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Resolution Of March 8, 2010, Of The Secretary Of State Of The Social Security, Which Publishes The Agreement Of Entrustment Of Management With The National Institute Of Safety And Hygiene At Work, For Development, During The Year 2010...

Original Language Title: Resolución de 8 de marzo de 2010, de la Secretaría de Estado de la Seguridad Social, por la que se publica el Acuerdo de encomienda de gestión con el Instituto Nacional de Seguridad e Higiene en el Trabajo, para el desarrollo, durante el año 2010,...

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TEXT

In accordance with the provisions of Article 15 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the Secretary of State for Social Security and the The National Institute for Safety and Hygiene at Work has signed an agreement dated March 8, 2010, for which the Secretariat of State entrusts the National Institute of Safety and Hygiene at Work with the development, during the year 2010, for certain preventive activities in the field of social security.

In accordance with the provisions of Article 6 of Order TAS/3623/2006 of 28 November on the prevention of preventive activities in the field of social security and the financing of the Foundation for the Prevention of Occupational risks, and in accordance with the fifth clause of the abovementioned agreement, is set at EUR 11 million (EUR 11,000,000,00) for the amount of the Prevention and Rehabilitation Fund to be financed during the year 2010, the implementation of the activities outlined in the agreement.

In compliance with the provisions of Article 15.3 of Law 30/1992 of 26 November, and for general knowledge, the publication is available in the "Official Gazette of the State" of the said agreement, which appears as an annex to the resolution.

Madrid, March 8, 2010.-The Secretary of State for Social Security, Octavio Granado Martinez.

ANNEX

Agreement on management between the Secretariat of State for Social Security and the National Institute of Safety and Hygiene at Work, for the development of certain prevention activities during the year 2010 corresponding to the field of Social Security

In Madrid, 8 March 2010.

UNITED

On the one hand, Don Octavio Granado Martínez, Secretary of State for Social Security, acting as head of the Social Security Area of the Ministry of Labor and Immigration, under the direction of the head of the Department.

On the other hand, Doña Concepción Pascual Lizana, Director of the National Institute of Safety and Hygiene at Work, acting on behalf and representation of the aforementioned Institute.

Intervene in the representation that they hold, in order to instrument the management entrusts reviewed in the heading, and

EXPOSE

First. -That the management and administration of Social Security should be carried out with, among others, principles of simplification, rationalisation, cost economics and social effectiveness.

Second. -That among the tasks of the Social Security have to be considered included actions aimed at the reduction of accidents at work and occupational diseases, the cost of which supports the system of Social security, which is also one of the main items of this cost.

Third. -That it is necessary to know in depth the sectors of economic activity whose working conditions are exposed to a greater extent to situations of penosity, dangerousness and toxicity, and, within these sectors, functions or jobs exposed to a greater extent to the situations indicated, in order to take them into account with regard to the study of the possible establishment of retirement age coefficients in the case of the prolonged performance of certain occupational activities during the working life and in the making the corresponding adjustments in the quotation.

Fourth. -Which, in accordance with the provisions of Chapter III of 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, the Secretariat of State of Social Security may entrust the National Institute of Safety and Hygiene at Work, as a scientific and technical agency of the Administration. General of the State and Center of National Reference in matters of safety and health at work, through the legal instruments to be implemented in each case, the development of preventive programmes and activities at the level of the State or the supra-regional level, as well as the implementation, inter alia, of work on the analysis and investigation of accidents at work and occupational diseases.

Fifth. -Article 6 of the aforementioned order states that the preventive activities that the Secretariat of State entrusts to the National Institute of Safety and Hygiene at Work will be financed from the Prevention Fund and Rehabilitation, depending on its availability and the terms to be established, in each case, in the resolution that the aforementioned Secretariat of State will give to the effect, taking into account the priorities and the criteria and programmes proposed in the each time by the General Secretariat of Employment or which may be derived from the Spanish Strategy of Safety and Health at Work.

Sixth. -That the prevention activities to be carried out by the Prevention and Rehabilitation Fund mentioned, aimed at reducing the professional risks, require a means and a technical training of lacks the Social Security system.

Seventh. -That the National Institute of Safety and Hygiene at Work, an autonomous body assigned to the Ministry of Labor and Immigration, is the specialized organ in this field and has the training and experience appropriate to assume the development of the preventive activities indicated.

-That, in application of the principles of simplification, rationalisation, economy of social costs and effectiveness before being exposed, and not having the appropriate means for the direct development of the activities identified, it is The purpose of the Secretariat of State for Social Security is to instruct the National Institute of Safety and Hygiene at Work to carry out the tasks assigned to it in the first clause of this document.

And in attention to the legal circumstances and fundamentals exposed,

AGREE

Pursuant to Article 15 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in Order TAS/3623/2006, November 28, and taking into account the general principles of cooperation and cooperation which must be chaired by the public authorities, the parties represented approve this document, the purpose of which is to be entrusted by the Secretariat of State of Social Security to the National Institute of Safety and Hygiene at Work for the development, during the year 2010, of certain prevention activities in the field of social security.

The National Institute of Safety and Hygiene at Work undertakes to carry out the object of the entrustment to which this agreement is contracted, subject to the provisions of the following

CLAUSES

First.-The activities entrusted to the National Institute of Safety and Hygiene at Work by the Secretary of State for Social Security, according to this mandate, are as follows:

1. Preventive activities of a state or supra-regional level aimed at contributing to the most appropriate planning, monitoring and prevention of accidents at work and occupational diseases.

1.1 Public advice to the entrepreneur in companies of up to 10 workers, in the framework of the Spanish Strategy for Safety and Health at Work 2007-2012, with the aim of achieving a better and more effective compliance with the Spanish legislation in the microenterprise.

