Law 31/1995 of 8 November on the Prevention of Occupational Risks, mainly through its articles 31.1, 34.3 and 35.4, and the additional provision fourth to Royal Decree 39/1997 of 17 January, approving the Regulation of the Prevention Services, in due course the need to regulate, by means of a specific regulation for the Public Administrations, certain questions such as the rights of participation and representation, the organisation of the resources necessary for the development of preventive activities, the definition of the tasks and qualifications of the staff to be carried out and the establishment of appropriate control instruments to replace the audit obligations contained in Chapter V of that Regulation; of the Prevention Services, which are not applicable to Public Administrations.

To comply with this mandate in the General Administration of the State, it responded to Royal Decree 1488/1998 of July 10, to adapt the legislation on the prevention of occupational risks to the General Administration of the State.

During the time since the promulgation of this royal decree, however, important changes have been made to the general regulations on the prevention of occupational risks, which must be transferred to the General Administration of the State. Among them, it is necessary to cite Law 54/2003, of 12 December, of reform of the regulatory framework for the prevention of occupational risks, which deepens the need to integrate preventive activity in organizations and establishes the the obligation to draw up Prevention Plans as a means of achieving such integration; Law 31/2006 of 18 October on the involvement of workers in European public limited companies and cooperatives, amending the 1 and 2 of Article 3 of the Law on the Prevention of Occupational Risks and an additional provision is added ninth-bis concerning military personnel, thus definitively closing the dispute with the European Commission with regard to the scope of the law, a field that directly affects the General Administration of the State; the Royal Decree 171/2004, of 30 January, for which Article 24 of the Law on the Prevention of Occupational Risks referred to the coordination of business activities is developed; and the Royal Decree 604/2006, of 19 May, for which the Regulation of the Services of Prevention, in which the provisions of Law 54/2003, cited above, are developed in issues such as the Prevention Plan, the enforcement of the presence of preventive resources in certain work or prevention audits. All of them directly affect the contents of Royal Decree 1488/1998 and therefore require a further adaptation of this legislation.

In parallel, during this period, certain regulations on the prevention of occupational risks applicable to specific groups within the General Administration of the State, such as the Royal Decree, have also been developed. 1932/1998, of 11 September, applicable to the working relations of the labour force and civil servants who provide their services in establishments dependent on the Military Administration; and the royal decrees 179/2005, 18 of February, and 2/2006, of 16 January, applicable respectively to the Corps of the Civil Guard and the Corps National Police, which must be considered in a coordinated general approach. Finally, it is necessary to cite Royal Decree 1755/2007 of 28 December 2007 on the prevention of occupational risks of the military personnel of the Armed Forces and the organization of the prevention services of the Ministry of Defense.

In another area, there have also been changes in the regulations on representation bodies, as set out in Law 7/2007 of 12 April, of the Basic Staff Regulations, in which the framework will be The new royal decree, in particular with regard to the Technical Commission on the Prevention of Labor Risks, which is dependent on the General Administration of the State Administration, regulated by the Article 36.3 of the Staff Regulations, which is set up as the specific body for participation and negotiation in this field.

It is necessary to emphasize, moreover, that the enactment of Royal Decree 1488/1998 was the first rule applicable to the General Administration of the State, as a whole, in the field of the prevention of occupational risks, since Until the Law of Prevention, this legislation was only applicable to the labour force. This implies that during this period, it has been necessary to design and implement all the necessary infrastructure and resources, without prior experience; experience that has accumulated during the years of the norm and that advises introduce various improvements through a new royal decree in order to achieve the maximum applicability and effectiveness of the decree.

It should be taken into account, finally, in this respect, that the "Spanish Strategy for Safety and Health at Work 2007-2012", approved by the Council of Ministers on 29 June 2007, indicates in its introduction that " Public administrations, in their capacity as employers, should make full effective the right of public employees to receive effective protection in the field of safety and health at work, as recognized in recent Law 7/2007, of 12 April, of the Basic Staff Regulations, for which the Public Administrations must also to comply with the requirements of companies in the private sector, this is: to achieve a better and more effective compliance with the regulations on the prevention of occupational risks, to improve the effectiveness and quality of the preventive activities and to strengthen and to promote the involvement of public employees in the improvement of safety and health at work ", and adds later, in the chapter dedicated to the diagnosis of the situation, that" the application of the rules of prevention of occupational risks to the Public employees have presented inadequacies that need to be corrected ".

