What occupational health and safety training does Portuguese law require?
Portuguese law requires every employer to give each worker adequate occupational safety and health training suited to their workstation and to any high-risk activities, under Article 282 of the Labor Code and Article 20 of Law 102/2009. Designated safety workers and workers' safety representatives need ongoing training, emergency responders must be trained in sufficient numbers, and the training program must be put to workers for consultation at least once a year.
By the Knowledge Foundry editorial team. How we write and check these pages
- Published
- Updated
- Reading time
- 8 min
- Jurisdiction
- Portugal
- Regulator
- Autoridade para as Condições do Trabalho (ACT), Portugal's labor inspectorate
Key takeaways
- Article 20 of Law 102/2009 requires adequate OHS training for every worker, taking account of the workstation and high-risk activities.
- Information must always be given on hiring, change of job, new or changed equipment, new technology, and multi-company work.
- Employers must consult workers' safety representatives, or the workers, in writing at least once a year on the OHS training program.
- Designated safety workers, first aid, firefighting and evacuation staff, and workers' safety representatives have specific training duties.
- Most training breaches are grave offenses, and failing to inform workers is a very serious one, enforced by the Autoridade para as Condições do Trabalho (ACT).
Which laws set OHS training requirements in Portugal?
Two laws set the core requirements: the Labor Code (Código do Trabalho, Law 7/2009), Articles 281 to 284, and Law 102/2009 of September 10, 2009, the legal regime for promoting safety and health at work (regime jurídico da promoção da segurança e saúde no trabalho). Law 102/2009 regulates the Code's principles in detail, as Article 284 of the Code anticipates.
Article 2 of Law 102/2009 states that it transposes the EU OSH Framework Directive, Directive 89/391/EEC, into Portuguese law, and complements the transposition of other directives, including Directive 91/383/EEC on fixed-term and temporary workers. The EU baseline is covered in what the EU OSH Framework Directive requires. As at September 2026, the consolidated text in the Diário da República lists amendments to Law 102/2009 up to Law 79/2019 and Decree-Law 20/2020.
Sector and hazard specific decrees (for example on chemical agents, work equipment, or construction sites) add further training content. This page covers the general regime that applies to every employer.
What training must every worker receive?
Every worker must receive adequate OHS training suited to their job. Article 20(1) of Law 102/2009 states: "O trabalhador deve receber uma formação adequada no domínio da segurança e saúde no trabalho, tendo em atenção o posto de trabalho e o exercício de actividades de risco elevado." In English: the worker must receive adequate training in occupational safety and health, taking account of the workstation and the performance of high-risk activities.
The Labor Code states the same duty. Article 282(3) requires the employer to ensure adequate training that enables workers to prevent the risks of their activity and enables workers' representatives to carry out their functions competently. Article 127(1)(i) lists, among the employer's general duties, giving the worker the information and training needed to prevent accident and illness risks.
Law 102/2009 links training to task allocation and access control. Article 15(4) requires the employer, when assigning tasks, to consider the worker's safety and health knowledge and aptitudes and to provide the information and training needed. Article 15(5) allows access to high-risk areas only to workers with suitable aptitude and training, for the minimum time necessary. Article 79 lists what counts as high risk, including construction work with risk of falls from height or burial, extractive industries, work with explosives, medium and high voltage electricity, ionizing radiation, carcinogens, group 3 or 4 biological agents, and silica exposure.
When must workers be given safety information?
Workers must always receive up to date safety information at defined moments, in addition to adequate training. Article 19(1) of Law 102/2009 covers the risks and protective measures of the job and the company, the steps to take in serious and imminent danger, and emergency, first aid, evacuation, and firefighting measures, including who carries them out. Article 19(2) requires that this information always be given in these situations:
- on admission to the company
- on a change of workstation or duties
- on the introduction of new work equipment or changes to existing equipment
- on the adoption of a new technology
- for activities involving workers from several companies
These trigger points mirror Article 12 of the EU Framework Directive, and they are natural points to reassess training as well. Breaching Article 19(1) or (2) is a very serious (muito grave) offense under Article 19(7).
Which roles have additional OHS training requirements?
Several roles carry specific training duties on top of the general requirement. The table summarizes them.
| Role | Provision | Requirement |
|---|---|---|
| Workers designated for OHS activities | Article 20(2) | The employer must provide ongoing (permanente) training for their functions |
| First aid, firefighting, and evacuation staff | Article 20(3) | Trained in sufficient numbers for the company's size and risks, and given suitable equipment |
| Workers' safety and health representatives | Article 22 | Ongoing training for their functions; the employer grants leave where necessary, paid unless another body provides a specific subsidy |
| Employer representative where a shared or external OHS service is used | Article 77 | Adequate training giving basic competences in safety, health, ergonomics, environment, and work organization, notified in advance to the labor authority and delivered by a certified training entity |
| Employer or designated worker running safety activities in micro firms | Article 81 | Allowed in establishments with up to nine workers and no high-risk activity, if they have adequate training (as defined in Article 77(2)) and ACT authorization |
The ACT certifies training entities that deliver courses for employer representatives, employers, and designated workers carrying out safety activities, as described on its page on training for safety at work activities. Entities already certified for the Técnico and Técnico Superior de Segurança no Trabalho courses do not need separate certification but must give the ACT prior notice of each course.
