms (GMMs) and genetically modified organisms (GMOs), bearing in mind the protection of human health and the environment, incorporating into the national legal system Directive n.º 2009/41/EC of the European Parliament and of the Council, of 6 May 2009, on the contained use of genetically modified micro-organisms.

Decree n.º 405/98, pf 11 July

Approves the classification of biological agents.

Decree n.º 1036/98, of 15 December

Changes the list of classified biological agents as set out in the annex to Decree n.º 405/98, of 11 July.

Physical agents - ionising radiation

Decree-Law n.º 165/2002, of 17 July

Establishes the general principles of protection, as well as the competences and attributions of the agencies and services involved in the protection against ionising radiation.

Decree-Law n.º 348/89, of 12 October

Establishes rules and policies for protection against ionising radiation.

Decree-Law n.º 165/2002, of 17 July

Establishes the general principles of protection, as well as the competences and attributions of the agencies and services involved in the protection against ionising radiation.

Decree-Law n.º 167/2002, of 18 July

Establishes the legal regime relating to the licensing and operation of organisations that carry out activities in radiological protection.

Decree-Law nº 180/2002 of 8 August

Establishes the rules on the health protection of individuals against the dangers of ionising radiation in relation to medical exposure.

Decree-Law n.º 215/2008, of 10 November

Proceeds to the first amendment to Decree-Law n.º 165/2002, of 17 July, the first amendment to Decree-Law n.º 167/2002, of 18 July, and the first amendment to Decree-Law n.º 180/2002, of 8 August, establishing the setting of rates for the licensing of radiological installations and service providers of radiological protection.

Decree-Law n.º 184/2015, of 31 August

Proceeds to the second amendment to Decree-Law n.º 167/2002, of 18 July, amended by Decree-Law n.º 215/2008, of 10 November, which approved the legal regime for the licensing and operation of organisations that provide services in the protection against ionising radiation, updating the licensing procedures and technical requirements to be met by organisations and setting new rules for the distribution of the fees charged as part of the licensing.

Decree-Law n.º 222/2008, of 17 November

Establishes the regulations regarding the rules and policies of protection against ionising radiation, provided for in Decree-Law n.º 348/89, of 12 October.

Implementing Decree n.º 3/92, of 6 March

Proceeds to the amendment of the wording of article 36 by clarifying the regime that was already established by the Regulatory Decree n.º 9/90, of 19 April.

Implementing Decree n.º 29/97, of 29 July

Establishes the regime for the protection of workers from third party companies that intervene in areas subject to regulations regarding the protection against ionising radiation.

Declaration of Rectification n.º 14-M/97, of 31 July

Amends the Implementing Decree n.º 29/97, of 29 July.

Physical agents - optical radiation

Law n.º 25/2010, of 30 August

Establishes the minimum requirements for the protection of workers from risks against health and safety due to the exposure, during work, to optical radiation from artificial sources.

Declaration of Retification n.º 33/2010 of 27 October

Rectifies annexes I and II of the Law n.º 25/2010, of 30 August.

Physical Agents - Noise

Decree-Law n.º 182/2006, of 6 September

Minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise).

Physical agents - Vibrations

Decree-Law n.º 46/2006, of 24 February

Minimum health and safety requirements regarding the exposure of workers to the risks arising from mechanical vibrations.

Sharp medical devices

Decree-Law n.º 121/2013, of 22 August

Establishes the legal regime concerning the prevention of injuries caused by sharp medical devices that constitute work equipment in the hospital and health care sectors..

Chemical agents - General framework

Decree-Law n.º 479/85, of 13 November and Amending Decree DR n.º 26/86, of 31 January

Establishes the substances, agents and industrial processes that involve real or potential risk of cancer for occupationally exposed workers.

Decree-Law n.º 301/2000, of 18 November

Regulates the protection of workers against risks related to the exposure to carcinogens or mutagens at work.

Decree-Law n.º 24/2012, of 6 February

Consolidates the minimum requirements on the protection of workers from risks against their health and safety due to the exposure to chemical agents at work.

Decree-Law n.º 88/2015, of 28 May

Proceeds to the amendment of the Decree-Law n.º 24/2012, of 6 February, which consolidates the minimum requirements on the protection of workers from risks against their health and safety due to the exposure to chemical agents at work and incorporates the Directive n.º 2009/161/EU, of the Commission, of 17 December 2009; and the Decree-Law n.º 301/2000, of 18 November, which regulates the protection of workers against the risks connected to the exposure to carcinogens or mutagens at work.