Precisely, the main objective of this royal decree is to correct the aforementioned deficiencies and to improve the effectiveness of the preventive action of the General Administration of the State.

This royal decree has been submitted to the union organizations and has the agreement of the National Commission on Safety and Health at Work.

By virtue of all this, on the proposal of the Minister of the Presidency and the Minister of Labour and Immigration, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting of 29 January 2010,

DISPONGO:

Article 1. Object.

The object of this royal decree is the adaptation to the General Administration of the State of Law 31/1995, of 8 November, of the Prevention of Labor Risks, and its standards of development, as well as of Royal Decree 39/1997, of 17 The Council adopted a proposal for a Council Regulation on the implementation of the European Community's action programme for the prevention of the use of the environment in the field of human resources (OJ No 1, 2). Organisational and employee participation in the service.

Article 2. Scope.

1. This provision shall apply to the General Administration of the State and to the public bodies connected or dependent on it which have official or statutory staff at their service, whether or not they have, in addition, labour personnel. In case both types of staff exist, the forecasts will also be applicable to both.

2. In penitentiary establishments, activities whose characteristics warrant special regulation shall be adapted in accordance with Article 3.3 of Law 31/1995 of 8 November.

3. Law 31/1995 of 8 November, as provided for in Article 3.2 thereof, shall not apply in those activities whose particularities prevent it, in the field of public functions:

a) Police, security and customs protection.

(b) Operational services for civil protection and forensic expertise in cases of serious risk, disaster and public calamity.

c) Armed Forces and Civil Guard Military Activities.

4. To the functions performed by the members of the Civil Guard Corps and the officials of the National Police Corps, who do not have exclusive characteristics of the police, security, customs and operational services of civil protection, will apply the general regulations on the prevention of occupational risks, with the peculiarities established for the General Administration of the State in this royal decree and those contained in the royal decrees 179/2005, of 18 February, and 2/2006, of 16 January, respectively for the Civil Guard and the Police National.

This general regulation on the prevention of occupational risks will also apply to the members of the Customs Surveillance Service, when carrying out activities whose peculiarities do not prevent it.

5. In military establishments and establishments, general rules shall apply with the specific characteristics referred to in

following paragraphs:

(a) The provisions of Royal Decree 1932/1998 of 11 September 1998 in the field of employment relations of labour staff and civil servants providing their services in establishments dependent on the Military Administration.

(b) For military personnel and members of the Civil Guard Corps who provide their services at the Ministry of Defense, as provided for in Chapters III, V and VII of Law 31/1995 of 8 November, it shall apply from Agreement with Royal Decree 1755/2007 of 28 December 2007 on the prevention of occupational risks of military personnel of the Armed Forces and the organization of the prevention services of the Ministry of Defense.

6. In the case of serious risk, disaster and public calamity, the exclusion shall be understood only for the purpose of ensuring the proper functioning of the services essential for the purposes of civil protection and forensic expertise. protection of safety, health and public order in circumstances of exceptional severity and magnitude, remaining in the rest of the activities under the general rules for the prevention of occupational risks.

Article 3. Integration of preventive activity. Occupational Risk Prevention Plan.

1. The preventive activity to be carried out in each department or public body affected by this royal decree must be integrated into its corresponding general management system, in the terms set out in Article 1 (1) and (2) of the Royal Decree. Decree 39/1997 of 17 January.

2. The Plan for the Prevention of Occupational Risks is the tool through which the preventive activity of the Departments and public bodies in their general management system must be integrated, in the terms established in Article 2 of the Royal Decree 39/1997 of 17 January.

3. The Occupational Risk Prevention Plan shall be reflected in a document to be kept at the disposal of the labour authority, the health authorities and workers ' representatives, and shall include, with the appropriate breadth of the size and characteristics of each public department or body, the following elements:

(a) The identification of the public department or body, its activity, the number and characteristics of the work centres and the number of workers and their characteristics with relevance in the prevention of risks labor.

b) The organisational structure of the Department or public body, identifying the roles and responsibilities assumed by each of its hierarchical levels and the respective channels of communication between them, in relation to the prevention of occupational risks.

