In Uruguay, regulations establish that it is the employer's obligation to implement measures for labor protection and safety to prevent work accidents and diseases of professional origin.
Coverage for work accidents and occupational diseases is provided through the State Insurance Bank (BSE), a public entity responsible for administering the mandatory insurance for these risks under a monopolistic regime. In our system, coverage for this risk is outside of social security, and falls on the company, which is obligated to contract this policy.
This system provides comprehensive coverage that includes treatment and rehabilitation, temporary disability benefits, and compensation for permanent disability or death. By contracting this insurance, the employer "transfers" the responsibility to the insurer. However, the Law establishes that there is still employer responsibility when there has been intent (intentional action in the event) or gross negligence (failure to comply with safety and prevention regulations).
On the other hand, occupational diseases are grouped into specific categories according to the agents or working conditions that cause them. To facilitate the identification of these diseases, the BSE has an official list of occupational diseases that links work-related pathologies with risky activities or exposures. Uruguay adopted the List of Occupational Diseases of the International Labour Organization (ILO), revised in 2010, with the exception of mental and behavioral disorders, due to the complexity of establishing their direct link to the work environment.
Additionally, Uruguayan legislation contemplates criminal liability for the employer, or for those who effectively exercise the power of direction on their behalf, in case they do not adopt the necessary safety measures at work, putting the worker's life, health, or physical integrity in serious and concrete danger.
Safety and health
Under current labor and safety regulations, all companies —regardless of their sector, profit purpose, or whether they operate in the public or private sphere— are obligated to implement Occupational Health and Safety Services (OHSS). This requirement is not limited to preventing work accidents, but also includes the health of workers, incorporating joint advice from a prevention technician and a doctor. The obligation varies according to the size of the company: those with more than 300 workers must have a permanent OHSS; those with between 50 and 300, one that operates at least quarterly; and in the case of companies with between 5 and 50 workers, they must implement it only if there are identified risks that justify special protection, in which case the General Inspection of Labor and Social Security may require its establishment. This policy is applied progressively, allowing the Executive Power to prioritize certain sectors with greater risks.
On the other hand, regarding health and safety at work, the employer is also responsible for protecting the mental health of their workers, as well as their physical integrity. This responsibility includes creating a healthy work environment, and remains even when offensive behaviors come from other workers and not necessarily from company representatives. Therefore, addressing workplace harassment must be proactive: it is essential to have preventive policies and a clear procedure for handling complaints. These tools must be complemented with training sessions for all staff, aimed at identifying and preventing harassment situations, differentiating them from other conflicts, and correctly applying complaint protocols, protection measures, and follow-up mechanisms.
Prevention in terms of workplace harassment
Uruguay was a pioneer in ratifying International Labour Convention No. 190, which recognizes the fundamental right to work in safe and violence-free environments. This convention obliges employers to guarantee the physical and psychosocial integrity, dignity, and non-discrimination of workers.
The employer is responsible for the work environment, just as they are for safety and hygiene, even if the offensive behavior comes from another worker and not a company representative.
To mitigate this responsibility, the existence of preventive mechanisms for workplace harassment is taken into account, such as action protocols for complaints. Workers have the option to file their complaint internally or with the General Inspection of Labor and Social Security (MTSS).
Although Uruguay has ratified the Convention, it has not yet adopted clear legal definitions on workplace harassment, violence at work, the prevention measures that employers must implement, the responsible parties, and the sanctions. There is also a lack of regulation on the procedure to follow for complaints, whether within the company or with the Inspection.
In the meantime, based on existing prevention duties, it is recommended to adopt preventive measures, such as creating action protocols that offer an internal channel for complaints, establishing a clear procedure to investigate reported incidents, and including informative clauses in employment contracts and internal manuals. It is also advisable to disseminate informative content and carry out awareness activities, training sessions, or workshops involving workers.