Chemical agents - REACH “Registration, Evaluation and Authorization of Chemicals”

Decree-Law n.º 293/2009, of 13 October

Ensures the implementation, in the national law, of the obligations arising out of Regulation (EC) n.º 1907/2006, of the European Parliament and of the Council, of 18 December, concerning the registration, evaluation, authorisation and restriction of chemicals (REACH), and proceeds to the creation of the European Chemicals Agency.

Decree nº. 51/2015, of 26 February, article 7, paragraph K

Identifies the duties of IAPMEI’s (Directorate for Regional Proximity and Licensing), DPR, under the REACH regulation.

Decree n.º 27707/2007, of 10 December

Establishes the implementation of the REACH regulation.

Chemical agents - Labelling of chemicals

Decree-Law n.º 98/2010, of 11 August

Establishes the regime that governs the classification, packaging and labelling of substances dangerous for human health or for the environment.

Decree-Law n.º 220/2012, of 10 October

Establishes the regime that governs the classification, labelling and packaging of substances and mixtures.

Chemical agents - Asbestos

Law n.º 2/2011, of 9 February

Establishes the procedures and objectives regarding the removal of products that contain asbestos fibres still present in public buildings, installations and facilities.

Decree-Law n.º 101/2005, of 23 June

Prohibits the use and marketing of asbestos fibres and products containing these fibres in accordance with annex I, point 16 and annex II, point 18.

Decree-Law n.º 266/2007, of 24 July

Establishes the rules for the protection of the health of workers against the risks of exposure to asbestos at work.

Portuguese Parliament Resolution n.º 170/2016

Recommends the Government to continue and complete the process of identification and removal of asbestos in buildings, facilities and equipment where services are provided to the public.

Chemical agents - Explosive atmospheres

Decree-Law n.º 236/2003, of 30 September

Establishes the minimum requirements for improving the protection of the health and safety of workers potentially exposed to risks from explosive atmospheres.

Work equipment

Decree-Law n.º 50/2005, of 25 February

Establishes the minimum safety and health requirements for the use of work equipment by workers.

Decree-Law n.º 221/2006, of 8 November

Establishes the rules relating to the noise emission for outdoor equipment.

Safety of new machinery

Decree-Law n.º 103/2008, of 24 June

Establishes the rules concerning the placing on the market and putting into service of machinery and their accessories.

Decree-Law n.º 75/2011, of 20 de June

Proceeds to the amendment of articles 3, 4, 12, 14 and 19 of the Decree-Law n.º 103/2008, of 24 June, establishing the essential requirements of environmental protection for the placing on the market and putting into service of machinery for pesticide application.

Personal protective equipment

Law n.º 113/99, of 3 August

Proceeds to the amendment of article 12 of Decree-Law n.º 348/93, of 1 October, on the protection of the health and safety of workers in the use of personal protective equipment.

Decree-Law n.º 374/98, of 24 November

Minimum requirements that must be met in the manufacture and marketing of machinery, measuring instruments and personal protective equipment.

Decree-Law n.º 348/93, of 1 October

Minimum safety and health requirements for the use, by workers, of personal protective equipment at work.

Decree n.º 988/93, of 6 October

Establishes the minimum safety and health requirements of workers in the use of personal protective equipment, as provided for in Decree-Law n.º 348/93, of 1 October.

Decree n.º 695/97, of 19 August

Establishes the essential requirements regarding health and safety for personal protective equipment.

Display screen equipment

Law n.º 113/99, of 3 August

Proceeds to the amendment of article 12 of Decree-Law n.º 349/93, of 1 October, on the protection of workers in the use of display screen equipment.

Decree-Law n.º 349/93, of 1 October

Establishes the minimum safety and health requirements for work with display screen equipment.

Decree n.º 989/93, of 6 October

Establishes the technical standards for the implementation of minimum safety and health requirements for work with display screen equipment provided for in Decree-Law n.º 349/93, of 1 October.

Manual handling of loads

Law n.º 113/99, of 3 August

Proceeds to the amendment of article 10 of Decree-Law n.º 330/93, of 25 September, on the protection of the health and safety of workers in the manual handling of loads.

Decree-Law n.º 330/93, of 25 September

Establishes the minimum safety and health requirements for the manual handling of loads.

Safety signs

Decree-Law n.º 141/95, of 14 June

Establishes the minimum requirements for safety and health signs at work.