(c) The identification, where appropriate, of the different work processes, practices and organisational procedures in the Department or body in relation to the prevention of occupational risks.

d) The organization of prevention in the Department or agency, indicating the preventive modality chosen and the existing representation bodies.

e) The policy, objectives and goals that the Department or agency intends to achieve in preventive matters, as well as the human, technical, material and economic resources of which it will have the effect.

4. As set out in Article 2.3 of Royal Decree 39/1997 of 17 January, the assessment of occupational risks and the planning of preventive activity as essential instruments for the management and implementation of the Risk Prevention Plan Labour must be carried out in the general form laid down in Article 16 of Law 31/1995 of 8 November, in so far as the provisions laid down in Articles 25, 26 and 27 of the Act of 8 November 1995 are the case, and according to Chapter II of that Royal Decree 39/1997 of 17 January.

Article 4. Participation and representation.

1. As a general rule and without prejudice to the specific rules applicable to the collectives referred to in Article 2 (2) to (5) of this royal decree, they are:

(a) To the Boards of Personnel, Company Committees, staff delegates and trade union representatives, the functions referred to in Article 34.2 of Law 31/1995 of 8 November.

(b) To the Delegates of Prevention, the powers and powers laid down in Article 36 of Law 31/1995 of 8 November.

(c) To the Safety and Health Committees, the powers and powers laid down in Article 39 of Law 31/1995 of 8 November.

2. The Technical Commission for the Prevention of Labor Risks, which is dependent on the General Administration of the General Administration of the State, regulated by article 36.3 of Law 7/2007, of 12 April, of the Basic Staff Regulations, will be the specific body for the participation and negotiation of trade union organisations in the field of occupational risk prevention, as set out in Article 37 of the Basic Statute.

3. Within the scope of each public department or body, where agreed upon in such a manner and provided that there is more than one Committee on Safety and Health, there may be a Committee on the Prevention of Occupational Risks which, if appropriate, shall be adapt, if they are already constituted, in accordance with the general criteria for the management of negotiation tables established by Law 7/2007 of 12 April.

Article 5. Prevention Delegates.

1. The Delegates of Prevention shall be appointed by the representatives of the staff with presence in the areas of the organs of representation of the staff and between, on the one hand, those officials who are members of the Staff Board and, on the other hand, the representatives of the staff members of the Enterprise Committee or staff delegates, another system of designation may be agreed in accordance with the provisions of Article 35.4 of the Law 31/1995, of Prevention of Occupational Risks.

The agreement to use, where appropriate, other systems of designation of the Prevention Delegates shall be adopted by the Technical Commission for the Prevention of Occupational Risks.

2. The number of the Prevention Delegates that may be designated for each of both staff collectives shall be adjusted to the scale set out in Article 35.2 of Law 31/1995 of 8 November.

3. Each Department or public body, as well as the Delegations and Subdelegations of the competent Government, shall individually accredit the Delegates of Prevention, in order to facilitate the performance of their tasks, once communicated his appointment.

4. The Prevention Delegates, whatever the system by which they have been appointed, shall have the powers and powers conferred on them by Article 36 of that Law 31/1995 and shall, in the performance of their duties, be provided with the guarantees. established for the purpose in Article 37 of that Act.

5. The time used by the Delegates of Prevention for the performance of those powers and powers shall be considered as an exercise of representation functions, for the purposes of using the credit of paid monthly hours in Article 68 (d) of the Workers ' Statute and paragraph (d) of Article 41 of Law 7/2007, of the Basic Staff Regulations, and Article 10.3 of the Organic Law on Freedom of Association.

It shall be considered, in any event, as effective working time, without imputation to the credit schedule, corresponding to the meetings of the Committee on Safety and Health and any other meetings convened by the Administration in the field of for the prevention of occupational risks, as well as for the visits provided for in paragraphs (a) and (c) of Article 36.2 of Law 31/1995 on the Prevention of Occupational Risks.

6. The competent bodies shall provide the Prevention Delegates with the means and training in preventive matters which are necessary for the exercise of their duties, after consultation of the staff representatives.

