The reference regulation
Executive Decree 45166-MTSS of 2025 regulates the establishment, organisation and operation of occupational health commissions and departments in Costa Rica. It repeals Decree 39408-MTSS of 2015. This distinction matters when searching for forms or guides: a document based on the earlier regulation should be checked before it is used to determine obligations or complete registration.
Commissions and departments are not equivalent
The commission is a mechanism for participation in occupational health, whereas the department performs technical and management functions under the regulations. Article 1 provides for commissions in workplaces with ten or more workers and departments in workplaces permanently employing more than fifty. Each workplace’s situation and the full text should be reviewed, avoiding substitution of one body for the other.
Programme and technical support
The department’s duties include supporting the employer and designing and implementing the occupational health programme with the required participation. The programme must start from the activity’s risks and follow applicable Occupational Health Council guidelines. Preventive planning needs resources, responsibilities and verification of results, as well as documentation.
Composition and qualifications
The department’s composition and requirements for its head should be checked in the corresponding provisions. The Council published clarification on Article 51 and the participation of multidisciplinary personnel. Adding specialists can support management but does not permit the requirements for the person in charge to be ignored or technical competence to be inferred from a job title alone.
Example of a workplace-by-workplace review
In a hypothetical example, an organisation operates several workplaces with different staffing levels. It identifies each workplace’s situation and checks which structures and registrations apply. It defines how representation and technical functions cooperate and assigns follow-up of measures. Having a commission at one location does not automatically demonstrate that every other location’s obligations are covered.
Registration and actual operation
Establishment and registration are formal steps that must follow the Council’s channels and applicable rules. Effective operation is then needed: meetings, a programme, proposals and follow-up. This entry explains the regulation and the framework it replaced; it does not determine individual professional authorisation or resolve particular cases. Decisions should rely on the official text and relevant clarifications.
