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Resolution Of June 10, 2011, Of The Secretariat Of State Of The Security Social, That Establishing The Criteria And Priorities To Be Applied By The Mutual Of Accidents At Work And Occupational Diseases Of Social Security In The Pl...

Original Language Title: Resolución de 10 de junio de 2011, de la Secretaría de Estado de la Seguridad Social, por la que se establecen los criterios y prioridades a aplicar por las mutuas de accidentes de trabajo y enfermedades profesionales de la Seguridad Social en la pl...

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TEXT

Order TAS/3623/2006 of 28 November 2006 regulating preventive activities in the field of social security and the financing of the Foundation for the Prevention of Occupational Risks, in Chapter II of the preventive activities to be carried out by the mutual occupational accidents and occupational diseases of the social security system and in Article 3.2 of the Treaty, it confers on the Secretariat of State of Social Security the establishment of the criteria and priorities for the development of those activities, all in accordance with the proposals and objectives established by the General Secretariat for Employment or arising from the Spanish Strategy for Safety and Health at Work for the period 2007-2012, approved by the Council of Ministers on 29 June 2007 as an instrument for establishing the framework for the In addition to the general policy of prevention of occupational risks in the short, medium and long term, as well as to provide coherence and rationality to the actions in the field of safety and health in the work carried out by all the relevant actors in the prevention of occupational risks.

The objectives of the Strategy are articulated in two major areas: one that sets out the objectives set for the improvement of prevention systems in enterprises and another in which policy objectives are set public authorities with a view to the prevention of occupational risks, the coordination of public administrations with competence in this field and the strengthening of public institutions dedicated to the prevention of such risks.

In this context, the resolution is to comply with the above mentioned forecasts, in order to rationalize the destination of the resources that are dedicated to the development of preventive activities in the field of Social Security part of the mutual funds during the year 2011. Following the segregation of the activities of the mutual societies as non-foreign prevention services and taking into account the preventive action of the Social Security carried out through the Foundation for the Prevention of Occupational Risks and the In the case of the National Institute for Safety and Hygiene at Work, which is financed in these cases with the Fund for Prevention and Rehabilitation, the commitment to mutual assistance of the maximum amount of the quotas is not necessary. professional contingencies provided for in Article 3.1 of that Order TAS/3623/2006 of 28 November 2006; taking into account that the management entities of the system do not carry out preventive activities for their population protected by professional contingencies because the prevention of social security is done by the indicated channels.

In line with the above, similar to how it has been done in recent years and to give continuity to the criteria and priorities of action of the mutual years of previous years, the same must be oriented towards objectives information and awareness-raising to the actors involved, the study and analysis of the situation and the causes of the accident and the collaboration with the administration of social security in the maintenance of the information system, notification and registration of occupational diseases and in the development of assessment programmes and on the day of the listing of these diseases.

Moreover, in those autonomous communities whose Statutes of Autonomy attribute to them the shared competence of coordination of the activities of prevention of occupational risks carried out by the mutuals in their territory, the development of these activities is envisaged in accordance with the criteria and priorities set out in this resolution, in the absence of determination and communication by the autonomous community to those mutuals and to the Ministry of Labour and Immigration, the maximum period of two months, of the preventive activities to be carried out by those in territory, susceptible to development in the field of Social Security.

Consequently, this Secretary of State for Social Security, in accordance with the powers conferred by Order TAS/3623/2006 of 28 November 2006, issued in accordance with Articles 68.2.b) and 73 of the Consolidated text of the General Law on Social Security, adopted by the Royal Legislative Decree 1/1994 of 20 June, and in Articles 13 and 66.1 of the Regulation on the collaboration of mutual occupational accidents and diseases of the Social Security, approved by Royal Decree 1993/1995, of December 7, has resolved the the following in relation to the preventive activities to be carried out during the year 2011 by the mutual accidents of work and occupational diseases of Social Security in the field of Social Security:

First. Financing of preventive activities to be developed by mutual societies.

In accordance with the provisions of Article 3.1 of Order TAS/3623/2006 of 28 November 2006, the preventive activities referred to in this resolution shall be financed by the mutual work of accidents at work and diseases (i) occupational safety and social security with the available budgetary resources for the year 2011, without the expenditure intended to be implemented by each of the Member States being able to exceed 0.5% of their income from contingency fees; This is a limitation to which the development of the plan will have to be adjusted in any case.

Second. Preventive activities to be developed by mutual societies.

The plan of preventive activities planned by each mutual must have guidelines that will pursue the effectiveness and efficiency of the preventive activity, so that the use of the public resources available to the (a) to improve the safety and health of workers, and to improve the quality of life and the health and safety of workers, and to improve the quality of life and the health and safety of workers, and to improve the quality of life. the development of these activities may, in accordance with the provisions of Article 2 of the Order TAS/3623/2006 of 28 November 2006 the replacement of undertakings in the fulfilment of the obligations laid down in Law 31/1995 of 8 November of the Prevention of Occupational Risks.

Third. Criteria and priorities to be applied by each other in the planning of their preventive activities.

In accordance with the provisions of Chapter II of Order TAS/3623/2006 of 28 November 2006, the following criteria and priorities are laid down for the mutual planning of preventive activities to be carried out by in 2011:

1. To promote in companies up to 10 workers, where the employer assumes the preventive activity, policies in the field of prevention of occupational risks that allow to promote the effective integration of the prevention of risks in the company, as well as the improvement of their management, by means of information, awareness and advice to their partner companies for the use of the Prevention10.es programme.