Training should be provided by the Administration by its own means or through concert with accredited bodies, entities or trade union organizations.

Time spent on training will be considered as effective working time for all purposes.

7. The Technical Commission for the Prevention of Occupational Risks may, where appropriate, propose other figures or areas of representation for the Delegates of Prevention, in the framework of the Spanish and European strategies in force at every moment in this field.

Article 6. Committee on Safety and Health.

1. The Committee on Safety and Health is the joint and collegial body for participation, which is aimed at regular and regular consultation of the actions of the General Administration of the State and of the public bodies included in the field of application. of this royal decree on the prevention of occupational risks. The said Committee shall consist of the Prevention Delegates appointed in accordance with Article 5 of this Royal Decree and by representatives of the Administration in numbers not exceeding the number of delegates.

The Administration shall provide its representatives in the Committee on Safety and Health with specific training in the prevention of occupational hazards appropriate to its functions and responsibilities.

2. In general, a Committee on Safety and Health will be set up in each province, which will depend on the Government's sub-delegation, and the non-integrated services should be provided with all the cooperation necessary by the Subdelegates of the Government to facilitate its constitution.

However, a Safety and Health Committee may be constituted in a non-integrated service or delegation of a public body, when it has 50 or more public employees in the province, in accordance with Articles 34.3 and 38.2 of Law 31/1995 of 8 November.

In those provinces where multiple service buildings exist, a single Committee on Safety and Health by building may be established.

3. In order to facilitate compliance with the provisions of Article 34.3.c) of Law 31/1995 of 8 November, it is for the Directorate-General of the Civil Service to draw up criteria for the establishment, modification and operation of the the different Committees existing in a province; criteria to be presented to the Technical Commission for the Prevention of Occupational Risks.

4. The meetings of the Committee on Security and Health may participate, with a voice but without a vote, of the trade union delegates, the trade union advisers, if any, and the technical prevention officers in the field concerned. Such technical officers may not, as a consequence, be part of the Committee as exclusive representatives of the Administration.

Under the same conditions, personnel may be involved with a special qualification or information regarding specific issues to be discussed in this body and technicians in prevention from outside the General Administration. of the State, provided that it so requests any representations of the Committee.

5. The Safety and Health Committee shall meet on a quarterly basis and whenever requested by any of the representations therein. The Safety and Health Committee shall adopt its own operating rules.

6. Departments and public bodies with several work centres with a Committee on Safety and Health may agree with their staff on the creation of an Inter-Centres Committee, with the tasks assigned to it by the agreement.

Article 7. Prevention Services.

1. In compliance with the duty to prevent occupational risks, the competent bodies shall determine, after consultation with the representatives of the staff and in accordance with the organisational and territorial structure of their bodies, as well as the type of risks present in the same and its impact on public employees, the modality of the organization of the resources necessary for the development of the preventive activities more adjusted to its characteristics, enhancing the use of the own resources existing in the General Administration of the State and in the agencies public included in the scope of this royal decree.

2. The organisation of the resources necessary for the development of preventive activities shall be carried out by the competent bodies in any of the following ways, or any combination thereof, as specified in the Following points of this Article:

a) Constituting a prevention service of their own.

b) Designating one or more public employees to perform it.

c) Recurring to a foreign prevention service.

A priority will be given to the constitution of own prevention services, temporarily hiring the preventive activities that are difficult to assume due to their technical complexity.

3. A personal prevention service must be created, with the possibility of partial assumption of preventive activity by an alien prevention service, when any of the following cases are present:

(a) In the central services of the Ministerial Departments with more than 500 public employees, and in those with between 250 and 500 public employees and develop any of the activities included in the Annex I of Royal Decree 39/1997 of 17 January.

(b) In the provincial field, a preventive service must be created in general in all non-integrated services or delegations of public bodies that have more than 500 employees in a province. public, and in those who have between 250 and 500 public employees and develop some of the activities listed in Annex I to Royal Decree 39/1997 of 17 January.

However, it will also be possible to constitute a preventive service for more than one province in the ministerial departments or public bodies when they have more than 500 public employees in all of them, or have between 250 and 500 public employees and develop any of the activities listed in Annex I to the Prevention Services Regulation, after having informed the Commission referred to in Article 4.3 of this Royal Decree or, in their defect, to the Technical Commission on Occupational Risk Prevention.

