The Legal Regime for the Promotion of Safety and Health at Work, established in 2009 and amended in 2014, is under scrutiny. “The law is completely outdated because 16 years have passed since it was created, and much has happened in the world,” stated the president of the Association of Occupational Health and Safety Companies (AEST) in a statement.
Rute Castanheiro criticized the lack of information about the sector, particularly regarding “statistics on occupational diseases” and the collection and dissemination “of regular data on working conditions in the country,” as well as the lack of incentives for “promoting worker participation in decision-making regarding work safety and health.”
With absenteeism from occupational medicine consultations reaching 20% and facing a “severe human resources crisis,” the president of AEST expressed concern over the sector being undervalued by companies and even the state, pointing out that the “situation is critical,” as there are not enough professionals to meet the needs of the employed population, which reached its highest level since 1998 in February.
According to her, the “foundation of law reform” should include measures aimed at these professionals, encouraging them to enter the profession and promoting internships with the private sector.
Recent data from the Green Book on the Future of Occupational Safety and Health shows that around 1,200 specialist doctors in Occupational Medicine are registered with the Medical Association, but “estimates indicate that at least 45% of these doctors do not practice because they have another specialty they are exercising.”
Moreover, this is also one of the oldest specialties, with “70% or 80% of the doctors over 65 years old,” she stressed, advocating that the Medical Association and the Directorate-General for Health “must come to terms” to open more training positions for doctors in occupational health.
Rute Castanheiro also noted that the situation is exacerbated by the fact that internships can only take place in hospitals and the National Health Service (NHS), “which is almost impossible, as there are not enough places for them [new professionals] to train,” because if a hospital “does not have an occupational health service,” it will not open vacancies for the purpose.
“This has been suffocating for years,” warned the head of the entity, which counts 54 associated companies.
Although she highlighted that there is currently “a pilot project with a private hospital,” the president of AEST argues that companies providing external services should be given the “opportunity” to receive trainee doctors, suggesting that it should be the responsibility of the competent authorities to define the “rules” for training.
At the same time, the president of the association representing the sector claims that the Decent Work Agenda is “completely silent on worker safety and health,” noting that “telework was hastily regulated in the Labor Code during the pandemic” and its regulation “is far from adequate.” “What are the working conditions for those in telework?! We cannot go to people’s homes,” she emphasized.
AEST also believes that the frequency of occupational medicine consultations “should be reviewed.”
Current legislation requires employers to promote examinations “annually for minors and workers over 50, and every two years for other workers.”
Furthermore, the association suggests that a potential law review should set “minimum” protocols that should be followed, as “external service companies that only conduct consultations do not perform additional exams,” such as blood sugar measurement, vision screening, or electrocardiograms.
AEST has already sent at least two open letters to the various competent entities, including the previous and current governments, highlighting the situation, but everything has remained “on paper.” With the current administration, they even met with the Secretary of State for Health, who “was fully aware of the topic” and had “many proposals,” including “some changes regarding medical hours.”
According to Rute Castanheiro, the government official admitted the possibility of abolishing the restriction preventing these doctors from working more than 150 hours per month, but the fall of the Government stalled any further discussions.
