Law 31/1995 of 8 November on the Prevention of Occupational Risks determines the basic body of guarantees and precise responsibilities to establish an adequate level of protection of workers ' health against the risks arising from working conditions, in the framework of a coherent, coordinated and effective policy.

According to article 6 of the law, it is the regulatory norms that must go through the most technical aspects of the preventive measures, establishing the minimum measures that must be taken for the adequate protection of the workers. Such measures include those aimed at ensuring the protection of workers from the risks arising from exposure to artificial optical radiation during work.

Likewise, the safety and health of workers have been the subject of various International Labor Organization Conventions ratified by Spain and which, therefore, are part of our legal system. It stresses, as a general rule, the Convention No. 155 of 22 June 1981 on the safety and health of workers and the working environment, ratified by Spain on 26 July 1985.

At the level of the European Union, Article 137 (2) of the Treaty establishing the European Community provides for the improvement, in particular, of the working environment, in order to protect the health and safety of workers. workers. With this legal basis, the European Union has in recent years been providing a highly advanced regulatory body to ensure a better level of protection of the health and safety of workers.

This regulatory body is made up of several specific directives. Directive 2006 /25/EC of the European Parliament and of the Council of 5 April 2006 on the protection of workers from the risks arising from the exposure to artificial optical radiation has been adopted minimum safety and health requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation). This royal decree provides for the transposition into Spanish law of the content of this directive.

The royal decree consists of eleven articles, an additional provision, a derogation provision, three final provisions and two annexes. The standard sets out a number of minimum requirements which are intended to protect workers from the risks to their safety and health arising from exposure to artificial optical radiation. in the course of its work; it regulates the provisions designed to prevent or reduce exposure, so that the risks arising from exposure to artificial optical radiation are removed at source or reduced to the lowest possible level; and includes the business obligation to establish and implement an action plan including technical measures and/or (a) to prevent the exposure exceeding the limit values; to determine the exposure limit values; it provides for a number of specifications relating to the risk assessment, first establishing the obligation for the exposure to be (i) an assessment of the levels of radiation to which workers are exposed, so that the measures necessary to reduce exposure can be defined and put into practice, and include a list of those aspects to be taken into account (a) to which the employer must pay particular attention when assessing risks; workers must not in any case be exposed to values higher than the exposure limit values; they collect two of the basic rights in preventive matters, such as the need for training of workers and the provision of information to workers; how the workers exercise their right to be consulted and to participate in the prevention aspects; provisions are laid down for the monitoring of the health of workers in relation to the risks involved; Exposure to artificial optical radiation. Finally, the sanctioning regime for non-compliance with the provisions of the royal decree is included.

In the elaboration of this royal decree, an audience has been granted to the autonomous communities, the most representative trade union and business organizations have been consulted and the National Security Commission has been heard. Health at Work.

Under its virtue, on the proposal of the Minister of Labour and Immigration, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 23 April 2010,

DISPONGO:

Article 1. Object.

1. The present royal decree is intended, in the framework of Law 31/1995, of 8 November, on the Prevention of Occupational Risks, to lay down minimum requirements for the protection of workers against the risks to their health and safety. derivatives or which may be derived from exposure to artificial optical radiation during their work.

Article 2. Definitions.

For the purposes of this royal decree, it is understood by:

(a) Optical radiation: All electromagnetic radiation whose wavelength is between 100 nm and 1 mm. The spectrum of optical radiation is divided into ultraviolet radiation, visible radiation and infrared radiation:

1. ° ultraviolet radiation: The optical radiation of wavelength between 100 and 400 nm. The ultraviolet region is divided into UVA (315 -400 nm), UVB (280-315 nm) and UVC (100-280 nm).

