Article 40.2 of the Spanish Constitution entrusts public authorities, as one of the guiding principles of social and economic policy, to ensure safety and hygiene at work.

At European level, a legal acquis on the protection of workers ' health has been created, the most significant of which is Council Directive 89 /391/EEC of 12 June 1989 on the implementation of measures for the to promote the improvement of the safety and health of workers at work. This Directive covers all sectors of public or private activities in its field of application, except where the particularities inherent in certain specific activities of the civil service are clearly opposed. For example, it happens in the Armed Forces. However, it also states that, even in such cases, it will be necessary to ensure that the safety and health of workers are ensured as far as possible, taking into account the objectives pursued by this Community standard. In this sense, the general principles set out in Law 31/1995 of 8 November on the Prevention of Occupational Risks will inspire the activities of the Armed Forces in general.

Law 31/1995 of 8 November transposed this directive into Spanish law. The scope of this law has been amended by the second final provision of Law 31/2006 of 18 October on the involvement of workers in European public limited companies and cooperatives in order to adjust their content to the provisions of the Directive.

The general rule 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 are prevent. However, in accordance with the Directive, the rules governing the protection and health of its members in the exercise of these activities will also have to be inspired by the Law of 8 November 1995 on the Prevention of Occupational risks. Furthermore, for the specific regime of rights and duties of military personnel and the organisation of the Armed Forces, the additional provision of the ninth bis added by the aforementioned Law 31/2006 of 18 October determines that the Chapters III, V and VII of Law 31/1995 of 8 November of the Prevention of Occupational Risks shall be applied in accordance with the specific military regulations.

peculiarities of the strictly military missions are not incompatible with the application of security measures or other measures aimed at protecting the health of the members of the Armed Forces who carry out these missions. On the contrary, the Armed Forces have traditionally equipped themselves with their internal rules of safety and hygiene at work: in each of the missions they carry out, the plan of action, comprehensive of concrete measures to be enforced in order to achieve the completion of the objectives by safeguarding the personal integrity of those who have to do so.

As far as health is concerned, the Armed Forces have a mechanism of their own to determine the psycho-physical faculties of their staff, the Royal Decree-to 944/2001 of 3 August, for which the regulation for the determination of the psycho-physical fitness of the Armed Forces personnel, which allows, from the point of view of the health of the members of the Armed Forces, to harmonize the possible psycho-physical limitations of the military with the characteristics of the job, all without prejudice to the effort made in the interests of a complete Women's integration, which is included in health surveillance, is designed to provide special protection for pregnancy and breastfeeding cases.

Finally, with the present royal decree, it is also a question of optimizing the structures of prevention of occupational risks in the field of the Ministry of Defense with those of new creation, in the case of the discipline as an integrated whole where the ultimate aim is the protection of people, whether they are civilians or military, in their workplaces and in the performance of their activities, while respecting the peculiarities of each of the collectives.

The draft royal decree has been structured in three chapters, collecting the first general rules, scope and definitions that are precise for further development.

Chapter II is dedicated to the prevention of occupational risks as such and includes, in four sections, the principles and preventive activities, the prevention plans, the health surveillance and the obligations in relation to the for the prevention of occupational risks.

In the last of the chapters the organization and structure of the service will be affected, as well as the control procedures.

Ends the royal decree with a series of provisions where, among other issues, the necessary deadlines for adaptation to the new normative reality are established; a single repeal provision that establishes legality and three final provisions which are dedicated to the title of competence, to regulatory enablement and to the entry into force.

In its virtue, on the proposal of the Minister of Defense, with the authorization of the Minister of Economy and Finance, with the prior approval of the Minister of Public Administration, according to the State Council and after deliberation of the Council of Ministers at its meeting on 28 December 2007,

D I S P O N G O:

CHAPTER I

General rules

Article 1. Object.

1. This royal decree aims to promote the safety and health of the personnel of the Armed Forces in the performance of their duties, by developing the forecasts contained in Law 31/1995 of 8 November, Prevention of Risks Labor, as well as members of the Civil Guard Corps who provide services at the Ministry of Defense.

2. It also aims to establish the model and functions of prevention services at the Ministry of Defence.

Article 2. Scope.