(c) And where this is deemed necessary in the Departments, public bodies and workplaces, depending on the hazard of the activity developed or the frequency and severity of the accident, or the volume of effective work centres.

This prevention service shall have at least two of the preventive disciplines or disciplines provided for in Article 34 of Royal Decree 39/1997 of 17 January, developed by experts with the training required for the functions to be performed, as set out in Chapter VI of the same.

4. The establishment of joint prevention services may be agreed between those ministerial departments and public bodies which simultaneously develop activities in the same building or in a limited geographical area, provided that it is guaranteed the operability and effectiveness of the service in accordance with the provisions of Article 21 of Royal Decree 39/1997 of 17 January 1997, and in accordance with the criteria which the Technical Commission for the Prevention of Occupational Risks can establish.

If the joint service affects several ministerial departments, it shall be assigned to the delegation or subdelegation of the government concerned, and shall be responsible for making or requesting the budgetary adjustments which, if necessary, necessary to assume all the costs of establishment and operation of the same.

If the holders of such a joint service were several agencies under the same ministerial department, they must agree among them the criteria and the allocation of their funding, as well as their membership.

5. In cases where the establishment of own or joint prevention services does not proceed, or sufficient and adequate coverage is needed for the territorial structure and organisation, if any, of the Department or body, it must appoint one or more public employees to take care of the preventive activity, which must also have the required training for the functions to be carried out, as laid down in Chapter VI of Royal Decree 39/1997 of 17 December 1997. January. Such designated public employees could supplement the Prevention Service in a particular area, in which case they should act under the coordination and with the effective support of the Prevention Service.

The need to supplement the action of a preventive or joint prevention service of a Department or agency, through the designation of public employees, may be encouraged by the Directorate General of the Civil Service. where they are assessed for reasons of dispersion or coverage as they advise, without prejudice to the powers conferred on it by the Labour and Social Security Inspectorate.

Designated public employees may be both civil servants and employees.

When opting for the designation of public employees for the performance of prevention activities, this should be consulted with the staff representation bodies.

6. The designation shall clearly express:

(a) The scope of action of the designated worker, indicating the organisation or part of the organisation on which he/she shall act, and the functions to be carried out, in particular those laid down, according to the level, in Articles 35, 36 or 37 of Royal Decree 39/1997 of 17 January 1997. Those tasks shall be part of the overall task relationship to be developed by each Government Delegation or Subdelegation.

b) The exclusive dedication character, whenever possible, indicating the minimum time of dedication, if not.

c) The means to be made available to you.

(d) The Prevention Service of the Department or body to which it is attached, if any, indicating the coordination to be established and the mechanisms of communication with it. Such membership shall be compulsory provided that the Department or body concerned has a Own or Joint Prevention Service.

7. In accordance with paragraph 2 of this Article, in cases where the specificities of the organisation so require, one or more other prevention services may be used which shall cooperate with each other where necessary, must comply with the provisions of Articles 16 to 19 of the Prevention Services Regulation and fulfil the concert in accordance with Article 20 thereof, after consulting the relevant Prevention Delegates or the Commission to which the Article 4.3 of this Royal Decree, if any, and subsequent communication to the Technical Commission of Prevention of Occupational Risks.

Article 8. Qualification levels and functions

1. The tasks and levels of qualification of staff carrying out the tasks of prevention of occupational risks shall be in accordance with the provisions of Chapter VI of the Prevention Services Regulation, with the following functions being classified as in the following groups:

a) Basic level functions.

b) Intermediate level functions.

c) Top-level functions, corresponding to the specialties and preventive disciplines of work medicine, occupational safety, industrial hygiene and ergonomics and applied psychosociology.

2. In order to develop the basic level functions it will be necessary to have the training provided for in Article 35 (2) and (3) of Royal Decree 39/1997 of 17 January, which approves the Prevention Services Regulation.

3. In order to be able to perform the functions of intermediate and higher level in the field of the General Administration of the State it will be necessary to prove that the required training is available in each case, through some of the following routes:

(a) Accreditation certification that a training programme has been exceeded with the content set out in Annexes V or VI respectively to Royal Decree 39/1997,

b) Specific academic or professional qualification, which has been officially established for this purpose.

