Reglamento de Condiciones para Espacios de Lactancia Materna en los Centros de trabajo

Main ideas / concepts and lessons conveyed

• The training explains the legal/regulatory framework for providing breastfeeding spaces in workplaces, focusing on:
  • The historical development of the obligation (Labor Code reforms over time).
  • The current requirements under Executive Decree 44,943 (regulations for breastfeeding spaces in workplaces).
• Core shift: the obligation to provide a breastfeeding space is no longer triggered by having “30 women” on payroll. It is triggered instead by having at least one worker who is breastfeeding.
• Modernization of feasibility: the decree replaces a single “lactation room” concept with three possible modalities:
  1. Breastfeeding room
  2. Breastfeeding booth
  3. Breastfeeding area (zone)
• The decree also emphasizes:
  • Privacy and hygiene
  • Safety (e.g., do not place breastfeeding facilities in prohibited areas like bathrooms)
  • The required approval process via the competent technical authority
  • Practical implementation guidance, including documentation and photographic evidence
• A key point is that approval is not automatically granted if the authority does not respond within the nominal administrative window (a “no tacit approval” rule for health-public matters).

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Methodology / procedures / instructions (detailed)

1) When an employer is obligated

• Under current Labor Code Article 100 (as reformed), the obligation to provide an “ideal space” arises when:
  • The workplace has a woman in the breastfeeding period (i.e., breastfeeding), and
  • The worker notifies the employer that she is breastfeeding.
• The employer is not obligated merely due to having women on payroll if none are breastfeeding.

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2) Decide the modality (room vs booth vs area)

• Employers must determine which modality fits their workplace capacity by assessing structural/space characteristics.
• The decree allows:
  • Breastfeeding room: when a permanent enclosed room can be provided.
  • Breastfeeding booth: when there is no capacity for a permanent room, but an individual-use enclosed booth can be installed (fixed or mobile).
  • Breastfeeding area (zone): last-resort option when neither room nor booth is feasible; still requires an individual-use area and specific conditions.

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3) Minimum space rule (for all modalities)

• There is no longer a universal minimum of 6 m² as in the repealed 2018 decree.
• Instead, the employer must guarantee at least:
  • 2 m² of free surface area for the worker to breastfeed/pump (Article 3).
• Clarification:
  • “Free surface area” means the area occupied by accessories is excluded.

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4) Compliance with hygiene, privacy, and allowed use

The breastfeeding space must be:

• Private and exclusively used for breastfeeding during the breastfeeding period
• Dignified and hygienic
• Maintained with daily order and cleaning

Additional requirements:

• Storage restriction
  • The breastfeeding space is not a storage room.
  • Supplies (e.g., towels, sheets, etc.) should not be stored inside the breastfeeding space.
• Milk handling
  • The refrigerator must be clean and exclusively for breast milk.
  • Milk containers should be labeled with worker name and extraction date.

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5) Prohibited locations (absolute prohibition)

Breastfeeding spaces must not be created in:

• Sanitary facilities
• Cellars
• Bathrooms
• Similar spaces

Creating or conditioning breastfeeding spaces in prohibited areas constitutes a labor law infringement.

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6) Approval process (key procedural workflow)

• Approval is requested from the Occupational Health Council, specifically the relevant Occupational Health/Safety department (described as historically renamed, but with the same core function).
• Employers submit:
  • A signed note by the legal representative, including:
    • Workplace name and identifiers
    • Telephone number
    • Email for notifications
    • Contact person information
  • A sworn statement signed by the legal representative, authenticated/digitally signed as required.

Sworn statement content and evidence:

• Declaration that the employer complies with:
  • Article 3 (minimum free surface 2 m²) and the modality-specific requirements:
    • Article 4 (room)
    • Article 5 (booth)
    • Article 6 (area/zone)
• Clear/sharp photographs for each requirement + a general photo of the space.
• Photos must be sufficiently explicit (e.g., showing trash bags, not just the container).

