Advanced Search

Royal Decree 640/2011, From 9 May, Amending Royal Decree 1755 / 2007, Of 28 December, Of Prevention Of Occupational Hazards Of The Military Personnel Of Armed Forces And The Organization Of Services For The Prevention Of The Minist...

Original Language Title: Real Decreto 640/2011, de 9 de mayo, por el que se modifica el Real Decreto 1755/2007, de 28 de diciembre, de prevención de riesgos laborales del Personal Militar de las Fuerzas Armadas y de la organización de los servicios de prevención del Minist...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Council Directive 89 /391/EEC of 12 June 1989 on the application of measures to promote the improvement of the safety and health of workers at work, excludes from their specific scope specific activities of the Civil Service, such as for example in the case of the Armed Forces, due to the particularities inherent in their functions. However, that directive states that in such cases it is also necessary to ensure that the safety and health of workers are ensured as far as possible.

Law 31/1995 of 8 November on the Prevention of Occupational Risks transposed the aforementioned directive into Spanish law. The general rule of this law is the application of the regulations on the prevention of occupational risks to all workers, whether they be civil or military, excluding only those activities of the Armed Forces whose peculiarities prevent it. However, in accordance with the aforementioned Directive, the rules governing the protection and health of the members of the Armed Forces in the exercise of these activities must also be inspired by Law 31/1995, 8 of November.

Taking into account that regulatory framework, Royal Decree 1755/2007 of 28 December 2007, prevention of occupational risks of the military personnel of the Armed Forces and the organization of the prevention services of the Ministry of Defense, aims to promote the safety and health of the Armed Forces personnel in the performance of their duties, through the development of the forecasts contained in Law 31/1995, of 8 November, and to establish the model and the the functions of the prevention services at the Ministry of Defence.

By judgment of the Supreme Court of 13 July 2010, the second paragraph of Article 2.a) of Royal Decree 1755/2007, dated 28 December 2007, was annulled in the light of the High Court, since the provision of the judgment provides that The work centres where military personnel and civilian personnel live there will be a single prevention service, the trade union organisations should have been heard on the basis of the relevant hearing procedure. This royal decree aims to correct the defect noted by the Supreme Court, so it has been subject to consultation of the trade union organizations.

In its virtue, on the proposal of the Minister of Defense, with the prior approval of the Minister of Territorial Policy and Public Administration, according to the Council of State and after deliberation of the Council of Ministers in its Meeting of May 6, 2011,

DISPONGO:

Single item. Amendment of Royal Decree 1755/2007 of 28 December 2007 on the prevention of occupational hazards of military personnel of the Armed Forces and the organization of the prevention services of the Ministry of Defense.

Paragraph (a) of Article 2 of Royal Decree 1755/2007 of 28 December 2007 on the prevention of the occupational risks of military personnel of the Armed Forces and the organization of the prevention services of the Ministry of Defense, it is worded as follows:

" a) Personal scope: includes all personnel of the Armed Forces except those referred to in Article 2, paragraph (a), of Royal Decree 179/2005, of 18 February, on the prevention of occupational hazards in the Civil Guard.

It also includes members of the Civil Guard Corps who provide their services at the Ministry of Defense.

In the workplace where military and civilian personnel coexist there will be a single prevention service to which the provisions of Chapter III of this standard will apply, without prejudice to the necessary relations of such a service with the prevention delegates or the health and safety committees which may exist, as established by Royal Decree 1932/1998 of 11 September 1998, to adapt Chapters III and IV of Law 31/1995 of 8 November, of Prevention The Commission has also been involved in the work of the European Commission. The functions of such a preventive service may be performed interchangeably by military, official, labour or statutory personnel. "

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on May 9, 2011.

JOHN CARLOS R.

The Minister of Defense,

CARME CHACON PIQUERAS