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regulatory changes to the work of the Health and Safety Coordinators

constantly updated rules to which we are exposed to professionals from diverse sectors is essential a daily dedication to the pursuit of new regulations, updates and repeal by the official bulletins of the various agencies.


On 23 March the Government Gazette published the Royal Decree 337/2010 , 19 March, amending the Royal Decree 39/1997 of 17 January, which approved The Regulations for Prevention Services, the Royal Decree 1109/2007, of 24 August, which implements Law 32/2006 of 18 October, regulating subcontracting in the construction and Royal Decree 1627/1997 of 24 October, laying down minimum safety and health in construction, which entered into force on the day following its publication.

This substantially modifies the Royal Decree Royal Decree 39/1997 of 17 January, approving the Regulations for Prevention Services, introduced important changes regarding the documentation necessary preventive in companies according to the number of workers , and mainly regarding accreditation requirements for organizations that want to develop work as external prevention services. Among others, the most notable is the need for accreditation in all four preventive specialties, also having a senior technician for each technical specialty and a medical degree and a diploma in nursing for the medical discipline.

As the activity developed by engineers and technical engineers as Health and Safety Coordinators, the main object of these notes, the most important aspects to consider from the entry into force of this Royal Decree are the following:

• In the Book of Outsourcing must be registered technicians performing the work of Health and Safety Coordination in the implementation phase as well as possible changes during the duration of the work.

already gathered in the Book of subcontractors who or who were the coordinators. From now on it should reflect the possible changes of coordinator, if it occurs.

• Opening communication work performed prior to commencement of work. Keep in mind that this opening should already be dealt with only the contractors and subcontractors that could not exist.

no longer permitted, therefore, within thirty days from the commencement of work for the implementation of this administrative proceeding.

• It repeals Article 18 of Royal Decree 1627/1997 of 24 October, laying down minimum safety and health in construction, which governed the drafting of notice by the promoter of the work. Therefore, it is no longer the responsibility of the developer writing this document. This document no longer exists.

• All references in the legal system on notice, we must understand the communication made on Opening workplace. For example, to the diligence of the Book of Outsourcing is no longer necessary to refer to the Prior Notice Opening but workplace.

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Modifications of provisions relating to health and safety caused by the Omnibus.

known as the Omnibus Act or Law 25/2009, of December 22, amending various laws to adapt to the Law on free access to activities and exercising, many provisions affecting everyday. Within

Proceedings relating to the undertakings in the field of labor and Social Security, Article 7. Amendment of Royal Decree-Law 1 / 1986 of 14 March, on urgent administrative, financial, fiscal and labor, added a paragraph 3 of Article 6 of Royal Decree-Law 1 / 1986, with the following wording:

"3. In the construction works within the scope of application of Royal Decree 1627/1997 of 24 October, laying down minimum safety and health in construction, open communication in the workplace must be given prior to commencement of work and shall be made only by employers who have the status of contractors under the law indicated the developer must ensure compliance with the obligation on the contractor. "

This new paragraph clarifies one of the classic questions that appeared in monitoring the obligations of the companies involved in construction work by the coordinators on Safety and Health in progress.

So far, the literal wording of the rules could be deduced that all companies involved in a particular action was required to make a workplace open, informing the Education Authority, the work that would take place, dates, number of employees, etc ... In these circumstances, in a construction site in which to intervene a parent company and twenty subcontractors, should be made 21 starts in the workplace. This modification

contractors only, ie those who take contractually to the promoter, human and material resources, own or others, a commitment to implement all or part of the works subject to the project and the contract.

seems that coordination safety and health must take control of subcontractors involved in the work as rigorously as the administration will not have any prior information of the companies that collaborate in the various phases of work from the wording of Prior Notice initial. Nor will the Labour Authority with a copy of the health and safety plans written by these subcontractors as they ravage the opening act of the workplace.

The Act also amends Law 25/2009 31/1995 of 8 November, the Occupational Health and Safety in Article 8.

