The MINTRA audit, formally known as the occupational health and safety (OHS) audit, is a comprehensive evaluation conducted by the Ministry of Labor and Employment Promotion (MINTRA) in Peru. Its main objective is to verify compliance with occupational health and safety regulations within companies, as established by Law No. 29783 and its Regulation. These audits allow for the identification of potential workplace hazards, failures in the implementation of safety systems, and the level of commitment of companies to protecting their workers.

Types of MINTRA audits

There are two main types of OHS audits under the MINTRA framework:

1. Internal Audit: Conducted by the company itself or an external entity hired for this purpose. It seeks to evaluate and verify compliance with internal occupational health and safety policies.
2. External Audit: Carried out by MINTRA or certified entities to assess compliance with legal obligations related to occupational health and safety. It focuses on the company’s legal responsibilities.

MINTRA Audit according to Law 29783 and its Regulation

Law No. 29783, Law on Safety and Health at Work, and its Regulation, approved by Supreme Decree No. 005-2012-TR, establish the foundations for the implementation of an occupational health and safety management system (OHS-MS). Among the most relevant points that companies must comply with are:

• Identification of occupational risks.
• Implementation of preventive measures.
• Creation of safety and health committees.
• Continuous training for workers.

In this context, the MINTRA audit becomes a key tool to verify that these guidelines are being properly followed.

Why is the MINTRA audit conducted?

The primary purpose of the MINTRA audit is to ensure that companies are complying with occupational health and safety regulations, thus reducing or preventing workplace accidents and occupational diseases. Additionally, by ensuring employee well-being, companies can minimize costs from compensation, production stoppages, or fines.

Specific reasons for conducting an audit include:

• Legal compliance: Avoiding economic or administrative sanctions imposed by MINTRA.
• Risk prevention: Identifying unsafe conditions before accidents occur.
• Continuous improvement: Evaluating the effectiveness of health and safety systems to implement improvements.

What is the procedure of a MINTRA audit?

The MINTRA audit process typically follows these steps:

1. Notification: MINTRA notifies the company about the upcoming audit.
2. Document review: The company’s records, such as the OHS plan, accident reports, risk assessments, training, and other related documents, are evaluated.
3. Physical inspection: Auditors visit the workplace to identify hazards and verify compliance with health and safety regulations.
4. Interviews: Employees and managers are interviewed to understand daily practices regarding occupational health and safety.
5. Audit report: Upon completion, an audit report is issued, including findings, recommendations, and observations.
6. Corrective actions: If non-compliance is found, the company must implement corrective actions within a set period to avoid sanctions.

What happens if I DON’T conduct the MINTRA audit?

Failing to conduct an occupational health and safety audit can have serious consequences for the company, such as:

• Fines: MINTRA can impose fines that vary depending on the company’s size and the severity of the violation.
• Temporary or permanent closure: In cases of severe non-compliance, facilities may be temporarily or permanently shut down.
• Legal actions: Affected workers could take legal action against the company.
• Damage to reputation: Failure to protect workers can negatively impact the company’s image.

Thus, the MINTRA audit is a crucial tool not only for complying with the law but also for ensuring a safe and healthy work environment for all company employees.