Prevention of occupational hazards in Spain
Certain health security and hazard prevention services are required at each work center, in compliance with Spain's Law 31/1995 regarding the Prevention of Occupational Hazards.
Workplace inspections first began at a time when Spain was dealing with significant changes in policies regarding the workplace. The first government program was of a solely informative nature. Next, the government began penalizing companies, but there were no sanctions if the company could show it was in the process of hiring risk prevention services. Currently, following a workplace inspection, companies are now sanctioned if they do not have an occupational hazard prevention plan in place.
The infractions that can result in fines (Articles 12 and 13 of TRLISOS) are as follows:
| Infraction | Type of infraction | Minimum fine | Average fine | Maximum fine |
|---|---|---|---|---|
| The use of workers in positions where the work conditions are incompatible with the worker's physical or psychological capacities. | Serious | 2046€ to 8195€ | 8196€ to 20,490€ | 20,491€ to 40,985€ |
| Not performing a regular medical exam for the workers, or not communicating the results of the exam with the workers. Not properly archiving the results of the workers' medical evaluations or reports. Not following through on an investigation when a case arises showing that a worker's health has been affected, or there is evidence that the preventative measures have been insufficient. | Serious | 2046€ to 8195€ | 8196€ to 20,490€ | 20,491€ to 40,985€ |
| The same as the first case, but where there is grave or imminent risk to the health and security of the workers. | Very serious | 40,986€ to 163,955€ | 163,955€ to 409,890€ | 409,891€ to 819,780€ |
| Breaching the confidentiality of a worker's health data. | Very serious | 40,986€ to 163,955€ | 163,955€ to 409,890€ | 409,891€ to 819,780€ |
Additionally, we have to take into consideration what article 197.2 of the LGSS establishes: The company's failure to follow through on previous or regular medical examinations will make the company directly responsible for any sickness that is shown to be derived from the workplace.
The law has even determined the imposition of a surcharge on earnings (of between 30% and 50%) to the business owner for not promoting the health security of their employees (STSJ Social Room of Andalucía 16/04/2009 and STSJ Social Room of Cataluña 18/04/2006).
Articles:
Government compliance in Spain
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