Decree-Law n.º 88/2015, of 28 May

Proceeds to the amendment of Decree-Law n.º 141/95, of 14 June, which establishes the minimum requirements for safety and health signs at work, amended by Law n.º 113/99, of 3 August.

Decree n.º 1456-A/95, of 11 December

Regulates the minimum requirements for the placement and use of the safety and health signs at work, as provided for in Decree-Law n.º 141/95, of 14 June.

Decree n.º 178/2015, of 15 June

Proceeds to the first amendment to Decree n.º 1456-A/95, of 11 December, which regulates the minimum requirements for the placement and use of safety and health signs at work.

Prevention of serious technological accidents

Decree-Law n.º 254/07, of 12 July

Establishes the regime for the prevention of serious accidents involving dangerous substances and the limitation of their consequences to man and the environment.

Decree-Law n.º 42/2014, of 18 March

Proceeds to the first amendment to Decree-Law n.º 254/07, of 12 July.

Decree-Law n.º 150/2015, of 5 August

Proceeds to the repeal of Decree-Law n.º 254/2007, of 12 July, amended by Decree-Law nº 42/2014, of 18 March.

Decree n.º 966/2007, of 22 August

Approves the requirements and conditions for exercising the activity of verifier of the safety management system in high hazard level establishments, abbreviated as SGSPAG verifier.

Decree n.º 186/2014, of 16 September

Approves the requirements and conditions for exercising the activity of verifier of the safety management system for the prevention of serious accidents (SGSPAG) and repeals Decree n.º 966/2007, of 22 August.

Civil construction

Decree-Law n.º 41821/58, of 11 August

Approves the safety at work regulation in civil construction.

Decree n.º 46427/1965, of 10 July

Approves the regulation for temporary social facilities intended for workers employed in the construction works.

Decree-Law n.º 273/2003, of 29 October

Establishes general rules for the planning, organisation and coordination to promote safety, hygiene and health at work in construction sites and incorporates into national law Directive n.º 92/57/EEC, of the Council, of 24 June, on the minimum health and safety at work requirements to be applied to temporary or mobile construction sites.

Decree n.º 934/1991 of 13 September

Establishes the rules for falling-object protective structures (FOPS) of machines operating in building sites.

Decree n.º 101/1996, of 3 April

Regulates the minimum health and safety requirements in workplaces and workstations of temporary or mobile construction sites.

Fire safety

Decree-Law n.º 224/2015

Proceeds to the first amendment to Decree-Law n.º 220/2008, of 12 November, which establishes the legal regime for fire safety in buildings.

Decree n.º 1532/2008

Approves the Technical Regulation of Fire Safety in Buildings (SCIE).

Decree n.º 2074/2009

Establishes the technical criteria for determining the density of modified fire load.

Indoor air quality

Decree-Law n.º 118/2013, of 20 August

Incorporates into national law Directive n.º 2010/31/EC of the European Parliament and of the Council, of 19 May 2010, and approves the System for the Certification of Energy in Buildings, which integrates the Regulation on the Energy Performance of Residential Buildings, and the Regulation on the Energy Performance of Trade and Services Buildings.

Decree n.º 353-A/2013, of 4 December

Establishes the minimum values of air flow per space, as well as the thresholds of protection and the terms of reference for air pollutants inside new trade and services buildings, subject to extensive intervention and already existing and the relevant evaluation methodology.

Decree-Law n.º 47/2017, of 10 May

Establishes the amendment for the assessment and management of ambient air quality, transposing Directive 2015/1480.

Waste

Decree-Law n.º 73/2011, of 17 June

Establishes the third amendment to Decree n.º 178/2006, of 5 September, and incorporates Directive n.º 2008/98/EC, of the European Parliament and of the Council, of 19 November 2008, and establishes the general regime applicable to the prevention, production and management of waste.

Decree n.º 209/2004, of 3 March

Approves the European List of Wastes (ELW).

Decree n.º 43/2011, of 20 January

Approves the Strategic Plan for Hospital Waste for the period 2011-2016.

Decree n.º 187-A/2014, of 17 September

Approves the Strategic Plan for Urban Waste (PERSU 2020), for mainland Portugal.

Decree n.º 851/2009, of 7 August

Changes the Decree n.º 187/2007, of 12 February, and approves the technical standards relating to the characterisation of urban waste.

Decree n.º 145/2017, of 26 april

Establishes the rules applicable to road, rail, inland waterway, maritime and air transport of waste in national territory and creates electronic guides for the monitoring of waste (e-GAR), to be issued in the Integrated System of Electronic Waste Registries (SIRER)