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Royal Decree 2/2006 Of 16 January Whereby The Rules On Prevention Of Occupational Risks In The Activity Of The Officers Of The Cuerpo Nacional De Policía.

Original Language Title: Real Decreto 2/2006, de 16 de enero, por el que se establecen normas sobre prevención de riesgos laborales en la actividad de los funcionarios del Cuerpo Nacional de Policía.

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TEXT

The Spanish Constitution, in its article 40, includes, among the guiding principles of social and economic policy, the mandate for the public authorities to ensure safety and hygiene at work.

Council Directive 89 /391/EEC of 12 June 1989 on the implementation of measures to promote the improvement of the safety and health of workers at work, in Article 2 of Directive 89 /391/EEC, includes in its field of application to all sectors of public or private activities, with the exception, where they are conclusively opposed, of the particularities inherent in certain specific activities of the civil service, for example, of the Forces Armed or Police, or certain operational activities in civil protection services. However, it also states that 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.

This legislation, incorporated in our legal order by Law 31/1995, of 8 November, of Prevention of Occupational Risks, promulgated in order to promote the safety and health of workers, both in the field of the employment relations governed by the Workers ' Statute, as in the administrative or statutory nature of the civil staff at the service of the public administrations, expressly lays down their application to those activities whose particularities prevent it in the field of certain public functions, including which expressly cites police and security, but also states that such a law will inspire the specific rules to be laid down to regulate the protection of the safety and health of workers who provide their services in those indicated activities.

It is evident that much of the tasks that the National Police Corps officials develop in the exercise of their professional activity are fully incardinate in the exception of the Law referred to in the However, this does not mean that the appropriate measures should not be taken in order to protect and protect the officials of that police collective, but on the basis of both the special nature of the functions and carry out, as from the means to be used to carry them out, and the peculiarities of their regime A particular regulation is necessary, in which these aspects are taken into account.

Consequently, this royal decree establishes the normative framework that must govern the various aspects related to the safety and occupational health of the officials of the National Police Corps in the exercise of their duties. Thus, drawing on the precepts of Law 31/1995 of 8 November, the protection service is established in the field of the Directorate-General of the Police, the participation and representation of the officials in the functions of prevention and the surveillance authority, following the general model of the Public Administration, adapted to the peculiarities of the Police.

This royal decree has been reported by the Police Council.

In its virtue on the proposal of the Minister of the Interior, prior to the report of the Police Council, with the prior approval of the Minister of Public Administrations, according to the Council of State and after deliberation of the Council of Ministers at their meeting on 13 January 2006,

D I S P O N G O:

CHAPTER I

Object and Scope

Article 1. Object.

This royal decree aims to take the necessary measures to promote safety and health at the work of the officials of the National Police Corps, applying the principles and criteria contained in Law 31/1995, November 8, Prevention of Labor Risks, organizational peculiarities and special characteristics of the functions assigned to them.

Article 2. Scope.

This royal decree will apply to the activity of National Police Corps officials who provide services in both central and peripheral organs that are dependent on the Directorate General of Police.

To the functions performed by the personnel within the scope of this royal decree that do not have exclusive characteristics of the activities of police, security and operational services of civil protection, the general regulations on the prevention of occupational risks, with the peculiarities established for the General Administration of the State, and those contained in this royal decree on the right of information to the staff, organs of representation, participation channels and organs of prevention, security and surveillance of the health.

CHAPTER II

Risk prevention and health surveillance

Article 3. Right to protection against occupational risks.

1. Officials of the National Police Corps are entitled to effective protection in the area of safety and health at work. This right includes the right to information, to training in preventive matters, to making proposals and to participate in the prevention of all the specific risks affecting their job or function and the adoption of the measures taken by the Commission. protection and prevention of such risks. Periodic health surveillance shall also be the right of these officials, and this shall be inherent in the activity carried out, without prejudice to the specific risks to be borne by the police officers in situations of risk. serious, disaster and social emergency situations. All in accordance with the terms that are stated in this royal decree.

2. The State Administration shall take the necessary measures to ensure the safety and health of the officials of the National Police Corps in all aspects related to the development of professional activities, within the peculiarities of the police function.

Article 4. Principles of preventive action.

