The Ministry of Public Health (MINSAP) approved the , which establishes a new list of occupational diseases and the procedure for their prevention, diagnosis, analysis, and control within the National Health System.
The regulation, issued on September 15, was published this Friday in the , on pages 197 to 225.
The resolution responds to the obligation imposed by Law 189/2026, the new Labor Code approved by the National Assembly on July 30, whose Final Provision Second required the MINSAP to present the updated regulations to the Ministry of Labor and Social Security within a maximum period of 45 days.
With its entry into force, Resolution 283 from June 2014 is repealed, which until now regulated the same subject and had been adopted as a complement to the previous Labor Code.
According to Article 1 of the new regulation, its purpose is to "update the list of occupational diseases and the procedures for their prevention, diagnosis, analysis, and control within the National Health System, aligned with the principles of the new Labor Code."
The resolution categorizes occupational diseases into eight classifications, outlined in several annexes: those caused by chemical, physical, and biological agents; those affecting the respiratory system, skin, musculoskeletal system, and mental health; and those induced by carcinogenic agents.
For an ailment to be recognized as an occupational disease, the standard requires meeting five diagnostic criteria: occupational, hygienic-epidemiological, clinical, laboratory, and legal.
The occupational criterion requires a "documented history of the worker's exposure to a causal agent or to special working conditions that may be harmful to their health," taking into account factors such as the position held, duration of exposure, shifts, raw materials, and equipment used.
The hygienic-epidemiological criterion, for its part, involves verifying the presence of risk factors in the work environment, compliance with prevention regulations, the use of personal protective equipment, and environmental monitoring in the workplace.
Regarding the procedure, the regulation states that when the attending physician "believes or suspects that the illness being suffered is of occupational origin, they will refer the patient to the appropriate occupational diseases consultation, based on the location of the workplace."
MINSAP specifies that it will act in coordination with the Ministry of Labor and Social Security in validating the cases, with the participation of labor organizations and the support of national reference units and specialist groups.
The resolution also imposes on the employer the obligation to comply with the medical recommendations contained in the professional illness declaration report.
La Gaceta No. 78 includes a total of 14 regulations related to the implementation of the new Labor Code, among them two other resolutions from MINSAP: , concerning the hiring and placement of health professionals and technicians, and , regarding occupational health medical examinations.
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