The possibilities provided for in points (a) and (b) above may be applied to both official and labour personnel, as well as to statutory and military personnel.

(c) On an alternative basis, in the case of officials, have passed an opposition with a content equivalent to that laid down in Annexes V or VI respectively to that Royal Decree 39/1997. The certification of such equivalence must be carried out by the General Directorate of the Civil Service.

4. The departments and public bodies shall carry out the necessary measures to adapt the structures and staff available to the tasks and levels of qualification of the staff carrying out the prevention tasks. of occupational risks.

Such functions may be performed interchangeably by official or labor personnel, in the terms set out in Article 15.1 of Law 30/1984, of 2 August, of measures for the Reform of the Civil Service.

5. Trade union organizations will participate in the elaboration and execution of the training projects and programs, in the terms provided for in the legislation in force in this field.

Article 9. Presence of preventive resources and coordination of business activities.

1. The presence of any preventive resources in a work center of the General Administration of the State included in the scope of this royal decree, whatever the organization of the preventive resources that has been chosen, it will be necessary in the cases and with the characteristics set out in Article 32a of Law 31/1995 of 8 November and in Article 22-bis of Royal Decree 39/1997 of 17 January.

2. In addition, where workers ' activities in the same workplace are carried out by other or other public authorities or by other undertakings or self-employed persons, the measures must be adopted and the means of coordination provided for, According to Royal Decree 171/2004 of January 30, for the development of article 24 of Law 31/1995, of 8 November, of Prevention of Occupational Risks, in the field of coordination of business activities.

Article 10. Control instruments.

1. Without prejudice to the specific regulation in this respect, it is established in royal decrees 179/2005 of 18 February, of 16 January 2006, of 16 January and 1755/2007 of 28 December 2007, in the field of the General Administration of the State Prevention should be subject to regular monitoring by means of external audits or evaluations. Its implementation will be carried out by the National Institute of Safety and Hygiene at Work, as a specialized technical scientific body of the General Administration of the State, which is responsible for the analysis and study of security and safety conditions. health at work, as well as the promotion and support to the improvement of the same. This competence shall be without prejudice to those of the Nuclear Safety Board in accordance with its specific legislation.

The first audit of the prevention system must be carried out within 12 months of the date on which the planning of the preventive activity is available and must be repeated every four years, or in the circumstances provided for in Article 30.4 of Royal Decree 39/1997 of 17 January 1997 on the Regulation of the Prevention Services.

2. The audit, as a management tool to include a systematic, documented and objective assessment of the effectiveness of the prevention system, shall be carried out in accordance with the technical standards established or which may be established and taking into account the information received from public employees, and will have as objectives:

a) Check how the initial and periodic risk assessment has been performed, analyze their results and verify them, if in doubt.

b) Check that the type and planning of preventive activities is in line with the provisions of the general rules, as well as the rules on specific risks that are applicable, taking into account the results of the assessment.

c) To analyze the adequacy between the procedures and means required to perform the preventive activities and the resources available to the Department or public body, own or concerted, taking into account, in addition, the how they are organized or coordinated, if any.

d) Based on all of the above, assess the integration of prevention into the general management system of the Department or public body and assess the effectiveness of the prevention system to prevent, identify, evaluate, correct and control occupational risks at all stages of activity.

3. Whichever procedure is used, the minimum reference methodology or procedure shall include at least:

(a) An analysis of the documentation relating to the occupational risk prevention plan, the risk assessment, the planning of the preventive activity and how much other information on the organisation and activities of the Department or public body is necessary for the exercise of the audit activity.

b) A field analysis to verify that the documentation referred to in the preceding paragraph accurately and accurately reflects the preventive reality of the Department or public body. Such analysis, which may be carried out using sampling techniques where necessary, shall include a visit to the posts.

c) An assessment of the adequacy of the Department's prevention system or public body to the regulations for the prevention of occupational risks.

d) Conclusions on the effectiveness of the Department's or public body's occupational risk prevention system.

4. The results of the audit shall be reflected in a report containing the content specified in Article 31 of Royal Decree 39/1997 of 17 January.