Measures to be developed in order to promote health and safety conditions in the field of policing will be inspired by the following general principles:

a) Avoid risks.

b) Assess the risks of impossible or very difficult avoidance.

c) Combat the risks at source.

d) Adapt the work to the official, in particular as regards the conception of the jobs, as well as the choice of the teams, in order to reduce the possible negative effects of the work on health.

e) Take into account the evolution of the technique.

f) Prioritize collective protection over the individual.

g) To stimulate the interest of civil servants for safety and health at work through appropriate training and information mechanisms.

h) Choose the most appropriate means and work equipment, taking into account the evolution of the technique, replacing, whenever possible by the nature and circumstances of the services to be performed, those that involve more risks by others who assume little or no.

(i) To incorporate general working methods and procedures, as well as, wherever possible, to specific services devices, the most appropriate forecasts, in order to safeguard the safety and health of the officials.

j) Give due instructions to the officials of the National Police Corps.

Article 5. Integration of occupational risk prevention, risk assessment and preventive activity planning.

1. The prevention of occupational risks must be integrated into the general system of management of the activity of the officials of the National Police Corps through the implementation and implementation of a plan of prevention of occupational risks that will have to include all the elements required to perform the risk prevention action.

The essential tools for the management and implementation of the risk prevention plan are the assessment of occupational risks and the planning of the preventive activity referred to in the following paragraphs.

2. The initial risk assessment shall be carried out taking into account, as a general rule, the nature of the activity, the characteristics of the existing jobs and the officials to perform them.

The same assessment should be made on the occasion of the choice of the work equipment, the chemical substances or preparations and the conditioning of the workplaces.

Every four years and, in any case, when situations of health damage occur, in the case of the introduction of work equipment that may generate new risks not previously contemplated and when a the adequacy of the required protection purposes, the review and update of the initial or successive assessment of occupational risks shall be carried out.

3. If the results of the assessment show risk situations, the necessary preventive activities shall be carried out to eliminate or reduce and control such risks. These preventive activities will be the subject of planning by the Directorate-General of the Police, which will ensure the effective implementation of the preventive activities included in the planning, thereby continuing to monitor same.

Article 6. Work teams.

1. The Administration shall take the necessary measures to ensure that the work equipment is suitable for the tasks envisaged and, in turn, to ensure the safety and health of the officials and personnel using them. They shall comply with the provisions of their specific rules and take into account the technical and scientific recommendations in their case for the management of those means.

In addition to the brochures and use manuals accompanying the different teams, where their use involves technical complexity or a certain qualification, appropriate training shall be provided to the persons in charge of their use. handling.

Measures shall be taken to ensure that the handling and use of hazardous material is reserved exclusively for authorised persons, with appropriate control over and in respect of the incidences produced in their use.

2. The Administration shall provide the National Police Corps officers with appropriate personal protective equipment for the performance of their duties and shall ensure their effective and correct use thereof.

Article 7. Information, consultation and participation of officials.

1. For the Directorate-General of the Police, appropriate measures shall be taken to ensure that the officials of the National Police Corps receive the necessary information regarding:

a) The risks to safety and health at work, taking into account the nature of the activity to be developed.

(b) The protection and prevention measures and activities taken in relation to the risks referred to in the preceding paragraph.

(c) The measures taken in cases of emergency referred to in Article 9.

The information referred to in this paragraph shall be provided to officials either directly or through the representatives referred to in Chapter III.

2. The Directorate-General of the Police shall submit to the report of the representative body referred to in Article 15, those plans and programmes of a general nature which it intends to develop, as well as the normative provisions which it intends to lay down in issues affecting the safety and health at the work of officials.

3. The officials of the National Police Corps may make proposals that they consider appropriate, aimed at improving the levels of protection of safety and health, both individually and directly through their superiors. hierarchical, as through the channels of representation set out in Chapter III.

Article 8. Training of officials.

The Police General Directorate will have to ensure that, during the training processes for entry into the National Police Corps, in the training courses for the promotion to the different categories and in the courses of Each official receives a sufficient and adequate theoretical and practical training in the field of occupational risk prevention. Such training will also be provided when new technologies or changes in work equipment are introduced.

The time spent by officials in training courses or programs will be considered effective working time.

Article 9. Emergency measures.

The Police Directorate General, based on the magnitude and type of police activity in its buildings and facilities, will analyze the possible emergency situations, taking the necessary measures to Action for such cases in the case of evacuation, fire fighting and first aid. In view of the extent of possible emergency situations, it shall designate the appropriate personnel to implement those measures and shall carry out periodic checks to verify its proper functioning. The designated personnel must have the necessary training and have adequate material for these tasks.

Article 10. Health surveillance.