This royal decree will apply according to the following forecasts:

(a) Personal scope: includes all personnel of the Armed Forces except those referred to in Article 2 (a) of Royal Decree 179/2005 of 18 February 2005 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 will apply, without prejudice to the necessary relations of this service with the (a) the prevention or safety and health committees which may exist, as set out in Royal Decree 1932/1998, 11 September, of adaptation of Chapters III and IV of Law 31/1993 of 8 November of the Prevention of Occupational Risks, the scope of military centers and establishment.

b) Scope of activities: includes activities carried out at the Ministry of Defense, in accordance with the provisions of Article 3 of Law 31/1995 of 8 November on the Prevention of Occupational Risks, in the wording given by Law 31/2006 of 18 October on the involvement of employees in European public limited companies and cooperatives.

c) Space: Comprises all the Units, Centers and Organisms of the Ministry of Defense, as well as the autonomous agencies to the attached.

Article 3. Definitions.

For the purposes of this royal decree:

a) Training and training activities: Those that are included in the General Plans of Instruction and Training of each army that the military, either individually or framed in a Unit, performs with the purpose of preparing for the performance of the tasks assigned to it.

(b) Operational activities: Those that are executed in an operation, on national or foreign territory, following the guidelines set out in an operations plan.

(c) Unit, centre or body (UCO): The facilities of the Ministry of Defence and the autonomous agencies shall be called upon to be designated by the Ministry of Defence, whatever their designation, the army of membership, carry out, or means containing, the military establishments, the waterings, the bases, the vessels and any other similar consideration.

(d) Audits: inspections, checks and examinations of a technical nature, carried out by the appropriate technical workers in the prevention of occupational risks and which aim to ensure that the inspected installations comply with the all time the applicable regulations in order to promote safety and health at work.

CHAPTER II

From Job Risk Prevention

Section 1. Principles and preventive activities

Article 4. Right to protection against occupational risks.

The staff included in the scope of this rule has the right to effective protection in the area of safety and health at work, which is the responsibility of the Ministry of Defence to act in accordance with the principles set out in Law 31/1995 of 8 November on the Prevention of Occupational Risks in the form set out in this royal decree.

Such right comprises:

(a) The adoption of the necessary measures for the elimination or, where appropriate, reduction of risks.

b) Provide the necessary information on preventive matters.

c) Establish channels of participation for the formulation of proposals in preventive matters.

d) The obligation to provide the necessary training in the field of occupational hazards.

e) The monitoring of their health in relation to the risks to which they may be exposed.

Article 5. Principles of preventive action.

Measures that integrate the general duty of prevention shall be established and implemented in accordance with the following principles:

a) Avoid risks.

b) Evaluate the risks that cannot be avoided.

c) Reduce potential risks.

d) Combat the risks at source.

e) Adapting the job position to the person.

f) Incorporate new technologies.

g) Plan prevention, seeking a coherent set that integrates the methods and organization of work, technological means, and environmental factors at work.

h) Adopt measures that put collective protection before the individual.

i) Imparting due instructions to staff regarding occupational risks.

Article 6. Integration of occupational risk prevention, prevention plan, risk assessment and preventive activity planning.

1. The prevention of occupational risks in the field of the Ministry of Defense should be integrated in all its activities through the implementation and implementation of the corresponding plan for the prevention of occupational risks.

To this end, the corresponding occupational risk prevention plans shall be drawn up which, at least, include the organisational structure, responsibilities, functions, practices, procedures, processes and procedures. the resources required to perform the risk prevention action.

2. The prevention of occupational risks will begin with an initial assessment of the risks and the subsequent planning of the preventive activity, which must be carried out taking into account the nature of the activity to be carried out, the characteristics of the posts, the staff to be carried out and the services to be determined. An assessment shall also be carried out on the choice of the equipment and systems to be used, the chemical substances or preparations and the conditioning of the workplaces.

The assessment will be updated on the occasion of the change in working conditions and, in any case, subject to consideration if there has been any health damage being reviewed if necessary.

3. If, as a result of the evaluations referred to above, the existence of situations of risk or of situations whose development may result in a risk situation, the necessary measures for the elimination or reduction of such risks. Such measures shall be planned by designating those responsible, the human and material resources to carry it out, as well as the time limit for their implementation.

4. For the training, training and operational activities of the Armed Forces, they shall apply their own security and operational rules, the whole of which shall constitute the plan for the prevention of occupational risks for the activities of instruction, training and operational. The flight activities and directly related to the flight activities shall be regulated according to their specific rules.

Article 7. Information.

