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Order Tin / 442/2009 Of 24 February, Amending The Tas / 3623/2006 Order Of 28 November, By Which Preventive Activities In The Field Of Social Security Regulating And Funding Foundation For The Prevention Of ...

Original Language Title: Orden TIN/442/2009, de 24 de febrero, por la que se modifica la Orden TAS/3623/2006, de 28 de noviembre, por la que se regulan las actividades preventivas en el ámbito de la Seguridad Social y la financiación de la Fundación para la Prevención de ...

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TEXT

In compliance with the forecast on funding of the Foundation for the Prevention of Occupational Risks, contained in paragraph 2 of the fifth additional provision of Law 31/1995 of 8 November, Prevention of Risks Article 8 of the Order TAS/3623/2006 of 28 November 2006, which regulates preventive activities in the field of social security and the financing of the Foundation for the Prevention of Industrial Irrigation, establishes in its paragraph 2 that the amount of the contributions to the said foundation, from the Fund for Prevention and Rehabilitation shall be fixed annually by the Secretary of State for Social Security, without the contribution being able to exceed the limit of EUR 25 million.

Moreover, among the actions mentioned in the plan for the implementation of the Spanish Strategy for Safety and Health at Work 2007-2012 is the development of sectoral and territorial programs aimed at promoting the The aim of this strategy is to promote safety and health at the level of the enterprises identified in the plan, which are set out in the objective set out in the strategy to strengthen the role of the social partners and the involvement of employers and employees. workers in the improvement of safety and health at work. The same strategy provides for the financing of these programs through the Foundation for the Prevention of Labor Risks, through an additional funding line, complementary to that established for the fulfillment of its objectives in the referred to in Article 8 (2) of Order TAS/3623/2006 of 28 November 2006.

Taking into account that, in accordance with Article 8.1 of the aforementioned Order TAS/3623/2006 of 28 November 2006, the said foundation is financed with 80% of the excess surplus in the management of the professional contingencies obtained by the mutual work accidents and occupational diseases of the Social Security, whose existence and amount in each exercise are variable, as well as the need to adapt the contributions that annually the resources generated by the mutual funds are made available for each financial year with which they are have to finance such contributions, it is advisable to amend that order in the sense that the questions raised may be considered by the Secretary of State for Social Security in order to establish the amount Annual report on the contributions to the Foundation for the Prevention of Occupational Risks.

Trade union organizations and the most representative business associations have been consulted in this order.

This order is made in use of the powers granted by Article 12 of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, by Article 5 of the recast of the Law General of Social Security, approved by the Royal Decree of Law 1/1994 of 20 June, and by the final provision of the Regulation on the collaboration of mutual occupational accidents and occupational diseases Social, approved by Royal Decree 1993/1995, of 7 December.

In its virtue, I have:

Single item. Amendment of Order TAS/3623/2006 of 28 November regulating preventive activities in the field of social security and funding of the Foundation for the Prevention of Occupational Risks.

A new paragraph is added to Article 8 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 hazards, identified with number 3, with the following wording:

" 3. With 80% of the excess surplus in the management of the professional contingencies generated by the mutual accidents of work and occupational diseases of the Social Security, entered in the Banco de España This Ministry will be able to make additional contributions to the Foundation for the Prevention of Occupational Risks to finance the sectoral and territorial programs aimed at promoting the promotion of the safety and health of workers in companies and strengthen the role of the social partners and the involvement of Employers and workers in their improvement, as provided for in the Spanish Strategy on Safety and Health at Work 2007-2012.

The amount of these additional contributions, which shall be complementary to those provided for in paragraph 1 of this Article and shall not be counted within the annual limit set out in paragraph 2, shall be established annually by the Secretary of State for Social Security, taking into account the excess surplus generated by mutual funds in the last financial year. "

Single end disposition. Entry into force.

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

Madrid, 24 February 2009. -Minister of Labour and Immigration, Celestino Corbacho Chaves.