1. The Directorate-General of the Police shall ensure the periodic monitoring of the health status of the officials of the National Police Corps, in order to prevent the risks inherent in the police function.

These actions will be concretized, in a fundamental way, in the realization of medical examinations and in the development of immunizations and health protection campaigns that at every moment advise the analysis of the risks. general population and the general population of police officers.

2. Medical examinations, as well as other preventive health measures and the administration of vaccines, shall be voluntary, unless a rule provides for another provision for certain cases, or where they are necessary for the purposes of Detection of pathologies which may cause serious risk to the officials themselves or to the public, in which case they shall be compulsory and the representatives of the officials shall be informed.

In any case, it is necessary to choose to carry out those examinations or tests that cause the least discomfort to the official and that are proportional to the risk.

Attention to specific risk groups, either for the activity they develop, for the environmental conditions in which they take place or for the usual use of specific products or equipment that involve certain indices of danger, as well as action on individuals by age groups, will be criteria to take into account, among others that are considered appropriate, in the programming of the acknowledgements and the immunological campaigns to be developed.

3. Health surveillance and control measures shall be carried out in compliance with the right to privacy and the dignity of the official and the confidentiality of all information related to his or her health.

4. The results of the surveillance referred to in the preceding paragraph shall be communicated to the officials concerned.

5. Data relating to the health surveillance of officials shall not be used for discriminatory purposes or for their injury.

Access to medical information of a personal nature will be limited to medical staff and health authorities who carry out the health surveillance of officials, without being able to provide other persons without express consent of the person concerned.

However, the officials of the Directorate-General of the Police, through the Occupational Risk Prevention Service, will be informed of the findings of the surveys carried out in relationship to the suitability of the officials for the performance of the job or the need to introduce or improve the protection and prevention measures so that they can properly carry out their preventive functions.

6. The health surveillance and control measures of officials shall be carried out by health personnel with technical competence, training and accredited capacity.

Article 11. Measures for the protection of maternity.

1. The officials of the National Police Corps, during the periods of gestation, maternity and nursing, will have adequate protection in their working conditions, in order to avoid situations of risk, both for their own safety and health and for those of the foetus or infant, the necessary measures must be taken for this purpose.

In order to enable such measures to be adopted, interested parties must communicate their status of pregnancy or lactation through the unit in which they provide their services.

2. Where the medical reports so advise, they shall be adapted to their working conditions by exempting them from night work or shifts or by attaching them to another service or place of work if necessary, maintaining the the right to all the remuneration of their place of origin, as long as the circumstances which had motivated such a situation persist.

3. During the periods of pregnancy and lactation, the officials shall not handle machines, appliances, utensils, working instruments, substances or other elements which, in accordance with the relevant medical reports, may result harmful to the normal development of pregnancy or breast-feeding.

4. In order to prevent possible damage to the health of pregnant women or the unborn child, female officials who are in a state of pregnancy may use appropriate clothing to their situation.

5. Appropriate measures shall also be taken to ensure that officials in such situations do not have their rights reduced or fenced in order for internal promotion.

Article 12. Obligations of civil servants in the field of occupational risks.

1. It is up to each police officer, according to his or her possibilities and through the enforcement of the preventive measures that are adopted in each case, to ensure their own safety and health at work and those of other persons to whom may affect his or her professional activity, because of his or her acts and omissions in the work, in accordance with his training, the instructions of the Directorate-General of the Police and the regulatory regulations in the field.

2. Officials shall in particular:

1. Use appropriately, according to its nature and the foreseeable risks, machines, appliances, tools, hazardous substances, transport equipment and, in general, any other means with which they develop their activity.

2. Successfully use the means and protective equipment provided by the Directorate-General of Police.

3. Do not put out of operation and use the existing security devices correctly or install them in the media related to their activity or in the places of work in which it takes place.

4. Inform immediately to your superior direct hierarchical or preventive service, about any situation that, in your judgment, entrails, for reasonable reasons, a risk to the safety and health of the officials.

5. Contribute to the fulfilment of the obligations established by the competent authority in order to protect safety and health.

6. Cooperate with the Directorate-General of the Police so that working conditions can be guaranteed that are safe and do not pose risks to the safety and health of officials.

CHAPTER III

Participation and representation of officials

Article 13. Participation and representation of officials.