1. The staff included in the scope of this royal decree will be informed of:

(a) The risks to their safety and health related to the activities they carry out in the exercise of their functions.

(b) the established collective and individual protection measures, which they must respect and implement in order to eliminate or reduce the risks referred to in the previous paragraph.

(c) The emergency measures provided for in the cases referred to in Article 12.

2. The information shall be provided in such a way as not to prejudice the effectiveness of the mission or to break the rules on information security.

Article 8. Participation.

The personnel included in the scope of this royal decree will be able to make the proposals for preventive activities that it deems appropriate to improve safety and health at work. Such proposals shall be made on an individual basis by:

a) The Head of the UCO.

b) Directly to the UCO Prevention Body.

c) For any other participation channel that is enabled in the UCO.

Article 9. Training.

Job risk training will be ensured by:

a) His inclusion in the different levels of military teaching.

b) Courses that are taught in relation to the job position and the use of different materials and equipment.

Section 2 of the Job Risk Prevention Plans

Article 10. General Plan for the Prevention of Occupational Risks.

Each of the structures set out in Article 22.1 of this royal decree will draft a General Plan for the Prevention of Labor Risks that will contain, at least, the organization of the service, the relations, its distribution geographical, the training of personnel with responsibility in the same, the procedures, processes and practices used and the material and human resources allocated.

Article 11. Ordinary Plan for the Prevention of Occupational Risks.

Each UCO, up to the level determined in the General Plan referred to, will have its own Ordinary Plan for the Prevention of Occupational Risks, in which it will be made explicit mention of the UCO's to which it applies, in the case of the use of the pool referred to in Article 22 (7) and (8

.

This plan shall contain at least the organisational structure, responsibilities, functions, practices, procedures, processes and resources required to perform the risk prevention action.

Article 12. Emergency measures.

The UCO's, depending on the magnitude and type of activity that takes place in their space, will have to analyze the possible emergency situations, and adopt the necessary measures of action in the field of evacuation, fire and first aid, which must be the subject of proper updating.

Article 13. Dissemination of plans.

The plans referred to in this section will be made available to the staff concerned to the extent that it affects them, always respecting the confidentiality of all information related to Security and Defense. National.

Section 3. Of Health Surveillance

Article 14. Health surveillance.

1. The staff included in the field of application of this royal decree shall be entitled to adequate health surveillance in relation to the risks arising from the position of work which it carries out through appropriate medical examinations. specific.

2. Such recognition shall be compulsory in cases where it is essential to assess the effects of working conditions on the health of staff or to verify whether their state of health may constitute a danger to the health or safety of staff. other staff or third parties related to the Unit, Centre or Agency. As well as in the cases provided for in Article 25.2 of Law 31/1995 of 8 November, Prevention of Occupational Risks.

3. In cases where the nature of the risks inherent in the posts in question makes it necessary, the right to the periodic monitoring of their health shall be prolonged even if they are not in a situation of service. active.

4. Personnel involved in operations excluded from the scope of this royal decree shall also be entitled to adequate health surveillance.

Article 15. Measures for the protection of maternity.

1. Of the activities carried out in the workplace, the risk assessment shall determine which procedures, working conditions and exposures of any kind which may have a negative impact on the health of pregnant women, foetuses, in the case of breast-feeding mothers or of their infant children.

If it is determined that these risks exist, measures will be taken to enable the conditions or working time of the affected worker to be adapted.

2. If the nature of the post does not permit variations to eliminate the risk or if, despite the measures taken, the risk remains as determined by the binding prevention service report, a job or a job will be assigned to it. Organic position other than that which it has occupied, where appropriate, the reinstatement to the previous post when the circumstances which led to the assignment of that post cease.

Article 16. Protective measures for staff with insufficient psycho-physical conditions.

For personnel included in the scope of this royal decree that has been declared with limitations to occupy certain destinations, the characteristics of its limitation will be taken into account when assigning a certain job, taking the appropriate preventive and protective measures.

Article 17. Protection of data relating to health.

Health surveillance and control measures shall be carried out in accordance with the right to privacy and the dignity of the staff and the confidentiality of all information related to their health, compliance with the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

In order to improve preventive activity, the competent bodies in the field of prevention shall be informed of the general conclusions arising from the medical examinations carried out as a result of the referred to in Article 14 of this royal decree.

Section 4. Obligations in the field of occupational risk prevention

Article 18. Obligations of the Ministry of Defence.