This report shall be kept at the disposal of the competent labour authority and a copy thereof shall be delivered to the representatives of the workers in the Committee on Safety and Health.

5. For the purpose of this control function, the National Institute for Safety and Hygiene at Work will have the collaboration of the Directorate General of Administrative Organization and Procedures of the Ministry of the Presidency and of the Service inspections of each Department or public body. In public health institutions, such collaboration may be carried out by the Health Inspectorate.

6. Without prejudice to all of the above, the General Administration of the State shall encourage each Department or public body to submit, on a voluntary basis, its system of prevention to the control of an audit or evaluation, external or internal, to enable decision-making to improve and improve.

Article 11. Duties of the Directorate-General of the Civil Service in the field of occupational risk prevention.

The Directorate General of the Civil Service will perform functions of coordination, monitoring, promotion and promotion of the prevention of occupational risks in the General Administration of the State and will assume the dialogue with the representative trade union organisations in the field of application of this royal decree.

Specifically, perform the following functions:

(a) Exercise the chairmanship of the trading and participation body referred to in Article 4.2.

b) Develop a permanent follow-up action on the preventive activity of the General Administration of the State. For this purpose, the competent risk prevention bodies in each department or public body shall regularly inform the Directorate-General of the Public Service of the state of play in the field of risk prevention. In particular, on the available resources and their organisation, the functioning of the mechanisms for consultation and participation, the implementation and operation of the plans and systems for the management of occupational risk prevention, as to the activities carried out and results obtained in the field of occupational accidents and improvement of safety and health conditions at work. Such information shall be provided on the media to be established for this purpose.

Likewise, the aforementioned competent bodies in the field of risk prevention in each department or public body, must send to the General Directorate of the Civil Service a copy of all external prevention audits to be performed on the same.

c) Perform functions of general coordination of the prevention function in the field of the General Administration of the State, especially as regards the fixing and approximation of criteria, supports and methodologies The Commission is also responsible for the implementation of the programme, as well as for the coordination with the National Institute of Safety and Hygiene at Work in relation to the advisory, training and audit functions which the National Institute has among its tasks. Likewise, it will ensure coordination between the Ministries that are part of the representation of the General Administration of the State in the National Commission on Safety and Health at Work, as regards the application of the criteria of the Commission to the public employees of the General Administration of the State.

d) Promote and manage study, training or other actions deemed necessary and/or agreed within the Technical Commission for the Prevention of Occupational Risks, either interdepartmental or with other Administrations, as well as those aimed at the evaluation, improvement and improvement of the management systems of the Departments and public bodies and the promotion of good preventive practices in the field of the Administrations Public.

e) Develop reports and consultations regarding the interpretation of the regulations on the prevention of occupational risks dictated for their specific application in the field of the General Administration of the State, without prejudice to the (i) the powers of the Directorate-General for Employment in respect of the general labour law.

Additional disposition first. Medical services of public departments and agencies.

The medical services of the Departments and public agencies will collaborate with the prevention services of the corresponding departments and public bodies in which they exist, without prejudice to the continued operation of the services. those functions that they have attributed, other than those of the prevention service itself.

Additional provision second. Representations of Spain abroad.

In the representations of Spain abroad, an appropriate policy of risk prevention will be applied that contains actions of occupational health aimed at achieving a normal and effective application of the generic principles contained in the Law on the Prevention of Occupational Risks and the effects of the application of this Royal Decree of adaptation to it, taking into account the peculiarities derived from its organization, geographical dispersion and regime applicable to its personnel.

Additional provision third. Budgetary adjustments and the relationship between jobs.

1. The changes in the relations of posts and the expenses arising from the implementation of the measures provided for in this royal decree must be carried out by each Department and public body with charge to its budget, without prejudice to the specificities set out in Articles 7.4 and 8.4 respectively.

2. In the event that for the application of this royal decree it was necessary to adapt the relations of the working places of the ministerial departments and public bodies affected, such adaptations will not be able to generate in any case increase in the staff costs of those Departments or agencies.

Additional provision fourth. Control of occupational accidents.

