The prevention of professional risks is included in the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June, from a double perspective:

On the one hand, Article 68.2.b.) of that legal text entrusts to the mutual of occupational accidents and occupational diseases of the Social Security " the performance of prevention, recovery and other activities planned in this Law ", as part of the content that includes the collaboration of those entities in the management of Social Security.

This legal provision has been reflected in the Regulation on the collaboration of mutual occupational accidents and occupational diseases, approved by Royal Decree 1993/1995 of 7 December 1995, which was adopted on 7 December. Article 13 (1) provides that mutual societies may develop activities for the prevention of accidents at work and occupational diseases in favour of the associated enterprises and their dependent workers, and of the employed persons own persons who have covered the contingencies mentioned, in the terms and conditions established in the recast text of the General Law on Social Security, in the regulation itself and in its implementing and development provisions. It also states that such activities, which do not imply the attribution of subjective rights in favour of the aforementioned groups, are excluded from those which employers must develop through some of the arrangements for the organisation of the preventive activity by imperative of Law 31/1995 of 8 November, Prevention of Occupational Risks.

Moreover, along with the preventive activities to be carried out by the mutual accidents of work and occupational diseases of the Social Security in the field of the collaboration in the management and also, as part In addition to the protection of social security, the prevention of occupational risks is also referred to in Article 73 of the recast text of the General Law on Social Security, in which 80% of the excess the annual surpluses obtained by mutual funds in their management, once the reserves have been covered (a) to be attached to the general purpose of prevention and rehabilitation; a prescription which has also been reflected in the said Regulation on the cooperation of mutual occupational accidents and occupational diseases; Social security, article 66.1 of which reproduces the legal obligation to allocate 80% of the excess surplus in management to the indicated ends, which must be paid by mutual interest in the Banco de España and in particular at the disposal of the Ministry of Labour and Social Affairs, which will have the concrete destiny to be given to these funds within the meaning of the general purpose and in accordance with the other legal rules applicable to them.

With regard to the activities to be carried out by mutual occupational accidents and occupational diseases in the field of collaboration in management, these activities are In the order of 22 April 1997, in order to regulate the system of the mutual functioning of accidents at work and diseases, regulated, jointly with those developed by the said entities as a service of foreign prevention, in the Order of 22 April 1997 Social Security professionals in the development of occupational risk prevention activities, which has the result of the Royal Decree 688/2005 of 10 June, which regulates the system of the operation of mutual occupational accidents and occupational diseases in the field of social security as a service of foreign prevention, coincident with the year of completion of the last of the plans of preventive activities through which the mutual ones have been developing the activity understood in the field of the Social Security.

As for the prevention referred to in Article 73 of the recast text of the General Law of Social Security, to be carried out by 80 percent of the excess surplus of the management of the mutual funds, the only legal forecast In this respect, it appears in Law 31/1995 of 8 November, which established in its fifth additional provision the endowment, under the excess of surplus, of a patrimony destined to finance the activities to be carried out by the foundation that the additional provision was provided for, consisting in the promotion of the improvement of the conditions of safety and health at work, especially in small enterprises, through information, technical assistance, training and the promotion of compliance with the rules on the prevention of occupational risks.

Exhausted the total amount provided for in Law 31/1995 of 8 November for the endowment of the indicated foundation, and in order to guarantee the regularity in the fulfilment of its purposes, by the additional provision The fourth paragraph of Law 30/2005, of 29 December, of the General Budget of the State for the year 2006, amended the fifth additional provision of Law 31/1995 of 8 November, which adds a new paragraph in which, with the The aim is to provide the foundation with the responsibility of the foundation. Prevention and Rehabilitation Fund, with the periodicity and the amount to be determined regulatively.

As a result, it is necessary, on the one hand, to regulate the preventive activities to be carried out by mutual societies in the field of collaboration in the management of social security and, on the other, to comply with the (i) forecast on the financing of the Foundation for the Prevention of Occupational Risks contained in the State Budget Law for the year 2006, regulating, at the same time, the remainder of the activities to be carried out by the Fund Prevention and Rehabilitation in accordance with Article 73 of the recast text of the General Law on Social Security and Article 66.1 of the Regulation on the collaboration of mutual occupational accidents and occupational diseases in the field of social security.

The regulation of both matters, both the preventive activities to be carried out by the mutuals and those that can be carried out under the Prevention and Rehabilitation Fund, in accordance with the forecasts contained in the Articles 13 and 66.1 of the Rules of Procedure on the cooperation of mutual occupational accidents and occupational diseases, which are, in turn, developing as laid down in Articles 68.2.b) and 73 of the recast text of the General Law on Social Security, corresponds to the holder of the Ministry of Labour and Social security by virtue of the qualification conferred by the first provision of the said regulation.