1. In relation to the prevention of occupational risks, the Ministry of Defense will assume the obligations that the Law 31/1995, of 8 November, of Prevention of Labor Risks, assigns to the employer.

2. Without prejudice to other obligations set out in this royal decree, the administrative bodies within its scope shall take the necessary measures to ensure, to the extent that it is reasonably practicable, security and health of personnel when using media and equipment.

Similarly, they must provide the personnel within the scope of this royal decree with the appropriate personal protective equipment for the performance of their tasks and ensure the effective use of them when, by the nature of the missions performed, are necessary.

They will also have to take the necessary measures in the field of first aid, fire fighting and evacuation of personnel, for which they will be assigned the means necessary to implement these measures.

3. In cases of serious and imminent risk, where possible, the staff concerned shall be informed of their existence and of the measures taken or, where appropriate, to be taken in the field of prevention.

In any event, in the ordinary development of any activity, adequate information and training in preventive matters as well as due health surveillance shall be provided in relation to the risks of the job.

Article 19. Documentation.

1. The Head of the UCO shall draw up and keep at the disposal of the competent authorities as required by the following documentation relating to the obligations laid down in the preceding Articles:

a) Ordinary Plan for the Prevention of Occupational Risks.

b) Assessment of the risks to safety and health in the work and planning of preventive activity, as foreseen in this royal decree.

(c) Protective and preventive measures to be taken and, where appropriate, protective material to be used.

d) Result of the periodic controls of the working conditions and the activity of the workers, in accordance with the provisions of this royal decree.

e) Practice of the health status controls of the workers provided for in this royal decree.

f) Relation of occupational accidents and occupational diseases which have caused the worker to be unable to work in excess of one day's work.

Article 20. Staff obligations.

The personnel included in the scope of this royal decree have an obligation to ensure, through compliance with the preventive measures that are adopted in each case, for their own safety and health in the performance of their duties and those of other persons to whom they may affect their professional activity, in accordance with the training and instructions received.

It will be an obligation for staff:

(a) The appropriate use, in accordance with its nature and the foreseeable risks, of machines, appliances, tools, instruments, dangerous substances, equipment and, in general, any other means used for the performance of his professional work.

(b) The inexcusable and appropriate use of any individual or collective means and protective equipment is provided to you, in accordance with the instructions received, as well as the existing security devices or install where your activity takes place.

(c) Report, by any of the methods referred to in Article 8, on any situation which, for reasonable reasons, may pose a risk to safety and health.

(d) Contribute to the fulfilment of the obligations established by the competent controls to protect safety and health, and to provide their cooperation.

CHAPTER III

Advice and control prevention organs

Section 1 of the Prevention Service

Article 21. Prevention Service.

1. In order to comply with the purpose of the prevention of occupational risks in the Ministry of Defense, the Service of Prevention of Occupational Risks of Defense will be constituted, which will be understood as the set of human and material means necessary to carry out the preventive activities in order to ensure adequate protection of the safety and health of the personnel referred to in Article 2 (a).

2. The prevention service shall be established in accordance with the own prevention service model, with the possibility of partial assumption of certain activities by an alien prevention service.

3. The prevention service will have the functions of providing the advice and support that the organs of the Ministry of Defense need in this matter, in accordance with the regulations in force at every moment regarding:

a) The design, application, and coordination of preventive action plans and programs.

b) The assessment of risks in activities that constitute the functions of military personnel.

c) The proposal of priorities in the adoption of appropriate preventive measures and monitoring of their effectiveness.

d) Information and training of staff, in the field of occupational hazards.

e) The provision of first aid and emergency measures.

f) The monitoring of the health of personnel in relation to the risks arising from work.

g) The elaboration of the annual memory and the annual programming of its activities.

Article 22. Structure of prevention services.

1. The structure of the Defense Occupational Risk Prevention Service consists of:

a) The Labor Risk Prevention Service in the Earth Army.

b) The Service of Occupational Risk Prevention in the Navy.

c) The Occupational Risk Prevention Service in the Air Force.

d) The Occupational Risk Prevention Services of the UCO's outside the structure of the armies.

2. It shall be the responsibility of each of the armies to determine the development of the appropriate structure of their prevention services and of the unit that coordinates them.

3. It shall also be the responsibility of the Directorate-General for Personnel of the Ministry of Defence for the development of the appropriate structure of the prevention services of the central organ and of the units, centres or bodies outside the structure of the Armies.

