LAW OF PREVENTION OF LABOR RISKS

CHAPTER III “RIGHTS AND OBLIGATIONS”

Art. 14 Right to protection against occupational risks

 Information.
 Stake
RIGHTS  Consultation
 Training in preventive matters.
 Stoppage of activity in case of serious and imminent risk.
 Monitoring your health status.

Art. 15 Principles of preventive action

The general principles to apply the measures that make up the duty of prevention are:

 Avoid risks
 Evaluate the risks that can not be avoided.
 Combat the risks at source.
 Adapt the job to the person.
 Take into account the evolution of technology.
 Replace what is dangerous with what is little or no danger.
 Plan prevention, work organization, work conditions, social relationships and the
influence of environmental factors at work.
 Adopt measures that put collective protection before individual protection.
 Giving appropriate instructions to workers.

Art. 16 Risk assessment

The preventive action of the company will be planned by the entrepreneur

Based on an evaluation of the risks to the safety and health of workers, taking into
account the nature of the activity and in relation to those who are exposed to special
risks.

The same evaluation must be done on the occasion of:

Choice of work
Conditioning of workplaces
equipment

Choice of chemical
substances or
preparations
 When working conditions change . It will be
The evaluation will be updated submitted to consideration and reviewed, on the
occasion of any health damage that has occurred.

The employer will carry out those prevention

If the results of the evaluation activities that guarantee a higher level of
make it necessary protection of the safety and health of workers.

These activities must be They must be modified when the employer

integrated into all of the determines, as a result of periodic controls, their
company's activities and at all inadequacy for the required protection purposes.
hierarchical levels of the
company and

Art.18 Information, consultation and participation of workers

The employer has the duty to report on:

 Safety and health risks .

 The applicable protection and prevention measures and activities .
 The emergency measures adopted.
 All issues that affect safety and health at work .

Art.19 Training of workers

The employer must guarantee that each worker receives sufficient and appropriate theoretical and
practical training in preventive matters.

 At the time of contracting, whatever the modality or duration of the contract.

 When changes occur in the functions performed.
 New technologies or changes are introduced in work equipment.

Art. 20 Emergency measures

The entrepreneur, taking into account the size, the activity of the company and the possible presence
of people outside the company, must:
Analyze possible emergency situations

Adopt the necessary first aid Designating for this purpose the
measures , fire fighting , personnel in charge of putting these
evacuation of workers. measures into practice, periodically
checking their correct operation.
 Art. 21 Serious and imminent risk

When workers are or may be exposed to a serious and imminent risk during their work, the employer
will be obliged to :

Inform workers as soon as Adopt the measures and give the
possible about: necessary instructions so that, in
the event of serious, imminent and
unavoidable danger, workers
The existence of said risk.
Of the measures adopted or
They can interrupt their activity
that should be adopted in
and, if necessary, immediately leave
matters of prevention.
the workplace.
Have everything necessary so that the
worker who cannot contact his or her
hierarchical superior in the event of a
situation of serious and imminent danger
for his or her safety, that of other
workers, or that of third parties to the
company
They are in a position to take the
necessary measures to avoid the
consequences of said danger.

Art. 22 Health monitoring

The employer will guarantee the workers at his service, periodic monitoring of their health status
based on the risks inherent to the work.

It can only be carried out when the worker gives his consent .

EXCEPTION Following a report from the workers' representatives, the cases in which the recognitions are
carried out are:

 Essential to evaluate the effects of working conditions on workers' health.

 To verify whether the worker's health status may constitute a danger to himself,
to other workers, or to other people related to the company.
 When this is established in a legal provision with the protection of specific risks
and especially dangerous activities.

Art. 23 Documentation

The employer must prepare and keep at the disposal of the labor authority and health authorities :

o Risk assessment and preventive action planning .

o The protection and prevention measures to be adopted, and, where appropriate, protective
material to be used.
o Result of periodic controls of working conditions
o Practice of health status checks of workers.
o List of work accidents and occupational diseases that have caused the worker to be unable to
work for more than one day of work.

Art 24 Coordination of business activities

When activities of workers from two or more companies are carried out in the same workplace, they
must cooperate in the application of the regulations on occupational risk prevention, establishing:

 The necessary means of coordination regarding the protection and prevention of occupational
risks.
 Information about them to their respective workers (section 1, art.18)

Art. 25 Protection of workers especially sensitive to certain risks

The employer will guarantee the protection of workers who, due to their own characteristics,
biological status, disability, etc., are especially sensitive to the risks derived from work.

Art. 26 Maternity protection

The risk assessment will take into account the exposure of workers who are pregnant or have recently
given birth .

If the evaluation reveals a risk to health and safety or a possible impact on pregnancy or
breastfeeding, the employer will adopt the necessary measures to avoid exposure to said risk through
an adaptation of working time conditions.

If the working time conditions are not possible and the doctor certifies that there may be a risk, the
affected worker may perform a different job compatible with her condition , maintaining her current
remuneration.