In order to maintain due coordination, both the regulatory regulation of the preventive activities to be developed in the field of Social Security and the actions derived from it, which are part of the The powers of the Administration of Social Security shall be the responsibility of the management of the contingencies of occupational accidents and occupational diseases, and must be within the preventive policies of the State or the Supra- are derived from the Spanish Strategy on Safety and Health at Work, which coordination it is up to the General Secretariat for Employment and its administrative bodies with competence in this field. This is without prejudice to the powers of the autonomous communities in the field of occupational risk prevention in their respective territorial areas.

The elaboration of this order has been carried out with the agreement of the General Secretariat of Employment, and in its processing have been consulted the trade union organizations and business associations most representative.

In its virtue, on the proposal of the Secretary of State for Social Security, and 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 text of the General Law on Social Security and by the final provision of the Regulation on the cooperation of mutual occupational accidents and occupational diseases in the field of social security, Available:

CHAPTER I

General Provisions

Article 1. Preventive activities to be developed in the field of Social Security.

1. The preventive activities to be carried out in the field of social security are as follows:

(a) Those which are carried out by the mutual occupational accidents and occupational diseases of the Social Security, in accordance with the provisions of Article 68.2.b) of the recast of the General Law of Social Security, adopted by Royal Decree 1/1994 of 20 June and in Article 13.1 of the Regulation on the cooperation of mutual occupational accidents and occupational diseases in the field of social security, approved by Royal Decree 1993/1995, December 7.

b) Those which are carried out under 80% of the excess of the surplus in the management of the mutual management of occupational accidents and occupational diseases of social security in accordance with the provisions of Article 73 the recast text of the General Law on Social Security and Article 66.1 of the Regulation on the collaboration of mutual occupational accidents and occupational diseases in the field of social security.

2. The development of the above-mentioned preventive activities shall be carried out in the terms set out in the following Articles.

3. The General Intervention of Social Security shall be responsible for the powers laid down in its implementing rules.

CHAPTER II

Preventive activities to be carried out by mutual accidents at work and occupational diseases of Social Security

Article 2. Activities to be developed by the mutual and recipient of the same.

1. In accordance with the provisions of Article 13.1 of the Regulation on the cooperation of mutual occupational accidents and occupational diseases of social security, these entities, in their capacity as partners in the management of the Social security, may develop activities for the prevention of accidents at work and occupational diseases in favour of the associated enterprises and their dependent workers, and of the self-employed persons who are have the aforementioned contingencies covered, in the terms and conditions set out in the first of Article 68.2.b) of the recast text of the General Law of Social Security, in this order, in this order and in the implementing and development provisions.

2. These activities, which do not imply the attribution of subjective rights in favour of such groups, will complement without replacing the direct obligations which employers assume in compliance with the provisions of Law 31/1995 of 8 November 1995. (i) the prevention of occupational risks, through any of the arrangements for the organisation of preventive activity. The actions will preferably be directed to assist small businesses and businesses and sectors with higher indicators of disaster to the best incardination in the plans and preventive programs of the different administrations. competent, to the development of R & D + i, to the dissemination, education and awareness-raising in the prevention of occupational accidents and diseases.

Article 3. Financing, planning and development of mutual preventive activities.

1. In the implementation of its annual budget, the mutual occupational accidents and occupational diseases of the social security system may, within the available budgetary resources, be allocated up to a maximum of one per cent of the its revenue from the contributions relating to professional contingencies, to the performance of the activities referred to in the previous Article.

2. The Secretary of State for Social Security, the most representative trade union and employers ' organizations, the annual planning of these activities, the establishment of the criteria to be followed and the allocation of the priorities in its implementation, in accordance with the proposals and objectives set by the General Secretariat for Employment or arising from the Spanish Strategy on Safety and Health at Work at any time. The National Institute for Safety and Hygiene at Work will provide the technical assistance and collaboration required in the preparation of such annual planning, in its monitoring and in the technical assessment of its results.

3. On the basis of the guidelines laid down, mutual associations shall submit to the Directorate-General for Social Security, together with the preliminary draft budget for each financial year, the plan of preventive activities they intend to carry out. develop in this exercise, duly prioritized, specifying the sectors and number of companies targeted, as well as the number of workers affected.

4. In the first quarter of the year following the year in which the plan of preventive activities has been developed, mutual associations shall provide the Directorate-General for Social Security with detailed information on the implementation of the plan.

CHAPTER III

Preventive activities under the Prevention and Rehabilitation Fund

Section 1. State-wide preventive activities or supra-regional activities to be carried out by the National Institute of Safety and Hygiene at Work

Article 4. Preventive activities at the state or supra-regional level.

