Spanish Occupational Hazards Law: Employer & Worker Obligations
Overview
This document summarizes key points of the Spanish Occupational Hazards Law (Law 31/1995), focusing on employer and worker obligations, prevention services, and representation bodies.
Scope and Application
The law applies to:
- Labor relations under the Workers’ Statute Law.
- Civil servants in national or local government with administrative or statutory relationships.
A significant aspect of this law is its application to public administration, encompassing both national and local government employees.
Employer Obligations and Worker Rights
Workers have a right to effective protection regarding safety and health at work, and employers have a general obligation to ensure this protection.
Risk Assessment
Employers must conduct risk assessments:
- Generally, upon opening a workplace or initiating an occupational safety and health program.
- When selecting work equipment, substances, or chemicals; preparing workplaces; or modifying working conditions.
- Following accidents or injuries.
- Periodically, to detect dangerous situations.
Work Equipment and Means of Protection
Employers must ensure:
- Only trained workers use machinery and equipment.
- Means of protection are adequate for the risks, without introducing additional hazards.
- Protective equipment is provided free of charge, fits the workplace conditions, and is adapted to the wearer.
- Use of protective equipment is mandatory.
Information, Consultation, and Participation
Employers must:
- Inform workers about identified risks, preventive measures, and emergency procedures.
- Consult workers on preventive actions.
- Enable worker participation and implementation of safety and health proposals.
Worker Training
Workers must receive sufficient and appropriate theoretical and practical training on safety and health matters.
Emergency Measures
Employers must:
- Analyze potential emergency situations.
- Designate employees responsible for implementing emergency measures.
- Provide appropriate materials for emergencies.
Grave and Imminent Risk
Employers must inform workers exposed to serious risks about the nature of the risk and the measures taken or to be taken. Workers have the right to stop work and leave the workplace if they believe their activity poses a serious and imminent danger to their life or health.
Health Surveillance
Employers must ensure regular health monitoring for workers, considering the risks inherent in their work.
Documentation
Employers must prepare and maintain documents related to:
- Risk assessment and planning of preventive actions.
- Coordination of preventive actions when employees from different employers work in the same workplace.
Worker Obligations
General Obligations
- Duty of self-protection.
- Duty to cooperate with the employer in safety and health matters.
Special Obligations
- Proper use of machinery, equipment, tools, etc.
- Use of provided means of protection.
- Care and maintenance of protective equipment.
- Reporting any critical situation to responsible personnel.
- Compliance with instructions on risks.
- Not disconnecting or misusing safety devices.
- Contributing to the fulfillment of obligations established by the competent authority.
Prevention Services
Alternatives
Employers can choose one of the following options for prevention services:
- Designate one or more workers to handle occupational safety and health issues.
- Establish an internal prevention service.
- Contract an external specialized body for prevention services.
- Personally carry out prevention functions if the company has less than 6 workers.
Representation and Participation Bodies
Works Councils and Staff Representatives
These bodies have the following powers:
- Information.
- Advisory.
- Surveillance and control.
- Agreement.
- Stoppage (in specific cases).
Shop Stewards
Shop stewards have access to the same information and documentation as Works Councils and can attend meetings of internal safety and hygiene bodies.
Prevention Delegates
Prevention delegates represent workers in matters of occupational risk prevention. Their powers include:
- Working with the employer to improve preventive actions.
- Promoting worker cooperation.
- Being consulted on planning, work organization, etc.
- Surveillance and control of prevention measures.
Safety and Health Committee
Companies with 50 or more workers must establish a Safety and Health Committee, composed of prevention delegates and employer representatives in equal numbers. The committee’s responsibilities include:
- Participating in the development, implementation, and evaluation of risk prevention plans and programs.
- Promoting initiatives for effective risk prevention.
- Collaborating with the Labor and Social Security Inspectorate.
Conclusion
The Spanish Occupational Hazards Law establishes a comprehensive framework for ensuring worker safety and health. By understanding their obligations and rights, both employers and workers can contribute to a safe and healthy work environment.