Dominican Republic companies and designated workplace first responders face criminal liability for mishandling injured workers under new Penal Code provisions that came into force on August 3, 2026. The legislation, instituted under Law 74-25, penalises the failure to assist injured persons and holds legally designated guarantors responsible for harm caused by improper medical aid or inaction.
Under the updated legal framework, designated workplace brigade members and health and safety managers are classified as legal guarantors. Legal expert Rafael Eugenio Robles warned in an analysis published in Santo Domingo on August 28, 2026, that corporate leaders can no longer avoid liability by advising staff not to intervene during workplace accidents.
Robles, a lawyer, doctor in education, university researcher, and occupational risk prevention expert, noted that improper emergency responses recur frequently across Dominican construction sites, industrial plants, and mines. In typical incidents, coworkers attempt to move injured colleagues, sit them up, offer water, or transport them in pickup trucks without technical authorization, unaware that their actions create immediate legal consequences.
Robles emphasized that while good intentions are common, the law measures intervention by technical capacity, defined as accredited technical aptitude to act within a specified scope. Interventions carried out beyond that accredited scope transition from helpful assistance into actionable legal faults.
Law 74-25 introduced the omission of assistance as a criminal offense and regulated commission by omission. Under these rules, liability attaches to anyone holding a guarantor position through legal obligations, employment contracts, or the voluntary assumption of protection over individuals or dangerous sites.
Robles stressed that designated brigade members and safety managers who fail to act cannot claim prudence, as non-intervention constitutes criminal omission. He stated that individuals face legal liability for acting improperly as well as for failing to act, making technical competence the only compliant middle ground.
Permitted First Aid and Reserved Medical Procedures
Dominican law permits any individual to perform basic life support maneuvers without specialized credentials. These basic actions include cardiopulmonary resuscitation, controlling hemorrhages, placing an injured person in a safe lateral recovery position, and contacting 9-1-1 emergency services.
In contrast, advanced procedures such as administering medication, suturing wounds, setting fractures, or establishing intravenous lines are legally restricted. Under Law 42-01, these acts constitute professional healthcare practice requiring a formal medical exequatur. Robles warned that an unqualified worker administering an injection commits the illegal practice of medicine regardless of whether the patient recovers.
Workplace safety guidelines under Regulation 522-06 mandate that employers maintain fully equipped first-aid kits and trained personnel to deliver initial assistance. Robles underscored that the regulation requires staff to be properly trained rather than merely appointed, voluntary, or self-selected.
Flaws in Safety Training and Instructor Standards
Robles highlighted widespread flaws in how workplace emergency responders are trained across the country. Companies frequently rely on coworkers who completed courses six years earlier, fire extinguisher vendors offering brief promotional talks, or online platforms issuing text certificates without practical mannequin assessments.
Occupational health and safety training is strictly regulated under Dominican law. Regulation 522-06 defines Occupational Safety and Health Service Providers for risk assessment, advisory, and instruction roles, establishing the National Registry of Providers. Resolution 07-2007 further dictates that registered entities remain accountable to the Ministry of Labor for all services provided.
To ensure regulatory compliance, Robles advised employers to verify five criteria before hiring safety instructors. Companies must confirm active enrollment in the National Registry of Providers, inspect instructor certifications with verifiable accreditation chains, and check recertification dates to avoid outdated resuscitation protocols. Employers must also demand practical performance evaluations instead of simple attendance logs and ensure training matches specific operational hazards, such as mining risks compared to office settings. He added that signing training certificates without evaluating candidates constitutes taking on external risk without cause.
State Oversight and Regulatory Gaps
The General Directorate of Industrial Hygiene and Safety, an arm of the Ministry of Labor, oversees national workplace compliance. The directorate certifies compliant firms, inspects facilities, registers joint health and safety committees, manages the National Registry of Providers, and investigates workplace accidents. It also dictates first-aid kit contents under Resolution 03-2019.
Robles pointed out that official evidence compiled by the directorate following a workplace accident moves directly to judges and public prosecutors. Consequently, the agency acts as the primary producer of evidence used to determine legal responsibility for both companies and designated first responders.
Despite certifying service providers, the state lacks a standardized national curriculum for workplace first responders. The regulatory framework does not establish mandatory training hours, evaluated practical exercises, or periodic recertification requirements, leaving instruction quality to market forces where employers often choose cheap providers to satisfy basic inspection paperwork. Robles noted that the directorate holds full legal authority to issue a mandatory national standard, calling it the most cost-effective intervention available for occupational safety.
Civil Penalties and Corporate Criminal Liability
Injured workers or their families can pursue civil claims under Articles 1382 and 1383 of the Civil Code against individual responders, while Article 1384 applies to employers as principals. Courts judge designated responders strictly against their accredited training records, turning training certificates into primary legal measures of performance.
In addition to civil claims, improper assistance or failure to act can lead to criminal charges for negligent injury, negligent homicide, or commission by omission, alongside administrative penalties up to facility closure. Furthermore, corporate criminal liability rules taking effect on November 5, 2026, will allow prosecutors to indict companies directly rather than treating them solely as civilly liable third parties.
Robles concluded by pointing out that the Dominican Republic lacks a Good Samaritan law, leaving a legislative gap with no legal protections for individuals who render aid in good faith. He cautioned that training emergency personnel is not an optional workplace courtesy, but the most economical safeguard against liability for moving an injured worker improperly.