In the field of the competences of the Administration of Social Security arising from the management of the contingencies of accidents at work and occupational diseases, the Secretariat of State of Social Security may to entrust the National Institute of Safety and Hygiene at Work, as a scientific and technical agency specialized in the General Administration of the State and the Center of National Reference in the field of safety and health at work, to through the legal instruments which in each case proceed, the development of programmes and preventive activities at State or supra-regional level to be carried out by the Institute itself or with the collaboration of the most representative trade unions and employers ' organisations and, where appropriate, with its technical institutions specialised in preventive measures to assist in the most appropriate planning, monitoring and prevention of accidents at work and occupational diseases.

Article 5. Work on the analysis and investigation of accidents at work and occupational diseases.

addition, the Secretariat of State for Social Security will be able to entrust the National Institute of Safety and Hygiene at Work with the legal instruments that will be carried out in each case. carrying out work on the analysis and investigation of accidents at work and occupational diseases, as well as the development of activities and work on such matters and those other than those which may be of interest to or affect the system of Social Security.

Article 6. Financing of the preventive activities entrusted to the National Institute of Safety and Hygiene at Work.

The preventive activities that the Secretariat of State of Social Security entrusts to the National Institute of Safety and Hygiene at Work, in accordance with the provisions of Articles 3.2, 4 and 5 of this order, shall finance the prevention and rehabilitation fund, on the basis of its availabilities and in the terms established, in each case, in the decision giving effect to the said Secretariat of State, taking into account the priorities, criteria and programmes proposed at any time by the General Secretariat for Employment or which may derived from the Spanish Strategy on Safety and Health at Work.

Section 2. Other preventive activities at the state or supra-regional level to be carried out by the Prevention and Rehabilitation Fund

Article 7. Other activities of a state or supra-regional level to be carried out by the Prevention and Rehabilitation Fund.

The Secretariat of State for Social Security, within the framework of its powers and with the responsibility of the Prevention and Rehabilitation Fund, may also carry out research and research related to the contingencies. professional, or to carry them out with other public administrations and institutions, through the legal instruments that in each case proceed, according to the formulas that are enabled to the effect.

CHAPTER IV

Funding from the Foundation for the Prevention of Labor Risks

Article 8. Funding from the Foundation for the Prevention of Occupational Risks.

1. In accordance with the provisions of paragraph 2 of the fifth additional provision of Law 31/1995 of 8 November, in the wording of Law 30/2005 of 29 December 2006, of the General Budget of the State for the year 2006, and for the purpose of Guarantee the regularity in the fulfillment of the purposes of the Foundation for the Prevention of the Labor Riegos, will be made capital contributions to it is charged to the 80 percent of the excess of the surplus of the management of the mutual accidents Social security work and occupational diseases in the Banco de España at the disposal of the Bank of Spain of this Ministry.

2. The amount of such contributions shall be fixed annually by the Secretary of State for Social Security, taking into account the excess surplus generated by the mutual funds in the last financial year, and without that contribution exceeding the limit of EUR 25 million.

Article 9. Authorization of contributions.

The authorization for the delivery of the contributions will be the responsibility of the Directorate General for the Management of Social Security. To this end, before the 15th of December each year, the Foundation for the Prevention of Occupational Risks will formulate the request for the delivery of the contribution to the aforementioned Directorate General, accompanied by the detailed plan of activities to develop with that contribution in the following financial year.

Article 10. Justification for the application of the contributions.

Before 30 June of the year following the year in which the contribution corresponds, the foundation shall justify to the Directorate-General for Social Security Management the application of the contribution corresponding to the financial year (a) to which it shall accompany a memory of the activities carried out in that year, together with the result of the assessment or quality checks to be established.

Single transient arrangement. Contribution to the Foundation for the Prevention of Occupational Risks for the year 2006.

The amount of the contribution to be made to the Foundation for the Prevention of Occupational Risks for the year 2006, from the Fund for Prevention and Rehabilitation, is fixed in the sum of twenty-five million euros.

Single repeal provision. Repealed rules.

As many provisions of equal or lower rank are repealed, they are contrary to the provisions of this order and, expressly, the Order of 22 April 1997, which regulates the system of operation of mutual accidents work and occupational diseases of Social Security in the development of occupational risk prevention activities.

Final disposition first. Application and development powers.

The Secretary of State for Social Security is empowered to dictate how many provisions are accurate for the application and development of this order.

Final disposition second. Entry into force.

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

Madrid, November 28, 2006. -Minister of Labor and Social Affairs, Jesús Caldera Sanchez-Capitan.