2. Visible Radiation: The optical radiation of wavelength between 380 nm and 780 nm.

3. ° Infrared radiation: The optical radiation of wavelength between 780 nm and 1 mm. The infrared region is divided into IRA (780-1,400 nm), IRB (1,400-3,000 nm) and IRC (3,000 nm-1mm).

b) Laser (light amplification by stimulated emission of radiation; amplification of light by stimulated emission of radiation): Any device capable of producing or amplifying electromagnetic radiation in the range of wavelength of optical radiation, mainly by means of the controlled stimulated emission process.

c) Laser radiation: Optical radiation from a laser.

d) Incoherent radiation: All optical radiation other than laser radiation.

e) Exposure limit values: The limits of exposure to optical radiation based directly on proven health effects and biological considerations. Compliance with these limits shall ensure that workers exposed to artificial sources of optical radiation are protected against all the harmful health effects known to them.

f) Irradiance (E) or power density: The radiant power that incites, per unit of area, on a surface, expressed in watts per square meter (W/m²).

g) Radiant exposure (H): Integrated irradiance with respect to time, expressed in julios per square meter (J/m²).

h) Radiance (L): The radiant flow or the radiant power emitted per unit of solid angle and per unit of area, expressed in watts per square meter per stereorradian (W/ (m²-sr)).

i) Level: The combination of irradiance, radiant exposure and radiance to which a worker is exposed.

Article 3. Scope of application.

1. The provisions of this royal decree shall apply to the activities in which workers are or may be exposed to the risks arising from artificial optical radiation during their work.

2. This royal decree refers to the risk to the health and safety of workers due to the harmful effects on the eyes and on the skin caused by exposure to artificial optical radiation.

3. The provisions of Royal Decree 39/1997 of 17 January 1997 on the Regulation of the Prevention Services shall apply in full to the whole of the field referred to in paragraph 1 of this Article, without prejudice to the provisions of this Article. more rigorous or specific provisions foreseen in this royal decree.

Article 4. Provisions aimed at avoiding or reducing exposure.

1. The risks arising from exposure to artificial optical radiation shall be removed at source or reduced to the lowest possible level, taking into account technical progress and the availability of risk control measures at their source.

The reduction of these risks will be based on the general principles of prevention set out in Article 15 of Law 31/1995 of 8 November.

2. On the basis of the risk assessment referred to in Article 6, if there is a possibility of exceeding the exposure limit values, the employer shall draw up and implement an action plan, which shall be integrated in the planning of the activity. preventive measures, including technical and/or organisational measures designed to prevent exposure from exceeding those limit values, with particular attention to the following aspects:

a) Other working methods that reduce the risk of optical radiation;

b) the choice of equipment that generates lower levels of optical radiation, taking into account the work to which they are intended;

(c) technical measures to reduce the emission of optical radiation, including, where necessary, the use of enclosure systems, shields or similar health protection mechanisms;

(d) appropriate programmes for the maintenance of work equipment, the workplace and the workplace;

e) the conception and disposition of places and places of work;

f) the limitation of duration and level of exposure;

g) the availability of the appropriate individual protection equipment;

h) the instructions of the equipment manufacturer, when covered by a relevant Community Directive.

3. Workplaces where workers may be exposed to levels exceeding the limit values laid down in Annexes I and II shall be the subject of appropriate signage in accordance with the provisions of Royal Decree 485/1997 of 14 December 1997. April, on minimum requirements for the provision of safety and health signs at work. In addition, where possible from a technical point of view and the risk of exposure is justified, such places shall be identified and access limited to them.

4. In accordance with Article 25 of Law 31/1995 of 8 November 1995, the employer shall adapt the measures referred to in this Article to the needs of particularly sensitive workers.

Article 5. Exposure limit values.

For the purposes of this royal decree:

(a) The limit values for exposure to the incoherent radiation emitted by artificial sources are set out in Annex I, paragraph A.

(b) The limit values for exposure to laser radiation are set out in Annex II, paragraph A.

Article 6. Risk assessment.

1. In compliance with the obligations laid down in Article 16 of Law 31/1995 of 8 November and Chapter II, Section I of Royal Decree 39/1997 of 17 January 1997, in the event that workers are exposed to artificial sources of (a) the employer must assess the radiation levels to which the workers are exposed, so that the measures necessary to reduce the exposure to the applicable limits can be defined and put into practice. In order to carry out the assessment, the measurement of exposure levels shall not be necessary in cases where the direct accredited professional assessment makes it possible to reach a conclusion without the need for it, taking into account, where appropriate, the calculation of those levels, the data provided by the manufacturers of the equipment in accordance with the product safety rules applicable to them.

