The criteria of the Occupational Health Council of Costa Rica (CSO) is that the obligation to constitute and register Occupational Health Commissions and/or Departments remains under the same parameters for all companies operating in the country, even if their workers are 100% working remotely (teleworking).
This criterion comes from articles 288 and 300 of the Labor Code, which oblige employers to constitute an Occupational Health Commission (if they have ten or more workers) and an Occupational Health Department (if they have fifty workers or more). In other words, the legal requirement comes from the number of people hired by the employer, not from the existence or conditions of the premises from which the contracted services are provided.
In the opinion of the CSO, the concept of “workplace” in the Costa Rican legal system transcends the building and is linked to the productive organization, the labor relationship and the exercise of management power by the employer. The provision of the service under the teleworking modality does not eliminate the existence of the workplace as an organizational unit; it only transforms its operating form. Considering that Law No. 9738 (Law to Regulate Telework) expressly recognizes telework as a valid form of subordinate work, and maintains the employers’ obligations in terms of working conditions, occupational health, risk prevention and protection of workers, it is concluded that the modality (whether in person, hybrid or telework) does not exclude or mitigate legal obligations in occupational health.
Commissions and Departments aim to prevent occupational risks, protect physical and mental health and promote safe working conditions. These objectives fully subsist in teleworking, coworking or remote work scenarios, where there will be ergonomic, psychosocial, technological, organizational, occupational health and safety requirements, which must be addressed by employers, as a legal obligation.