Key Aspects of Occupational Hazard Prevention and Workplace Safety in Spain

Occupational Hazard Prevention Law (Law 54/2003)

Understanding Key Provisions of Law 54/2003

Statement: The reform of the Law on Prevention of Occupational Hazards, Law 54/2003, determines the expansion and identification of new offenses and penalties. That statement is false.

Self-prevention must be integrated into the organization and management of the contracting company.

Conditions for Retaining Prevention Resources

What is the condition requiring the retention of prevention resources within the company?

  • It is a dangerous activity.

Outsourcing in Construction: Fourth Level Subcontracting

When is it considered necessary and justified to outsource to a fourth level of subcontracting in construction?

  • When certain contingencies arise that require specific means and specialization, necessitating recourse to another company.

Consultation with Safety Representatives

On what issues should the employer consult safety representatives, and who should conduct such a consultation?

  • The employer should consult safety representatives on any aspect of the company’s productive activity that may impact the health and safety of workers.

Establishing a Safety and Health Committee

When should a Safety and Health Committee be established?

  • In a workplace with 257 employees.

Appointment of Safety Representatives

Who appoints safety representatives?

  • The representatives of the workers.

Employer Obligations Without Safety Representatives

Does a company meet its preventive safety obligations if there are no safety representatives?

  • Yes, the election of safety representatives is a right of workers and in no way requires the employer to mandate it.

Mandatory Consultation Process

How should the mandatory consultation with safety representatives be performed?

  • In advance and prior to the execution of the employer’s decision.

Structure of a Safety and Health Committee

How is a Safety and Health Committee structured?

  • With an equal number of safety representatives and representatives of the business/employer.

Requirements for Companies with Over 250 Employees

What is required of enterprises with more than 250 employees and activities listed under Annex I of the RSP (Regulations on Prevention Services)?

  • To provide a prevention service.

Forming a Joint Prevention Service

When may several companies form a joint prevention service?

  • If all the above conditions are true, and also if no single company alone has an obligation to provide its own prevention service.

Obtaining the Intermediate Risk Prevention Technician Title

How is the title of Intermediate Risk Prevention Technician obtained?

  • Through two formal education courses, totaling 2000 hours of teaching.

Outsourcing by Companies with Own Prevention Services

A company that has the obligation to provide its own prevention service:

  • May contract out activities not covered by its internal preventive service to another company.

Reporting Safety Representatives to the Employer

For a company whose safety representatives have been selected and reported to the employer by minutes:

  • The employer must provide for the Health and Safety Committee.

Workplace Safety Regulations and Penalties (RD 486/97)

Penalties and Liabilities

In a penalty case involving recidivism, what must be met?

  • All of the above (assuming this refers to previously stated conditions for recidivism).

Other punitive measures may include:

  • Advertising of the penalty.

When is a company jointly and severally liable with the principal contractor or subcontractor?

  • Where the offense occurs in the principal contractor’s workplace.

When does criminal liability apply to the employer?

  • All are correct (implying a list of conditions).

Not observing the standards of protection for workers during pregnancy and lactation is considered a penalty of what severity?

  • Very serious.

Fixed Ladders and Workplace Definition

Regarding fixed ladders for access to jobs:

  • Fixed ladders, such as spiral (snail) ladders, are prohibited.

How does RD 486/97 define a workplace?

  • All areas of the workplace, built or not, in which workers have to stay or access for their work.

What minimum and maximum values does RD 486/97 specifically fix?

  • Temperature.

Confined Spaces Safety

Scenario: We have to enter a confined enclosure with flammable gases for urgent repair of a fault and cannot ventilate to reduce its concentration.

  • Do not enter until sufficient ventilation is provided.

What conditions are dangerous for entry to confined enclosures?

  • The existence of flammable, toxic substances, and/or absence of oxygen.

Manual Handling of Loads

How should we handle a load of 30kg?

  • With mechanical aids or between two people.

Which is a false statement regarding the lifting of loads?

  • “We must inspire to increase pressure.”

Aids for lifting loads can include:

  • Using your body weight to reduce the effort required.

First Aid and Fall Protection

When should a workplace be provided with a unique local guide to first aid?

  • When there are more than 50 workers.

When should anti-fall means be employed in the use of ladders?

  • When the feet are placed over 3.5 meters in height.

Equipment and Machine Safety

What requirements should new equipment meet?

  • All of the above (implies a list of requirements).

What are the doors of an elevator cab?

  • A safety receipt (likely referring to a safety device or interlock).

In hand tools, what is essential?

  • That they are used as intended by the vendor/manufacturer.

What requirements must old equipment meet?

  • Fitness standards.

Scenario: An operator accesses a stopped machine and does not see that a second operator inside is performing a maintenance operation. The first operator closes the door and starts the machine. What is the correct action?

  • The second operator must exit the machine, and only then should it be put into operation.

Storage Safety

In stores, what is taken into account?

  • All previous (implies a list of factors).

Storage type is chosen depending on:

  • The type of merchandise to store.