2. To encourage small businesses whose activity is carried out in the activities of the Annex to this resolution (corresponding to the most serious and fatal accidents in the year 2010), the integration of prevention into the the company, as well as the improvement of its management, and promote the reduction of accidents in companies with high levels of work accidents, through information, awareness and advice to their partner companies.

3. To develop studies and analyses on the causes of occupational accidents and to disseminate the conclusions and recommendations obtained from them in order to avoid incurring the situations that cause this disaster.

4. Collaborate with the Administration of Social Security in the maintenance of the system of information, notification and registration of occupational diseases, as well as in the development of programs of evaluation and updating of the list of those diseases.

5. Develop and disseminate codes of good practice for the management and continuous improvement of prevention in the enterprise through the development of the following activities:

a) Identification of processes and activities that generate greater hazards in different branches of activity based on accidents and diseases detected.

b) Design of work procedures that directly affect the processes and activities identified above as generators of greater hazards.

Disclosure activities will take into account the aspects related to the language and culture of the migrant population.

6. To develop the research and analysis actions outlined below, in the framework of the following R & D + i programmes:

a) Continuing research on the incidence of musculoskeletal disorders, with particular emphasis on the emerging causes of these damage and on the preventive measures proposed to reduce it, with one systematic classification of risk factors associated with branches of activity.

b) A comparative study of the incidence of occupational diseases of musculoskeletal etiology and accidents caused by physical overefforts during the year 2011 with respect to previous years (2008, 2009 and 2010) and implementation of a programme of dissemination, education and awareness-raising in the prevention of these disorders.

(c) From low labour or disability caused by exposures to physical agents and in the light of the existing new rules on noise and vibration, of the Community directives in the field of (a) electromagnetic and optical radiation, determination of jobs, characteristics of tasks and branches of activity which have higher levels of exposure, establishing codes of good practice for the disposal, reduction or risk control.

To carry out other R & D + i programmes than previous ones, as well as studies, collaborations or work related to the prevention of occupational risks in the companies associated with the mutual societies, which are included in their respective plans for preventive activities subject to authorisation as provided for in this resolution.

For each of the R & D + i programmes, the objective and methodology, as well as, once they have been carried out, the resulting conclusions and proposals, will have to be detailed by the mutual fund.

7. To establish a programme of training, awareness and technical assistance to the self-employed worker, which will be developed as a priority for those whose activities are carried out in the activities of the Annex and which will have the purpose of identification and qualification of occupational risks in the framework of the obligations laid down in Article 24 of Law 31/1995 of 8 November 1995.

8. To establish a programme of preventive activities in the field of supra-regional or supra-state which are entrusted to each other, in relation to the competences assigned to them in the field of hygiene and safety at work included in the field of Social Security.

Fourth. Presentation by the mutual of the plan of preventive activities to be carried out in the year 2011.

Within 15 days of the publication of this resolution, the mutual occupational accidents and occupational diseases of the Social Security shall be submitted to the Directorate-General for Security Management. Social, for approval, the plan of preventive activities which they intend to carry out during the year 2011, in accordance with the criteria and priorities set out in the third paragraph, specifying the sectors and the companies to which they are directed, as well as the number of workers affected and the expected cost of development of each of the those activities.

Fifth. Information about the preventive activity plan.

During the first quarter of 2012, mutual societies should provide the Directorate-General for Social Security Management with detailed information on the aspects to be determined by such a management centre. the preventive activities plan, as well as the cost of its execution.

Sixth. Monitoring and evaluation of results.

In accordance with the provisions of Article 3.2 of Order TAS/3623/2006 of 28 November 2006, the National Institute for Safety and Hygiene at Work will provide the necessary technical assistance and collaboration in the monitoring and technical evaluation of the results, in coordination with the Directorate-General for Social Security Management.

Seventh. Coordination with the Autonomous Communities.

The Autonomous Communities that have, by virtue of their respective Statutes of Autonomy, the shared competence of coordination of the activities of prevention of occupational risks that they carry out in their respective (a) the mutual benefit of the right to the right to be employed in the territory of the Member State of the Member State of the Member State of the Member State of the Member State of the European Union; (a) to be carried out by those in their territory, which are susceptible to development in the field of social security, without prejudice to the exclusive competence in the field of management and budgetary implementation assisting the Administration of Social Security in order to maintain the economic-heritage unit of the system.

Eighth. Enforcement powers.

The Directorate-General for Social Security Management is hereby authorized to take the measures and instructions that may be necessary for the implementation of this resolution.

Ninth. Entry into force.

This resolution shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 10 June 2011.-The Secretary of State for Social Security, Octavio Granado Martínez.

ANNEX

Activity Divisions with the highest number of fatal and fatal work accidents

Agriculture, livestock, hunting, and related services

48

48

Divisions

Total accidents

serious work

and fatal

in job

centers

from 1 to 49

workers

Building construction

564

399

399

267

200

wholesale trade and trade intermediaries, except for motor vehicles and motorcycles

191

and beverage services

138

Manufacture of metal products, except machinery and equipment

117

trade, except for vehicles engine and motorcycles

112

96

101

96

96

and repairing motor vehicles and motorcycles

80

and wood industry cork, except furniture; cesteria and esparteria

78

Fishing and aquaculture

62

of other non-metallic mineral products

Forestry and Forest Exploitation

55

Services to gardening buildings and activities

52

48

48

46

Activities

42

Metalurgia; manufacturing of iron, steel, and ferroalloys products

37

Other Personal Services

36

Repair and installation of machinery and equipment

35

Other extractive industries

33

Hosting services

33

of non-classified machinery and equipment elsewhere

32

Total Accidents Selected Divisions

2,954