A new paragraph 5 of Article 5 with the following Editor:

"5. Policy of risk prevention should promote the effective integration of prevention of occupational risks in the management system of the company.

Similarly, the policy on safety and health at work will take into account the needs and difficulties of small and medium enterprises. To this end, in the process of drawing up the general provisions on the prevention of occupational hazards must include a report on its implementation in small and medium businesses including, where appropriate, the special measures for these are contemplated '.

was again stressed the need to integrate preventive management systems into the mainstream of the organization by focusing on small businesses must have a specific treatment on the provisions they are published from this time.

A new paragraph 2 in Article 16, which reads as follows:

"2 bis. Companies, depending on the number of workers and the nature and danger of the activities, the plan may make risk prevention, risk assessment and planning preventive activities in simplified form, provided that this does not a lower level of protection of safety and health of workers and the terms that are determined. "

appears, interpreting the wording of new paragraph, a new figure: Simplified Prevention Plan, which shall be controlled in both its minimum contents as companies can access them.

Paragraph 5 of Article 30 is amended as follows:

"5. In companies with up to ten workers, the employer may personally assume the functions outlined in paragraph 1 provided that routinely develop their activity in the workplace and has the capacity, depending on the risks to which workers are exposed and dangerous activities, to the extent it is determined in the provisions referred to in Article 6.1.e) of this Act "

to the date of entry into force of this Act, the employer could be personally and prevention activities in companies with fewer than six workers.

This amendment expands the number of companies that may choose this preventive modality. It is important to note that in Spain the number of companies that can fit into this category is 3,170,466, that is 94.47% of English companies.

These companies, those activities related to safety at work, Industrial Hygiene and Ergonomics and Psychology can be taken by the employer, are liable to be assisted by prevention specialists, which in principle should not be external prevention services, they simply would make a technical advisory work.

The provisions on safety and health suffer more changes related to the functions of external prevention services, audit institutions and training. In essence, these changes are reduced to:

• The natural or legal persons wishing to engage in systems audit prevention should have a single authorization of the valid work for Spain. Applications shall mean dismissed by administrative silence.

• Prevention services should have the means to develop preventive activities guarantees to ensure the protection of safety and health of workers. External prevention services should have the accreditation required by management and insurance policy to cover liability. The absence will lead to the rejection of the accreditation process.

• Companies seeking to develop training activities on safety and health must prove his statement by responsible.

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New laws, new challenges.

In recent months there has been a normative revolution in the field of professional services, where basically Industrial Engineers develop our professional work.

laws and Buses Umbrellas dot the pages of the media, often promoting misinformation or dismissal from the readers. Let

summarize what they are, what their purpose and how they will affect colleges and professionals who provide these services.


Umbrella Act.

If you have thought of doing a search on the website of the Official Gazette in this field (umbrella) may not have obtained a satisfactory response. There is, of course, a law under this heading. This Official Bulletin of 24 November 2009 published the Law 17/2009 of 23 November, on free access to activities and exercising.

This Act transposes into English law Directive 2006/123/EC on services in the market, which lays down general principles applicable to the rules governing access to activities and exercising them within the European Union.

This Act, known colloquially as it tries to protect umbrella under his coat all regulations of the service sector, aims to simplify administrative procedures, promoting both the quality of services provided by professionals from a framework more transparent regulatory conducive to economic activity.

Law 17/2009 applies to all services performed in exchange for financial consideration offered or provided on English territory by providers established in Spain or in any other state in the Union. The general objectives of the Act are:

• Promotes the freedom of establishment for service providers.

• Simplify administrative procedures.

• Establish channels of communication between service providers, clients and professional associations.

• Try to raise the quality of services rendered.



Why is this law important? The services sector, particularly the professional services sub-sector is of vital importance in the English economy. According to the Ministry of Economy, generates 8.8% of GDP and accounts for 6.1% of total employment. For reference of what this percentage is enough to know that the auto manufacturing subsector in Spain, sector strategic focus of many policies of support and clear policy objective of promoting and strengthening employment, accounted for 4.9% of GDP in 2007 and 3.5% of GDP in 2008.

