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Item: Labor law -> Category: Employment -> Author: PF -> Revision: 14/05/2008
Occupational risks (Spain)

The term occupational hazard anyone who may affect the safety and health of workers as a result of the work, machinery or tools that handle and place in which they find themselves doing their job.

 

Measures for preventing occupational hazards are all aimed at eliminating or reducing risks to the health and safety of workers.

 

The government regulation on the prevention of occupational hazards is on the Law 31/1995, on November 8, which aims to promote and enhance security measures at the workplace and to reduce the number of victims.

 

Public Bodies

 

In addition to the Ministry of Labor, there are other state government agencies that have responsibilities in this area:

 

·  National Institute of Occupational Safety and Health at Work: body that specializes in the study of occupational hazards that affect workers.

 

·  Inspection of Labor and Social Security: body responsible for ensuring compliance with laws on the subject. It is responsible for informing the companies and workers on how to avoid risks to their health and safety.

 

·  National Commission on Safety and Health at Work: help in creating prevention policies. It is composed of representatives of the government, the regional governments and trade unions and business.

 

Business Organizations

 

In addition to these government bodies within the companies themselves must exist teams and aid organization of accident prevention regulations. These may be formed by employees of the company, organization or outside it by the employer when the company has fewer than six workers.

 

Delegates Prevention are responsible for representing workers within the company on matters of job security. In addition, companies with more than 50 workers will be mandatory formation of a Health and Safety Committee.

 

Obligations of the employer

 

The employer is obliged at all times to care for the health and safety of their workers by adopting such steps as may be necessary at a given moment and those stipulated by the law, including:

 

·  Create a prevention plan and have the necessary means for its implementation and development.

 

·  Know and analyze the risks that may arise from the activity performed by their employees and try to avoid or reduce.

 

·  Subjecting workers to the health controls necessary with their consent, depending on the activity performed.

 

·  Have contingency plans against fires or other risk in order to prevent damage in case of any unforeseen developments.

 

·  Always inform their employees about the risks, preventive measures and appropriate behaviors to avoid.

 

·  Providing the necessary training to their employees on how to prevent occupational hazards, using equipment that can entail risks and other actions designed to improve their safety and health conditions within the work.

 

Obligations of worker

 

The obligations of Health and Safety at Work affect not only businessmen but also to the workers themselves to be met under the law as follows:

 

·  Taking reasonable care of their own safety.

 

·  Comply with the standards of prevention which have been communicated.

 

·  Respecting the rules prescribed for use of machinery, transfer of goods or carrying out any other activity that could pose a danger.

 

·  Use protective equipment assigned to them.

 

·  Inform if it detects any danger.

 

Worth noting

 

Failure by employers of their obligations to prevent them working entail various penalties that range from administrative to criminal, depending on the severity of the rules and damage that negligence may have caused.

 

Remarks

 

The competent labor authorities conducted an inspection to assess the safety and health of the industrial facilities available in a single company. If there are obstacles, it gives the company a certificate of risks.




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