To the sole effect of being able to carry out a unified statistical monitoring and monitoring of occupational accidents in the General Administration of the State, on the one hand, and to ensure that information on accidents and accidents occupational diseases that have occurred in this field may be known by the Labour and Social Security Inspectorate, within the competences that this organ has attributed, from the entry into force of this royal decree, all accidents work and occupational diseases that have occurred to public employees, must be declared in the corresponding official models, set out in Order TAS/2926/2002 of 19 November 2002 and Order TAS/1/2007 of 2 January respectively, whichever is the social security scheme to which they are affiliated.

Additional provision fifth. Adaptation of the Prevention Plans.

All the departments and public bodies included in the scope of this royal decree, will have to make, within one year, the necessary adaptations in each case in order to adapt their Management System of the Prevention of Occupational Risks, carried out in accordance with the Resolution of the Secretariat of State of Public Administrations of 17 February 2004, as set out in Article 3.3 thereof, in relation to the Plan of Prevention.

Additional provision sixth. Supplementary rules.

For all non-regulated issues in this royal decree, the general and specific rules for the prevention of occupational risks must be laid down.

Single transient arrangement. Special certification of intermediate level equivalent training.

By virtue of the provisions of the additional provision fourth to Royal Decree 39/1997 of 17 January, and of the provisions of point 6.5 of the Spanish strategy on safety and health at work 2007-2012, on the training of the intermediate level, and after consultation with the trade union organisations represented in the Technical Commission for the Prevention of Occupational Risks, in order to be able to provide the necessary resources and until a stable mechanism can be established. training in the framework of the system of the new "Professional Certificates" linked to the National catalogue of vocational qualifications, on the one hand, and update the requirements for access to new professional groups established by both Act 7/2007, 12 April and the Single Convention for Labour Personnel the General Administration of the State, on the other hand, may maintain the training requirements laid down in Article 36.2 of the said Royal Decree 39/1997, with regard to the training required for the performance of intermediate-level functions, with the limitations listed below.

This training may be provided and certified only by the National Institute of Safety and Hygiene at Work and/or the National Institute of Public Administration, and its validity will be limited to public employees. in the field of the General Administration of the State at the time of entry into force of this royal decree, and with a professional experience to be accredited by the General Directorate of the Civil Service.

Single repeal provision. Regulatory repeal.

The Royal Decree 1488/1998 of 10 July, adapting the legislation on the prevention of occupational risks to the General Administration of the State, and how many provisions of equal or lower rank are opposed, is repealed. willing in the present royal decree.

Final disposition first. Amendment of Royal Decree 1932/1998 of 11 September 1998 adapting chapters III and V of Law 31/1995 of 8 November on the Prevention of Occupational Risks to the field of military establishments and establishments.

First. Article 1 is amended as follows:

" This royal decree, under the additional provision of the ninth provision of Law 31/1995 of 8 November, on the Prevention of Occupational Risks, regulates the adaptation of the rules of Chapters III and V of this Law, rights and obligations in the field of safety and health at work and in the consultation and participation of workers, in order to implement them in the field of the working relationships of labour, statutory staff and civil servants providing their services in establishments dependent on the Military Administration. "

Second. Article 4 (2) is amended to read as follows:

" Two. The scope for the exercise of the role of representation in preventive matters shall be the official, work and statutory staff of each establishment. "

Third. Article 4 (3) is amended to read as follows:

" The number of Prevention Delegates shall be the number to apply the scale set out in Article 35.2 of Law 31/1995 of 8 November, to all the civil, statutory and labour civil servants assigned to each establishment of the Ministry of Defence. "

Fourth. Article 4 (4) is amended to read as follows:

" The Delegates of Prevention shall be appointed by and among the representatives of the staff in proportion to the personnel of the staff, statutory staff and civil servants assigned to each establishment. The Staff Boards shall appoint those of civil servants, the Provincial Committees or Personnel Delegates, where appropriate, those corresponding to the work staff and the unitary representative body, those referred to the staff statutory.

The Prevention Delegates appointed by the Staff Boards or by the unitary representative body shall have the status of civil servants or statutory staff assigned to centres or establishments. of the Ministry of Defense. "

Final disposition second. Entry into force:

This royal decree will enter into force in the month of its publication in the "Official State Gazette".

Given in Madrid, on January 29, 2010.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