The professional associations in Spain are around a million, accounting for 30% of employment of university graduates.

This Act will affect the daily work performed by many professionals, generating wealth and employment.



Omnibus. Nor is there a

Omnibus. The BOE of 23 December 2009, published the Law 25/2009, of December 22, to amend various laws to adapt to the Law on free access to activities and exercising.

amending 48 articles in its 48 state-level laws, and imposes an obligation on the autonomous adaptation of countless laws, decrees and other local. Include the following:

- Amendment of Act 2 / 1974 of 13 February on Professional Associations. You

Schools are corporations with the obligation to order the professions, states that licensing is mandatory to practice if it is provided a State Law, stipulates that college fees may not exceed the costs associated with handling registration; regulates the obligation to have Web access to stop and the drafting of an annual report.

regarding endorsement of the work of the technical professions states that endorse those papers, or when required by the customer, including this paragraph to the authorities, either when it established a Royal Decree, based on the causal relationship can be established between the professional and the effect on the physical integrity and security of person, or if it is established that the visa is the most proportionate means of control. The cost of this visa will have a reasonable cost.

When work is Ibsen, the College will have responsibility subsidiary to damage from work visa.

- Modification of Law 21/1992 of July 16, industry.

The freedom of establishment for the installation, expansion and relocation of industrial activities, as reflected the 1992 Act, establishing the need to reduce the administrative procedures necessary for that purpose. Further provides that the communication or statement of responsibility enabled from the date of submission for the development of the activity.

About Safety Regulations, additionally, that the regulations required to have compulsory professional indemnity insurance for individuals and companies involved in the project, management, implementation, maintenance or facility maintenance.

It rearranges the work of establishing control agencies which may be natural or legal persons, or professionals or companies.

can modify provisions on the prevention of occupational hazards of professional societies, Metrology and Patents, private security, building management, outsourcing the construction sector. On mines, electricity sector, oil sector, aviation, railways ...

A law should be read carefully they are regulating many aspects and sectors affected.

How policy can affect the development of these laws?

Following the publication of these laws, along with the regulations issued by the State government - in Castilla y León Decree Law 3 / 2009 of 23 December, on measures to Promote Service Activities in Castilla y León - have emerged reviews of all types, predicting the demise of visas for professional jobs, reduced income from schools and the automatic disappearance of the same.

To date we are not aware of the provisions to be published and a sense of same so everything is speculation more or less interested.

anyway we study the different scenarios that may arise in the near future:

Hypothesis 1 .- The visa is not required.

In the event that the professional work visa are not required, it is likely that some of the current collegiate endorse stop work on the pretext of saving costs in performing them. It is even possible that many of these colleges will no longer belong to professional associations claiming that it is no longer necessary for the exercise of their professional work.

is also right to think, moreover, that many professionals will aiming to work as a plus for their quality, and as a further guarantee to its customers, resulting in collegial support in case of problems of employment stamped by the school. Revenues will suffer a restructuring schools.

The College shall, as we're doing it stealthily but steadily, increasing the services it provides to its members: job, shift work, professional editing, technical publications and journals, privileged access to technical training, collective strengths in insurance and financial institutions, mutual training, etc ...

schools should become the benchmark for activity professional in quality assurance of the work developed and guarantors of the qualifications of their members, a guarantee for the company and for customers who require the services of professionals.

Hypothesis 2 .- The visa is required. Work will

would endorse as usual, possibly alluding to the cause and effect relationship between the quality of the work performed and the safety of persons.

Even with this scenario continues Schools facing a restructuring with the objective of increasing provision of these services to its members and society in general.


one way or another should wait the development of events and meet future changes, if any should if any ... as a new challenge and an opportunity for the development of our corporations and our collegiate careers.