Art. 27 Protection of minors

The employer must evaluate those positions that are going to be performed by underage workers.
The evaluation will take into account the specific risks to the safety , health and development of
young people derived from their lack of experience and immaturity.

The employer will inform said young people and their parents or guardians who have been involved in
the contracting of the possible risks and of all the measures adopted to protect their safety and
health.

The Government will establish limitations on the hiring of young people under 18 years of age in
jobs that present specific risks.

Art. 28 Temporary, fixed-term employment relationships and temporary employment companies.

Workers with temporary or fixed-term employment relationships, as well as those hired by temporary
employment companies, must enjoy the same level of protection in terms of safety and health as the
other workers of the company in which they provide their services.

Art. 29 Obligations of workers regarding risk prevention

It is up to each worker to ensure , according to their possibilities and through compliance with the
prevention measures that are adopted in each case, for their own safety and health at work and for
that of other people who may be affected by their professional activity.
 Workers , in accordance with their training and following the instructions of the employer, must :
1. Properly use machines , devices , tools , dangerous substances, transportation equipment,
etc.
2. Correctly use protective means and equipment .
3. Do not put out of operation and use the existing safety devices correctly .
4. Immediately inform your direct line manager about any situation that, in your opinion,
entails , for reasonable reasons, a risk to the safety and health of workers.
5. Contribute to the fulfillment of established obligations in order to protect the safety and
health of workers at work.
6. Cooperate with the businessman.

CHAPTER V “ CONSULTATION AND PARTICIPATION OF WORKERS ”

Art. 33 Workers' consultation

1. The employer must consult the workers with due advance notice when making decisions regarding:

a) Planning and organization of the company's work and the introduction of new
technologies.
b) Organization and development of health protection activities.
c) The designation of the workers in charge of said activities.
d) Information and documentation procedures .
e) The project and organization in preventive matters.
f) Any other action that could have substantial effects on the safety and health
of workers.

Art. 34 Rights of participation and representation

Workers have the right to participate in the company in matters related to risk prevention.

Who is responsible for defending the interests of workers ?

Workers Statute
To the Company Committees

To the Prevention Law on Representative Bodies of

Delegates Personnel at the Service of the AA.PP

To union representatives Organic Law of Freedom of

Association

Art.35 Prevention Delegates

They are the representatives of workers with

specific functions in terms of risk prevention .
Prevention
Delegates

They will be appointed by and among staff representatives.

 Number of workers Prevention Delegates
Companies with up to 30 workers THE PERSONNEL DELEGATE
Companies with 31 to 49 workers Elected by and among the Personnel Delegates
From 50 to 100 workers TWO DELEGATES
From 101 to 500 workers THREE DELEGATES
From 501 to 1000 workers FOUR DELEGATES
From 1001 to 2000 workers FIVE DELEGATES
From 2001 to 3000 workers SIX DELEGATES
From 3001 to 4000 workers SEVEN DELEGATES
From 4001 onwards EIGHT DELEGATES

Art.36 Competencies and faculties of Prevention Delegates

A) Collaborate with company management to improve preventive

action.
B) Promote and encourage the cooperation of workers in the
execution of regulations on the prevention of occupational
risks.
COMPETENCES
C) Be consulted by the employer, prior to execution, about the
decisions established in article 33.
D) Carry out surveillance and control over compliance with
occupational risk prevention regulations.

A) Accompany technicians in preventive evaluations of the work

environment.
B) Have access to the limitations provided in art. 22.4
C) Have access to information and documentation related to the
working conditions necessary for the exercise of their functions.
D) Be informed by the employer about the damages caused to the
workers and their circumstances.
FALCULTIES
E) Receive from the employer information obtained from third parties
or organizations.
F) Carry out visits to workplaces to carry out surveillance and control
of their status.
G) Request from the employer the adoption of preventive measures
and to improve the levels of protection of the safety and health of
workers.

Art.35 Health and Safety Committee

It is the joint , collegiate and participatory body intended for regular and periodic consultation of
the company's actions in terms of risk prevention .
 A Health and Safety Committee will be established in all companies or work centers that have more
than 50 workers .

It will be formed by an equal number of:

ENTREPRENEUR PREVENTION
AND/OR HIS DELEGATES
REPRESENTATIVES

The Health and Safety Committee
will adopt its own operating rules and
will meet :
Quarterly basis
Whenever requested by any of the
representatives of the Committee

Companies with several work centers equipped with a Health and Safety Committee may agree with
their workers on the creation of Intercenter Committees with the functions that the agreement
attributes to them.

COMPETENCES

ELABORATION
OF THE COMPANY'S RISK
Participate in
PUT INTO PRACTICE PREVENTION PLANS AND
the
PROGRAMS
ASSESSMEN
T

POWERS

 Know directly the situation related to risk prevention in the workplace, carrying out the

appropriate visits for this purpose.

 Know how many documents and reports related to working conditions are necessary to fulfill

your duties.

 Know and analyze the damage caused to the health and physical integrity of workers in order

to assess its causes and propose appropriate measures.

 Know and report the annual report and programming of prevention services.