Law on the prevention of occupational risks PDF

# **Law on the prevention of occupational risks** ## **Chapter II. Prevention** ### **Article 19. Training of workers.** 1. In compliance with the duty of protection, the employer must ensure that each worker receives appropriate theoretical and practical training in preventive matters, both at...

# **Law on the prevention of occupational risks** ## **Chapter II. Prevention** ### **Article 19. Training of workers.** 1. In compliance with the duty of protection, the employer must ensure that each worker receives appropriate theoretical and practical training in preventive matters, both at the time of hiring, regardless of the type or duration of the contract, and whenever there are changes in the functions performed or new technologies or changes in work equipment. 2. Training must be focused specifically on the job or function of each worker, adapt to the evolution of risks and the emergence of new ones, and be repeated periodically if necessary. ## **Article 20. Emergency measures.** The employer, taking into account the size and activity of the company, as well as the possible presence of people outside the company, must analyze possible emergency situations and adopt the necessary measures in relation to first aid, firefighting and evacuation of workers, appointing the personnel in charge of putting these measures into practice and checking periodically, if applicable, their correct functioning. This personnel must have the necessary training, be sufficient in number and have the appropriate material, according to the circumstances mentioned above. ## **Article 21. Serious and imminent risk.** 1. When workers are or may be exposed to a serious and imminent risk in connection with their work, the employer must: 1. Inform as soon as possible all the affected workers about the existence of such risk and the measures taken or that, in their case, must be taken in relation to protection. 2. Take the necessary measures and give the necessary instructions so that, in case of serious, imminent and unavoidable danger, workers can interrupt their activity and, if necessary, leave the workplace immediately. In this case, workers cannot be required to resume their activity while the danger persists, except for duly justified reasons of safety and determined by regulation. 3. Make the necessary arrangements so that the worker who cannot contact his superior, in the face of a serious and imminent danger to his safety, that of other workers or that of third parties to the company, is in a position to adopt the necessary measures to prevent the consequences of such danger, taking into account his knowledge and the technical means available to him. 2. In accordance with the provisions of Article 14.1 of this Law, the worker shall have the right to interrupt his activity and leave the workplace, if necessary, when he considers that such activity involves a serious and imminent risk to his life or health. 3. When, in the case referred to in Article 1.1 of this article, the employer does not adopt or does not allow the adoption of the necessary measures to guarantee the safety and health of the workers, their legal representatives may, by a majority of their members, decide to stop the activity of the workers affected by such risk. Such agreement shall be immediately communicated to the company and to the labour authority, which, within twenty-four hours, shall annul or ratify the agreed-upon stoppage. 4. Workers or their representatives shall not suffer any prejudice whatsoever as a result of the adoption of the measures referred to in the preceding paragraphs, unless they have acted in bad faith or committed serious negligence. ## **Article 22. Health surveillance.** 1. The employer shall guarantee to the workers at his service the periodic surveillance of their health status in relation to the risks inherent to their work. 2. Surveillance shall only be carried out with the worker's consent. This voluntary nature shall only be excepted, upon a report by the workers' representatives, in cases where carrying out the assessments is essential to evaluate the effects of working conditions on the health of workers or to verify if the worker's health status may constitute a danger to himself, to other workers or to other persons related to the company or when so established in a legal provision in relation to the protection of specific risks and activities of special hazard. 3. The measures of surveillance and control of the health of workers shallbe carried out always respecting the right to privacy and to the dignity of the person of the worker and the confidentiality of all information related to his health status. 4. The results of the surveillance referred to in the preceding paragraph shall be communicated to the affected workers. 5. Data relating to the surveillance of the health of workers may not be used for discriminatory purposes or to the detriment of the worker. 6. Access to medical information of a personal nature shall be limited to medical personnel and health authorities who carry out the surveillance of the health of workers, without it being possible to provide it to the employer or other persons without the express consent of the worker. 7. Notwithstanding the foregoing, the employer and persons or bodies responsible for prevention shall be informed of the conclusions drawn from the examinations carried out in relation to the worker's suitability for performing the job or in relation to the need to introduce or improve preventive protection and prevention measures, so that they can properly perform their functions in preventive matters. 8. In cases where the nature of the risks inherent to the work makes it necessary, the right of workers to the periodic surveillance of their health status shall be extended beyond the termination of the employment relationship, under the terms to be laid down by regulation. 9. Health surveillance and control measures for workers shall be carried out by qualified health personnel with technical competence, training and proven ability. ## **Article 23. Documentation.** 1. The employer shall draw up and keep at the disposal of the labour authority the following documentation relating to the obligations established in the preceding articles: 1. Occupational risk prevention plan, in accordance with the provisions of Article 16.1 of this Law. 2. Assessment of risks to the safety and health of workers at work, including the results of periodic checks of working conditions and worker activity, in accordance with the provisions of Article 16.2.a of this Law. 3. Planning of preventive activity, including the protection and prevention measures to be adopted and, if applicable, the protective equipment to be used, in accordance with Article 16.2.b of this Law. 4. Practice of health status checks for workers provided for in Article 22 of this Law and conclusions obtained from these checks in the terms laid down in the last paragraph of Article 22.4 of this Law. 5. Register of occupational accidents and occupational diseases that have caused the worker to be off work for more than one day. In such cases， the employer shall also carry out the notification referred to in Article 23.3. 2. Upon termination of their activity, companies shall submit to the labour authority the documentation mentioned in the preceding paragraph. 3. The employer shall be obliged to notify in writing to the labour authority any damage to the health of workers at his service which may have occurred in connection with the performance of their work, in accordance with the procedure to be determined by regulation. 4. The documentation referred to in this article shall also be made available to the health authorities so that they can comply with the provisions of Article 10 of this Law and Article 21 of Law 14/1986, of 25 April, General Health Act. ## **Article 24. Coordination of business activities.** 1. When workers from two or more companies carry out activities in the same workplace, these companies shall cooperate in the application of the regulations on the prevention of occupational risks. To this end, they shall establish the means of coordination that are necessary in respect of the protection and prevention of occupational risks and information on such risks to their respective workers, in accordance with the provisions of Article 18.1 of this Law. 2. The employer responsible for the workplace shall adopt the measures necessary to ensure that other employers who carry out activities in his workplace receive the necessary information and instructions, relating to the risks existing in the workplace and to the protection and prevention measures concerned, as well as on the emergency measures to be applied, for their transmission to their respective workers. 3. Companies that contract out or subcontract with other companies the performance of works or services corresponding to their own activity and carried out in their own workplaces shall be responsible for ensuring compliance by such contractors and subcontractors with the occupational risk prevention regulations. 4. The obligations set out in the last paragraph of Article 41.1 of this Law shall also apply in relation to contracted operations, in cases where the workers of the contracting or subcontracting company do not provide services at the workplaces of the principal company, provided that such workers have to operate with machinery, equipment, products, raw materials or tools provided by the principal company. 5. The duties of cooperation and of information and instruction set out in paragraphs 1 and 2 shall apply in respect of self-employed workers who carry out activities in such workplaces. 6. Added by Law 54/2003, of 12 December. The obligations laid down in this article shall be developed by regulation.