The Social Cassation Chamber of the Supreme Court of Justice (the “SCC-SCJ”), by means of Decision Nº 744 issued on July 4, 2012 (Case: Cargill de Venezuela, S.R.L. v. Administrative Order Nº PA/US.ARA/0031-2011 issued by the Workers’ Health State Directorate of the State of Aragua), provided that Labor Inspector's Offices have the power to conduct inspections related to occupational health and safety health, in spite of the provisions of the Organic Law on Occupational Prevention, Conditions and Environment.

In this regard, the SCC-SCJ determined that the officials that are qualified for the inspection and supervision of the working conditions are: 1) Labor Inspectors (through the Supervision Units contemplated in Article 232 of the Regulations to the Organic Labor Law); and  2) the National Institute for Occupational Prevention, Health and Safety (INPSASEL), through the Workers’ Health State Directorates (DIRESATs). 

Based on the foregoing, employers need to be prepared for occupational health and safety reviews potentially from both INPSASEL and Labor Inspector's Office(s) of the relevant jurisdiction(s).