2. The methodology applied in the assessment, measurement and/or calculations shall be in accordance with the standards of the International Electrotechnical Commission (IEC) for laser radiation and the recommendations of the International Lighting Commission (ICN) and the European Committee for Standardisation (CEN) for incoherent radiation and, where these are not applicable, to the methods or criteria referred to in Article 5.3 of Royal Decree 39/1997 of 17 January.

3. The evaluations referred to in paragraph 1 shall be programmed and carried out at the appropriate intervals in accordance with Article 6 of Royal Decree 39/1997 of 17 January 1997. These evaluations shall be carried out by qualified personnel for the performance of higher-level duties with the specialty of industrial hygiene, taking into account the provisions of Articles 36 and 37 and Chapter III of Royal Decree 39/1997, of January 17, regarding the organization of resources for the development of preventive activities.

Data obtained from the assessment and/or measurement of the level of exposure to optical radiation shall be retained in such a way as to allow for further consultation. The evaluation documentation shall be in accordance with the provisions of Article 23 of Law 31/1995 of 8 November 1995 and Article 7 of Royal Decree 39/1997 of 17 January 1995.

4. In the framework of Articles 15 and 16 of Law 31/1995 of 8 November 1995, the employer, when assessing the risks, shall pay particular attention to

following aspects:

(a) the level, the range of wavelengths and the duration of exposure to artificial sources of optical radiation;

(b) the exposure limit values set out in Article 5 of this Royal Decree;

(c) the possible effects on the health and safety of workers belonging to particularly sensitive risk groups;

(d) the possible effects on the health and safety of workers, resulting from interactions, in the workplace, between optical radiation and photosensitising chemicals;

e) possible indirect effects, such as temporary glare, explosion or fire;

(f) the existence of replacement equipment designed to reduce exposure levels to artificial optical radiation;

g) appropriate information derived from health surveillance, including published scientific-technical information, as far as possible;

h) Exposure to multiple sources of artificial optical radiation;

i) The classification of a laser according to the UNE EN 60825-1/A2 " Safety of laser products. Part 1: Classification of equipment, requirements and safety guide ' and, in respect of any other source of artificial optical radiation likely to cause injury similar to those caused by a laser of class 3B or 4, any analogous classification;

(j) the information provided by manufacturers of optical radiation sources and working equipment in accordance with the applicable Community directives.

5. On the basis of the results of the assessment, the employer shall determine the measures to be taken in accordance with Articles 4, 7, 8 and 9, planning to implement them in accordance with the provisions of Chapter II, Section 2. Decree 39/1997 of 17 January.

Article 7. Limitation of exposure.

1. In no case shall the worker's exposure exceed the values set out in Article 5 of this royal decree.

2. If, in spite of the measures taken pursuant to this royal decree, exposures above the exposure limit values are checked, the employer shall:

a) Take immediate steps to reduce exposure below limit values;

b) determine the causes of overexposure;

c) correcting prevention and protection measures to prevent reoffending from occurring again;

d) inform the prevention delegates of such circumstances.

Article 8. Information and training of workers.

In accordance with the provisions of Articles 18.1 and 19 of Law 31/1995 of 8 November 1995, the employer shall ensure that workers who are exposed to the risks arising from radiation at the workplace Artificial optics and/or their representatives receive the necessary information and training on the outcome of the risk assessment provided for in Article 6, in particular on:

a) The measures taken in application of this royal decree.

(b) The exposure limit values set out in Article 5 and the associated potential risks.

c) The results of the assessment and, where appropriate, measurement of the levels of exposure to artificial optical radiation carried out pursuant to Article 6 of this Royal Decree, together with an explanation of its meaning and potential risks.

d) The way to detect harmful health effects due to exposure and how to report on them.

e) The circumstances in which workers are entitled to a health surveillance, and the purpose of this health surveillance, in accordance with Article 10.

(f) Safe working practices, in order to minimise the risks arising from exposure to artificial optical radiation.

g) The correct use of individual protective equipment.

