Law mandates long-term document storage

A law passed on August 2, 2021, required companies to keep records of occupational risks in a document known as the DUERP for at least forty years and deposit them on a national digital portal. The aim was to help workers trace past risks, especially those with long-term health effects.

Digital portal delayed and incomplete

Despite the law's requirements, no functional digital portal was operational by the deadlines set for 2023 and 2024. In November 2023, the Ministry of Labor admitted that setting up the portal had faced major challenges, including securing funding, protecting sensitive information, and ensuring proper access controls.

Report questions the portal’s necessity

A report by the General Inspection of Social Affairs (IGAS) in December 2022 suggested that the digital portal was not a viable solution, citing a poor risk-benefit balance. It recommended instead that former employees access the information through the occupational health and prevention service monitoring their former employer. The report also noted that less than half of companies comply with the DUERP requirement.

Ministerial response delays resolution

In May 2024, the government confirmed that the digital deposit could not be implemented as planned and that an alternative solution was being discussed with employer groups. However, no timeline has been announced, and the legal requirement remains unchanged in the Labor Code, leaving employers without a clear way to comply.

Employers must store documents manually

In the absence of a digital portal, employers must keep each version of the DUERP for forty years, either in paper or digital form. They must also display access methods in the workplace, update the document annually in companies with at least 11 employees, and ensure records of all transmissions are kept. Employers are advised to store versions on multiple platforms, such as USB drives or cloud services, to ensure compliance.