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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