Must workers be consulted on OHS training, and who pays?
Yes, workers must be consulted, and the employer bears the full cost. Article 18(1)(d) of Law 102/2009 requires the employer to consult the workers' safety representatives or, if there are none, the workers themselves, in writing and at least once a year, on the program and organization of OHS training. Consultations and responses must be recorded in a dedicated register, which may be electronic (Article 18(6)). Failing to consult is a very serious offense (Article 18(8)).
Article 15(12) makes the employer bear all costs of organizing OHS services and prevention activities without imposing any financial charges on workers. Article 20(4) requires OHS training to be delivered in a way that causes no loss or harm to workers. Where employers lack the means to deliver training, Article 20(5) lets them seek support from the competent public bodies.
What are the penalties for OHS training failures?
Most training failures are grave offenses, and several related failures are very serious. Breaching Article 20(1) to (4) is a grave offense (Article 20(6)), as is failing to train workers' representatives (Article 22(4)). Failing to give the required information (Article 19(7)) or to consult (Article 18(8)) is very serious, as is breaching the employer's general obligations in Article 15(1) to (12) (Article 15(14)).
Article 115 of Law 102/2009 applies the Labor Code's general regime for labor offenses, so fine ranges are set in Article 554 of the Code in procedural units of account (UC), by company turnover and degree of fault. For a very serious offense by a company with turnover of 10 million euros or more, the range is 90 to 300 UC for negligence and 300 to 600 UC for intent, and Article 556(1) doubles the maximum fines for very serious breaches of occupational safety and health rules. Article 15(15) adds civil liability for an employer whose conduct contributed to a dangerous situation.
How can an employer evidence OHS training compliance?
Evidence should show that training matched each job's risks, was delivered at the required moments, and was consulted on. The mapping below is illustrative and should be adapted to the company's risk assessment.
| Obligation | Learning outcome | Evidence |
|---|---|---|
| Adequate training for the workstation (Law 102/2009 Art. 20(1)) | Worker identifies the hazards of their workstation and applies the controls | Training records linked to the workstation risk assessment, with assessment results |
| Information on admission and job change (Art. 19(2)) | New or moved worker knows emergency procedures and job risks | Induction and job change records dated at or before the start of the new role |
| High-risk area access (Art. 15(5)) | Only trained workers enter; worker applies specific controls | Access authorizations cross referenced to current training and aptitude |
| Emergency teams trained in sufficient number (Art. 20(3)) | Team members perform first aid, firefighting, and evacuation roles | Named team list per site, training certificates, drill records |
| Annual consultation on training program (Art. 18(1)(d)) | Not applicable: governance step | Written consultation, the representatives' opinion, and the register entry |
| Representatives' ongoing training (Art. 22) | Representatives carry out their role competently | Training plan and leave records for each representative |
A training matrix that links workstations, risks, and required courses makes gaps visible, and how to prepare training records for an audit covers how to organize the records an ACT inspector will request. Organizations that also hold ISO 45001 certification can reuse much of the same evidence; see ISO 45001 competence and awareness.
How does Knowledge Foundry approach this?
Knowledge Foundry represents each workstation's hazards, controls, and emergency roles as structured concepts with assessment points, linked to the risk assessment and to the legal provisions that require them. When equipment or technology changes, the affected concepts and workers can be traced, which supports both the Article 19 information triggers and the annual consultation on the training program.
Frequently asked questions
Does Portuguese law set a number of hours for OHS training?
Law 102/2009 does not set a general number of hours. It requires training that is adequate for the workstation and any high-risk activities. Separately, the Labor Code gives each worker at least 40 hours of continuous training a year, and occupational safety and health is one of the areas a worker may choose when using a training credit.
Who enforces OHS training rules in Portugal?
The Autoridade para as Condições do Trabalho (ACT) is the labor inspectorate responsible for enforcing working conditions law, including safety at work. It also authorizes employers in small firms to carry out safety activities themselves and certifies certain training entities.
Can a small employer handle safety activities without an external service?
Under Article 81 of Law 102/2009, in establishments with up to nine workers and no high-risk activity, the employer or designated workers may carry out safety at work activities if they have adequate training and ACT authorization. Doing so without authorization is a very serious offense.
Do contractors and temporary workers need OHS training?
Yes. Their own employer remains responsible for their training, and under Article 16 of Law 102/2009 the user company, assignee, or company whose premises are used must also ensure their safety and health. Article 19(2)(e) requires information whenever activities involve workers from several companies.
Sources
- Lei n.º 102/2009: regime jurídico da promoção da segurança e saúde no trabalho (consolidated version), Diário da República
- Lei n.º 7/2009: Código do Trabalho (consolidated version), Diário da República
- Formação para o desenvolvimento de atividades de segurança no trabalho por representante do empregador, empregador ou trabalhador designado, Autoridade para as Condições do Trabalho (ACT)
- Segurança e saúde no trabalho (employers), Autoridade para as Condições do Trabalho (ACT)
- Directive 89/391/EEC: OSH Framework Directive, European Agency for Safety and Health at Work (EU-OSHA)
This page is general information, not legal or compliance advice. Check the primary sources above and obtain advice for your circumstances. See our editorial standards.