Without prejudice to the functions of the Police Council, which are set out in Article 25.2 of the Organic Law 2/1986, of 13 March, of the Security Forces and Corps, the participation and representation of the officers of the Corps National of Police in matters related to the prevention of risks in the work, as well as with the safety and occupational health deriving from the exercise of the functions that are attributed to it by the current regulations, will be channeled in the form and by the representatives and bodies set out in this chapter.

Article 14. From the Prevention Delegates.

1. The Prevention Delegates are the representatives of the National Police Corps officials in the specific matters of prevention of occupational risks of the police function.

2. These delegates, who must have the status of officials of the National Police Corps, in active or second activity, will be appointed by the trade union organizations with representation in the Police Council. next:

(a) Each trade union organization with representation will appoint a delegate in the Higher Police Headquarters, in the set of central services, in the City of Ceuta and in the City of Melilla.

b) Also, according to the census of voters of each scale for representatives in the Council of the Police in the aforementioned bodies and units, a number of delegates will be appointed equal to the one that results from the application of the next table:

Up to 500 electors: 0 Delegates.

From 501 to 1,000 electors: 1 Delegate.

From 1,001 to 2,000 electors: 2 Delegates.

From 2,001 to 3,000 electors: 3 Delegates.

From 3,001 to 4,000 electors: 4 Delegates.

From 4,001 to 5,000 electors: 5 Delegates.

From 5,001 to 6,000 electors: 6 Delegates.

From 6,001 to 7,000 electors: 7 Delegates.

More than 7,000 voters: 8 Delegates.

The distribution of the delegates resulting from the implementation of this table, among the various union organizations of the National Police Corps, will be carried out according to the same system of proportionality as the established for the allocation of representatives in the elections to the Police Council.

3. The functions of the prevention delegates shall be within the territorial scope in which they have been designated:

a) Collaborate with the organs of the Directorate General in improving preventive action.

b) Promote and encourage the cooperation of officials in the enforcement of regulations on the prevention of occupational risks to be established for police functions.

c) Having access to the information and documentation relating to the working conditions that are necessary for the exercise of their duties.

d) Be informed about the damages produced in the health of the officials.

e) Receive information from prevention and protection activities developed by the Prevention Service.

f) To carry out visits to the police offices, after communication to the Chief of Staff, for the exercise of the surveillance and control tasks of the state of the working conditions, being able to meet with the officials during the working day so that the normal development of the police service is not altered.

g) To request the decision-makers of central or peripheral police bodies to adopt preventive measures to improve the levels of protection of the health and safety of officials. Those responsible for the law enforcement bodies shall either express an express response to that request or report on the procedure given to them.

h) To exercise the oversight and control work on compliance with the regulations on the prevention of occupational risks, which may accompany the prevention technicians in the risk assessments they carry out, as well as in the visits and verifications to the work centres, and to make the observations they deem appropriate.

4. The time used by the prevention delegates for the performance of the tasks referred to in the preceding paragraph shall be considered as the exercise of representation functions, for the purposes of the use of the monthly credit paid as referred to in Article 22 (2) (b) of the Organic Law 2/1986 of 13 March of the Security Forces and Corps.

However, it shall be considered, in any event, as effective working time, without imputation to the credit of hours referred to in the preceding paragraph, corresponding to the meetings of the Safety and Health Committees and to any other call by the Administration on the prevention of occupational risks.

5. The Directorate-General of the Police shall provide the prevention delegates with the training and means necessary for the exercise of their duties.

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

6. Prevention delegates shall be required to keep professional secrecy in respect of all information they know for reason or performance of their duties.

Article 15. From the Police Safety and Health Commission.

1. The Committee on Safety and Health at Work is constituted as a national joint and collegiate body for the participation of officials of the National Police Corps, aimed at regular and regular consultation of the actions of the police. Administration, in the field of risk prevention, safety and occupational health. It shall be composed of a number of members of the trade union organisations of that body, as well as the members of the Police Council and an equivalent number of representatives of the Administration. For these purposes, each trade union organisation shall appoint the same number of representatives as the Board of Directors and the Directorate-General of the Police. The Presidency of the Commission shall hold the Presidency of the latter holding the post of top-level job and shall act as Secretary to the representative of the Administration appointed by the President.

It will be Commission functions:

a) Know, report the actions and participate in the elaboration and approval of the plans and programs that the Administration intends to develop in order to the safety and occupational health of the officials of the National Police, as well as the prevention of risks in police activity.

b) Promote initiatives on methods and procedures for the effective prevention of risks by proposing to improve the conditions or correction of existing ones.

c) Discuss and report proposals and consultations in the Safety and Health Committees, in order to homogenise measures and plans for the prevention of police activity in the various territorial areas.