1.2 Promote the incorporation of good practices in the prevention of occupational risks, taking into account the priorities derived from the Spanish Strategy on Safety and Health at Work 2007-2012.

1.3 Promote and develop outreach activities in the field of occupational risk prevention, in particular campaigns, events, publications, among others, promoting the use of information and communication technology (ICT), in the framework of the Spanish Strategy for Safety and Health at Work 2007-2012.

1.4 During the year 2010, on the occasion of the Spanish Presidency of the European Union, seminars and technical days of dissemination and dissemination on the prevention of occupational risks.

1.5 Elaborate tools to facilitate knowledge and access to the rules for the prevention of occupational risks, developing, where appropriate, guidelines, recommendations or technical standards that facilitate their implementation, with special attention attention to the development of codes of good practice in the prevention of occupational risks.

1.6 Promote an action plan for the prevention of musculoskeletal disorders in the workplace.

2. Work on the analysis and investigation of accidents at work and occupational diseases.

2.1 Collect, analyze and disseminate, through the State Working Conditions Observatory, information on working conditions, accidents and their evolution.

2.2 Evaluate the quality and specificity of the information contained in the reporting and registration system for accidents at work.

2.3 Carry out studies and technical reports on the working conditions of the sectors of economic activity and, within them, the functions or jobs with the greatest claims, penalties, danger and toxicity, and in particular of the following sectors: metal, wood, construction, railway and land transport.

2.4 Training, information and dissemination programmes for the prevention of occupational risks and studies on the working conditions of self-employed workers, for which collaboration and participation will be provided of the associations representing the self-employed workers who propose the Directorate-General for Social Economy, Autonomous Labour and Social Responsibility of Enterprises.

2.5 Conduct studies and reports that contribute to the best knowledge of the working conditions and quality of life of the Spanish working population:

2.5.1 Annual Report on the State of Safety and Health at Work 2009.

2.5.2 Specialized studies on mechanical vibration.

2.5.3 Study of the occupational exposure to carcinogens in Spain: improving the quality of the information available on the occupational exposure to carcinogens in our country, for the establishment of effective preventive policies.

2.5.4 Promote tools and tools for the assessment and control of risks arising from exposure to more frequent biological agents.

2.5.5 Study of working conditions and risks to the health of agricultural workers in intensive crops.

2.5.6 Study on the impact on the health of workers and on their justified lack of assistance to work, technological changes, economic circumstances and changes in the labour market, in particular the related to productivity, age management in companies and best practices for business restructuring.

2.5.7 Other studies and actions to be carried out in the framework of the Spanish Strategy for Safety and Health at Work 2007-2012, as determined by the Secretary of State for Social Security.

3. Support for the promotion and standardisation of education and training activities specializing in safety, industrial hygiene, ergonomics, psychosociology and work medicine.

3.1 Study of training needs in the prevention of occupational risks, in view of the new teaching framework and regulatory changes arising from the so-called Bologna process.

3.2 Promote, in collaboration with the health authority, training programs for National Health System professionals to improve their ability to identify and report work-related diseases.

3.3 Promote, in collaboration with the health authority, the incorporation of good practices in health promotion in the workplace, encouraging the creation of tools to facilitate their implementation.

3.4 Promoting awareness-raising actions of the working population, in relation to the driving of machinery and vehicles, for the prevention of road accidents on mission and road transport (except for long periods of time) distances), promoting road safety and education.

3.5 Develop actions aimed at the working population, in relation to the risks to which workers are exposed as a consequence of psychosocial risks in the organization of work.

3.6 Awareness of the particular attention to be paid to the risks associated with mobility with direct impact on accidents "in itinere".

3.7 To promote, by different mechanisms, the performance of ergonomie risk assessments, as a measure to reduce musculoskeletal disorders related to positions and forms of work.

Second. -In no case shall the development of the activities covered by the management mandate interfere with or undermine the exercise of the powers conferred on the Secretary of State for Social Security under the Social Security legislation.

Third. -According to the provisions of Article 15.2 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, this encomendenda does not imply a transfer of ownership of any competition or the substantive elements of its exercise.

Fourth.-The Directorate-General for Social Security Management shall exercise the functions of coordinating the development of the activities entrusted to it, as well as the monitoring of its technical implementation and its cost, by means of a Commission to follow up the charge, made up of representatives of the National Institute for Safety and Hygiene at Work and the Directorate-General, which will meet on a quarterly basis.

Fifth. -In accordance with the provisions of Article 6 of Order TAS/3623/2006 of 28 November 2006, the development of the preventive programmes and activities entrusted to the National Institute for Safety and Hygiene at Work finance from the Prevention and Rehabilitation Fund, with an amount of EUR 11 million (EUR 11,000,000,00) available for that purpose.

To this end, the General Treasury of Social Security shall proceed to the release and release of that amount to the aforementioned Institute.

The National Institute of Safety and Hygiene at Work will be able to allocate up to 15 percent of the total resources allocated to the coverage of the costs of technical assistance, administration and management of these resources. programs.

Sixth. -Before 31 March 2011, the National Institute for Safety and Hygiene at Work will provide detailed information to the Directorate-General for Social Security Management about preventive activities. developed in the year 2010, in accordance with the provisions of the first clause of this agreement, as well as the cost thereof.

In the case that the amount of the preventive activities developed is lower than that indicated in the fifth clause, the resulting difference will be entered by the National Institute of Safety and Hygiene at Work in the Prevention and Rehabilitation Fund at the time of providing the information indicated.

The doubts that may arise regarding the interpretation and application of this mandate will be resolved by the Secretary of State for Social Security with executive character. Granado Martínez. -Director of the National Institute of Safety and Hygiene at Work, Concepción Pascual Lizana.