1. Agrochemical: any pesticide, fertilizer, soil amendment (enmienda), and chemical product used in agriculture.
2. Working conditions: the set of factors that define the performance of a specific task, the environment where it is performed, and that may generate risks to the worker's health and safety. It also includes general characteristics of the premises, facilities, equipment, raw materials, and products; physical, chemical, and biological agents present in the work environment; the procedures for using the agents according to their nature and the forms of work organization in the company; the content of the work, working hours, social welfare services, labor relations, and the form of wage payment, which may be by the hour, by task, or piecework.
3. Spill (derrame): portion of liquid or solid product lost due to an accidental effect or poor handling, whether during the handling of containers, preparation of mixtures, loading or unloading of product, as well as leaks in the spray system.
4. Soil amendment (enmienda): substances mixed with soils to favorably modify or correct their properties and make them more productive.
5. Label (etiqueta): printed material or graphic inscription, written in legible characters, that identifies, lists its components, and describes the product contained in the accompanying container, which has been harmonized and homologated in the Central American region.
6. Preventive medical examination (examen médico preventivo): a complete medical examination, including clinical history with clinical and occupational history, physical examination, and laboratory and diagnostic tests required to work exposed to agrochemicals, prior to starting this work.
7. Periodic, follow-up, and return-to-work medical examination: clinical and laboratory medical examinations according to the type of agrochemical handled and exposure time, to evaluate possible chronic poisonings, return to work after an acute poisoning or a common illness.
8. Workplace (lugar de trabajo): workplaces shall be understood as the areas of the work center, built or not, including any other facility to which the worker has access as a consequence of providing services within the framework of their work. Included in this definition are sanitary facilities, rest areas, areas for food intake and preparation, first aid areas, as well as protection and welfare facilities outside the process area.
9. Handling and use of agrochemicals: different actions related to the use of the agrochemical, including formulation, production, commercialization, handling, storage, transport, mixing, application, resulting emissions, spillage, treatment or disposal of products, and the cleaning, repair, and maintenance of equipment and containers.
10. Safety measure: guidelines, instructions, slogans, or orders, aimed at instructing and indicating to workers the safety measures to adopt, obliging or prohibiting them from performing some actions; all as a preventive means to act on the human factor.
11. Pesticide (plaguicida): any substance or mixture of substances intended for preventing, destroying, or controlling any pest, including vectors of human or animal diseases, unwanted species of plants or animals that cause harm or otherwise interfere with the production, processing, storage, transport, or marketing of food, agricultural commodities, wood and wood products, or animal feed, or that may be administered to animals to combat insects, arachnids, or other pests in or on their bodies. The term includes substances intended for use as plant growth regulators, defoliants, desiccants, agents for thinning fruit, or agents for preventing the premature fall of fruit, and substances applied to crops either before or after harvest to protect the commodity against deterioration during storage and transport.
12. Chemical product: chemical elements and compounds and their mixtures, whether natural or synthetic.
13. Occupational Health (Salud Ocupacional): a task with multidisciplinary intervention of a preventive or control nature, which acts upon the risk factors inherent or added to the nature of the work activity, as well as the form and content of its organization, within a specific production process, to prevent them from affecting the health of workers. Furthermore, it must act taking into account the interaction, requirements, and limitations of the workers, as well as damage to health resulting from natural disasters and ecological imbalances in the environment.
The goals of Occupational Health are: To promote and maintain the highest level of physical, mental, and social well-being of the worker; to prevent all damage caused to the health of workers by working conditions; to protect them, in their employment, against risks to health resulting from the presence of harmful agents; to place and maintain the worker in employment suited to their physiological and psychological aptitudes; to adapt all work processes to the individual (Article 273 Labor Code).
14. Triple Rinse (Triple Lavado): consists of washing the empty container of any agrochemical three times. In this task, the containers must be emptied completely at the moment of exhausting their content; once it is completely empty, fill one quarter of the container with water, tighten the cap, and shake vigorously. The water from this cleaning shall be added to the application equipment tank, to be used in the task planned for that type of agrochemical. This operation must be repeated two more times.
It shall be applied as a safety measure to protect the health of workers who must handle empty containers.
15.—Hours of application: Effective time the worker uses in directly spraying the pesticide onto the crop.
(The preceding paragraph was added by Article 1 of Executive Decree No. 35124 of April 13, 2009) 16.—Workday: For the purposes of the rights of persons performing pesticide application tasks, all the activities listed below shall be considered as effective working time and remunerated in the same manner as the "hours of application":
- a)From the moment of entering the workplace; b) The time spent changing their clothes for work clothes; c) Removing the personal protective equipment, checking it, and putting it on; d) Checking the application equipment and; e) Traveling to the place of application on the farm, f) Similarly, upon finishing the hours of application, they must travel to the work center, decontaminate the application equipment or leave it in the area designated for this purpose, decontaminate the personal protective equipment and store it in the area designated for this purpose, they must shower, leave the work clothes to be washed, and only then may they eat their food.
(The preceding paragraph was added by Article 1 of Executive Decree No. 35124 of April 13, 2009)
Obligations of Employers or their Representatives, Intermediaries or Contractors in Occupational Health Matters