4. In the field of the Deputy Secretary of Defense, there shall be a coordination unit for the prevention services of the Ministry of Defence with the characteristics set out in Article 24.

5. Prevention services shall be organised in accordance with the criteria of:

a) Number of personnel.

b) Activities that are developed, unique, or common.

c) Risks arising from activities.

d) Geographic location.

6. Each of the UCO's in the field of the Ministry of Defence shall necessarily be attached to one of the services listed in paragraph 1.

7. Each of the structures referred to in paragraph 1 shall cover the prevention of occupational hazards of the activities of the units assigned to them. To this end, different UCO's may be grouped.

8. In those facilities where different UCO's of the same or different armies and agencies under the Ministry of Defence or of the latter are co-exist, a single prevention service may be established for all of them, prior to agreement of the same.

Section 2. Control Procedures

Article 23. Procedure for the establishment of corrective measures and control activity.

If, as a consequence of the exercise of the functions mentioned in the following article, the Deputy Secretary of Defense considers that there are non-compliances or irregularities in the field of occupational risks, it will issue an injunction on the matters raised in that matter, where the irregularities detected, the measures to be remedied and the time limit which it considers necessary for its implementation, which shall be verified, shall be taken into account.

Article 24. Unit of coordination of prevention services.

1. A Coordination Unit of the Occupational Risk Prevention Services shall be established in the field of the Defence Secretariat, which shall have the following functions:

a) Determining criteria and guidelines.

b) Coordination.

c) Advice.

d) Tracking preventive activity.

e) Audits in the prevention of occupational risks.

2. The organs of the prevention services of the different armies and of the UCO's outside its structure will maintain functional dependency of the Unit of Coordination of the Services of Prevention of Occupational Risks.

Article 25. Audits.

The Undersecretary of Defense, in accordance with the provisions of Article 7.1.i of Royal Decree 1551/2004, of 25 June, for which the basic organic structure of the Ministry of Defense is developed, will be able to order the carrying out audits for the control of compliance with the rules on the prevention of occupational risks.

Additional disposition first. Prevention services in the Royal Guard.

The Royal Guard will develop the proper structure of its prevention service and the unit that coordinates them.

This prevention service shall maintain functional dependence on the Coordination Unit referred to in Article 24.

Additional provision second. Medical services of the Ministry of Defense.

The head of the UCO shall authorise the staff of the health services to provide the collaboration required by the preventive services where they are constituted, without prejudice to the other functions, other than those of the prevention services, which have been attributed to Military Health.

For these purposes, the necessary training and improvement actions will be carried out in the field of health surveillance.

Additional provision third. Staff seconded or commissioned abroad.

For the purposes of the application of this royal decree, the occupational risks of military personnel in the representations of Spain abroad will be prevented in the form laid out in Royal Decree 1488/1998, of July 10, 1998, adaptation of the legislation on the prevention of occupational risks to the General Administration of the State.

Additional provision fourth. Credit rating.

The expenses resulting from the execution of the measures provided for in this royal decree must be financed by the Ministry of Defense, within the resources assigned to it in the budget scenario approved by the Ministry of Defense. In accordance with Article 12 of Law 18/2001 of 12 December 2001, General Budget Stability.

Changes in the corresponding catalogues and relations of jobs, which will not be able to increase staff expenditure, will be approved by the Executive Committee of the Inter-Ministerial Committee of Remuneration (CECIR), on the proposal of the Ministry of Defense, or the Higher Commission of Military Remuneration, in accordance with their respective competencies.

Additional provision fifth. Establishment of the prevention bodies.

The prevention bodies that are regulated in this royal decree must be constituted within the maximum period of three months from their entry into force.

Single transient arrangement. Adaptation of manuals and instructions.

The manuals and instructions for the service, the books of organization and the internal system and the other measures that have been dictated on this subject will be adapted to the provisions contained in this royal decree, within the period not more than one year from its entry into force.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to the provisions of this royal decree.

Final disposition first. Competence title.

This royal decree is issued under the jurisdiction of article 149.1.4. of the Spanish Constitution.

Final disposition second. Regulatory enablement.

The Minister of Defense is empowered to dictate the implementing rules that require the implementation of this royal decree.

Final disposition third. Entry into force.

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

Given in Madrid, 28 December 2007.

JOHN CARLOS R.

The Minister of Defense,

JOSE ANTONIO ALONSO SUAREZ