Article 9. Consultation and participation of workers.

The consultation and participation of the workers and/or their representatives on the matters referred to in this royal decree shall be carried out in accordance with the provisions of Article 18.2 of Law 31/1995, 8 of November.

Article 10. Health surveillance.

1. The employer shall ensure adequate supervision of the health of workers in the light of the risks inherent in the work with exposure to artificial optical radiation, as provided for in Article 22 of Law 31/1995 of 8 December 1995. November, for the purpose of early detection of any harmful effects as well as the prevention of any risk, including long-term risks or risks of chronic disease.

Health surveillance will be carried out through the preventive organization that the company has adopted and in accordance with Article 37.3 of Royal Decree 39/1997 of 17 January.

2. Where an exposure exceeding the limit values, the worker or the workers concerned is detected, they shall be entitled to a medical examination. Workers who, as a result of health surveillance, are established to have a disease or a harmful effect on the health of an identifiable person, who, in the opinion of a doctor or a specialist in the field of work, are also entitled to the result of the exposure to artificial optical radiation at work. In both cases:

(a) The physician or other competent health personnel shall:

1. Propose that exposed workers undergo a medical examination.

2. To communicate the result personally to the worker. It shall also advise the worker on any health surveillance measures to which it is appropriate to submit after the cessation of exposure.

3. Inform the employer of any significant result of health surveillance, in accordance with Article 22.4 of Law 31/1995 of 8 November.

b) For your part, the employer must:

1. Review the risk assessment carried out in accordance with Article 6.

2. Review of the measures envisaged to eliminate or reduce risks in accordance with the provisions of Article 4.

3. Take into account the recommendations of the physician responsible for health surveillance when applying any other measure deemed necessary to eliminate or reduce risks in accordance with the provisions of Article 4.

4. Dispose a systematic health surveillance and examination of the health status of other workers who have suffered similar exposure.

3. Health surveillance shall include the preparation and updating of the clinical-work history of the workers subject to it in accordance with the provisions of paragraph 1. The access, confidentiality and content of such stories shall be in accordance with Article 22 (2), (3) and (4) of Law 31/1995 of 8 November and in Article 37.3.c of Royal Decree 39/1997 of 17 January 1997. The worker shall, upon request, have access to the history of personal concern.

Article 11. Infringements and penalties.

Breaches of the provisions of this royal decree will be sanctioned in accordance with the provisions of the Law of Infractions and Sanctions in the Social Order, Recast Text approved by Royal Legislative Decree 5/2000, 4 of August.

Single additional disposition. Preparation and updating of the Technical Guide.

The National Institute for Safety and Health at Work, in accordance with the provisions of Article 5.3 of Royal Decree 39/1997 of 17 January, approving the Regulation of the Prevention Services, keep up to date a non-binding technical guide for the assessment and prevention of risks arising from exposure to artificial optical radiation in workplaces.

Single repeal provision. Scope of regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree.

Final disposition first. Competence title.

This royal decree is issued under Article 149.1.7. of the Constitution which attributes to the State the competence in matters of labour law without prejudice to its execution by the organs of the autonomous communities.

Final disposition second. Incorporation of European Union law.

This royal decree incorporates into Spanish law Directive 2006 /25/EC of the European Parliament and of the Council of 5 April 2006 on the minimum health and safety requirements for the exposure of the workers at risks arising from physical agents (artificial optical radiation).

Final disposition third. Faculty of development.

The Minister of Labor and Immigration, prior to the report of the National Commission on Health and Safety at Work, is hereby authorized to issue any provisions necessary for the implementation and development of this royal decree, as well as as for adaptations of a strictly technical nature to its Annexes, in the light of technical progress and the development of international standards or specifications or of knowledge in the field of protection against risks related to the exposure to artificial optical radiation.

Final disposition fourth. Entry into force.

This royal decree will enter into force on April 27, 2010.

Given in Madrid, 23 April 2010.

JOHN CARLOS R.

The Minister of Labor and Immigration,

CELESTINO CORBACHO CHAVES

ANNEX I

Inconsistent optical radiations

ANNEX II

Laser optical radiations