Communication and deadlines:

• 22 calendar days: the authority’s period to issue approval (assuming correct submission).
• If technical staff issue warnings:
  • The deadline is suspended while corrections are pending.
• Employer correction period:
  • 10 business days to remedy identified breaches.
• No tacit approval:
  • Approval is not automatically granted just because time passes.

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7) Validity and reopening (if the space is closed and later needed again)

• Approval remains valid as long as:
  • The breastfeeding space remains permanently in place, and
  • Conditions don’t change.
• If the employer closes the space and later needs it again:
  • Submit a sworn statement confirming conditions have not changed.
  • Provide reopening notice/response within 15 calendar days.

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8) Non-compliance consequences (what counts as breach)

Examples of non-compliance listed (referencing Article 14):

• Omitting required elements for:
  • Room (Articles 3 and 4)
  • Booth (Articles 3 and 5)
  • Area (Articles 3 and 6)
• Having breastfeeding employees without designating a breastfeeding space
• Creating breastfeeding spaces in prohibited areas (bathrooms, storage rooms, restrooms)
• Not having the necessary equipment

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Specific technical content highlighted (equipment/features examples)

Breastfeeding room (Article 4) — examples mentioned

Must include/ensure (examples explicitly stated):

• Sink with liquid soap dispenser inside
  • If not possible: sink can be within 20 m
• Lighting: minimum 200 lux
• Lidded trash can with corresponding bags
• Refrigerator with minimum 38 L capacity
• Ventilation/air renewal (distinct from mere air circulation)
• Table or wall shelf
• Emergency evacuation sketch (40 cm × 40 cm)
• Cleaning plan
• Paper towels or hand dryer
• Chair meeting a 90-degree angle design requirement
• Soft lining for backrest and armrests
• Non-slip floor: resistant, easy to clean
• Must also comply with the 2 m² free surface area requirement

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Breastfeeding booth / area (Articles 5 and 6)

Requirements are described as broadly similar, with modality-specific variations (e.g., booth construction elements like door/walls). Each modality must include:

• 2 m² free surface area
• Sink within the space or within 20 m
• Non-slip floors, lighting, ventilation/air renewal
• Cleaning plan
• Trash can with lid and bags
• Towels or hand dryer
• Seating with a 90-degree requirement and suitable comfort features

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Privacy requirement (Article 7)

• Regardless of modality, the space must guarantee privacy.
• Example approach mentioned:
  • Using screens or curtains (the text emphasizes that privacy barriers must meet the decree’s standards, including a “no less than 90%” reference and a “20 cm” detail).

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Transitions and timeline

• The decree taught is Executive Decree 44,943, published July 2, 2025.
• Transitional implementation deadline:
  • Employers had up to 12 months to implement requirements.
  • Completed on July 2, 2026.
• The video notes that Decree 40,081 (2018) was repealed by Decree 44,943.

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Speakers / sources featured (as stated or clearly implied)

• Training host/instructor (name not clearly stated in the transcript; referenced via microphone and hosting cues)
• Veronica
• Ivón
• Monica
• Occupational Health Council (Consejo de Salud Ocupacional): approvals authority
• Department of Occupational Health and Safety (approval department; described as historically renamed)
• National Directorate of Inspection (DNI) (referenced historically and for oversight)

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Legal/regulatory sources explicitly referenced

• Executive Decree 44,943 (primary focus): breastfeeding spaces in workplaces
• Labor Code, specifically Article 100 (original 1943 wording and later reforms)
• Law 33,000 (subtitle shows “3372”/“33,000” confusion; referenced as reforming labor code denominations in 1964)
• Law 10211 (May 5, 2022): anti–labor discrimination against women in motherhood
• Law 10895 (April 7, “this year” as referenced in the material): promoting/protecting/supporting breastfeeding
• Executive Decree 41,080 (April 12, 2018; repealed)
• Law 7600: accessibility/inclusivity (referenced as already in force)
• Law 8220: tacit approval principle reference (stated as not applicable for these health-public matters)
• Gazette/Official publication references: “Gazette 121” and issue 81 (July 2, 2025)