P.R. Laws tit. 29, § 361b

2019-02-20 00:00:00+00
§ 361b. Definitions

The following terms as they appear used in §§ 361—361aa of this title shall be construed as follows:

(a) Place of employment.— Means and includes every place, whether in or out of doors, or underground and urban or rural lands appurtenant thereto, including any common areas of multiple dwellings, residential buildings or other structures where any industry, trade, service or business is temporarily or permanently carried on, or where any process or operation, directly or indirectly related to any industry, trade, service or business is carried on and where any person is directly or indirectly employed by another who derives direct or indirect gain or profit; but shall not include the premises of private residences or dwellings where persons are employed in domestic services.

(b) Employment.— Means and includes any trade, occupation, service or manufacturing process or any method to carry on said trade, occupation, service or manufacturing process, in which any person may be engaged or permitted to work, excepting domestic service.

(c) Employer.— Means and includes any individual, natural or juridical person and any individual representing said natural or juridical person and/or who exercises authority over any employment or employee, including the Government of the Commonwealth, the public corporations and municipalities.

(d) Person.— Means one or more individuals, natural or [juridical] including partnerships, associations, corporations, business trusts, legal representatives or any organized group of persons.

(e) Employee.— Means and includes every man, woman and minor employed in any place of employment by an employer.

(f) Department.— Means the Department of Labor and Human Resources of the Commonwealth of Puerto Rico.

(g) Secretary.— Means the Secretary of Labor and Human Resources of the Commonwealth of Puerto Rico.

(h) Occupational safety and health standard.— Means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, processes, devices, safeguards or personal protective equipment reasonably necessary or appropriate to provide safe and healthful employment and places of employment.

(i) Safe or safety.— As applied to an employment or place of employment means those methods, means and systems that are reasonably necessary to protect the safety and health of any employee.

(j) Established federal standard.— Means any operative occupational safety and health standard promulgated under the Federal Occupational Safety and Health Act of 1970.

(k) Owner.— Includes any lessor, agent or manager, means any person having control over any place used in whole or in part as a place of employment.

(l) Special Fund for the Promotion of Occupational Safety and Health.— Means a fund created to receive all moneys collected by the Secretary of the Treasury by virtue of the penalties imposed by § 361x of this title.

History —Aug. 5, 1975, No. 16, p. 605, § 3; Dec. 19, 2002, No. 281, § 1, eff. 30 days after Dec. 19, 2002.