(d) To know and analyze the damage caused to the health or physical and mental integrity of the officials, the reports of the prevention service related to the working conditions related to safety and occupational health, in order to assess the causes and propose appropriate measures.

e) Know and report the annual memory and programming of the prevention service.

Article 16. From the Safety and Health Committees.

1. The Health and Safety Committees are the joint and joint bodies for participation at the territorial level, for regular and regular consultation of the actions of the Directorate-General of the Police in the field of risk prevention. work, in their respective fields.

2. In each of the Police Superior Headquarters, in all the central services of the Directorate General of Police and in each of the cities of Ceuta and Melilla, a Committee on Safety and Health will be set up, which will be composed of delegates from prevention, designated in accordance with Article 14.2, and by representatives of the Administration in number equal to that of the prevention delegates.

The representatives of the Administration in each committee shall be appointed by the Director General of the Police.

3. At the meetings of the Health and Safety Committees, the representative of the administration holding the highest level of work, and as Secretary, the representative of the Administration, acting as President, shall act as President. President.

Article 17. Operation of the Police Safety and Health Commission and the Safety and Health Committees.

1. The Police Safety and Health Commission and the Safety and Health Committees shall meet at least once every six months the first and every quarter of the second and, in addition, all other necessary for the performance of the tasks. functions that are respectively referred to in the above articles.

2. The meetings of these bodies may be attended, with a voice but without a vote, in addition to their respective members, all persons who, as advisers or experts in the field concerned, consider that the representatives of the Administration or officials.

3. The Commission and the committees shall adopt their own rules of operation.

CHAPTER IV

Prevention Service

Article 18. Prevention Service.

1. In order to comply with the objectives of risk prevention, which is the subject of this royal decree, in the Subdirectorate General of Management and Human Resources of the Directorate General of the Police will be constituted a Service of prevention of its own, of scope national, with the functions of providing the organs of such a management centre with the advice and support that they need in relation to:

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

b) The assessment of risks in activities that constitute police functions.

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

d) Information and training of officials and their representatives.

e) The delivery of first aid and emergency plans.

f) Surveillance of the health of officials in relation to risks arising from work.

g) The processing of the annual memory.

2. For the development of the tasks carried out in the above mentioned functions, the Prevention Service will have qualified staff for the development of occupational risk prevention tasks and must integrate at least two of the four functions corresponding to the higher level of qualification, in accordance with the provisions of Articles 35, 36 and 37 of the Prevention Services Regulation adopted by Royal Decree 39/1997 of 17 January 1997 and in the terms provided for in this Regulation. Article 7 of Royal Decree 1488/1998 of 10 July 1998 adapting the legislation of prevention of occupational risks to the General Administration of the State.

3. Likewise, the different units and services of the General Directorate of the Police, and especially those related to the areas of health, architecture, automotive, computer science and security of police agencies, will lend their support, cooperation and cooperation, in order to carry out the tasks entrusted to the service for the prevention of occupational risks.

CHAPTER V

Control instruments

Article 19. Assessment of the prevention system.

The risk prevention system regulated in this royal decree will be subject to periodic control, through audits and evaluations, to be carried out every five years by the Inspectorate of Personnel and Security Services. Secretary of State for Security, which may require the advice and collaboration of the National Institute of Safety and Hygiene at Work.

If such audits and evaluations are carried out, the existence of situations of serious and imminent health and safety risks, which should not be assumed by virtue of the nature of the functions that are carry out the necessary measures for their correction, and shall communicate urgently to the competent body. From the other deficiencies observed, the report shall be submitted to the competent general sub-directorate, through the prevention service, with the recommendations it considers appropriate for its solution.

Also, in order to fulfill the functions assigned to the Inspection of Personnel and Security Services, the prevention service will send you a copy of the annual report you make.

Reports of audits and evaluations will be available to officials ' representatives.

Additional disposition first. Corrective measures.

The procedure for the imposition of corrective measures of non-compliance with regard to the prevention of occupational risks, in the field covered by this royal decree, will be the one contemplated in the regulation on the special administrative procedure for the work of the Labour and Social Security Inspectorate and for the imposition of corrective measures of non-compliance with regard to the prevention of occupational risks in the field of the General Administration of the State, approved by Royal Decree 707/2002 of 19 July 2002, to which effect, in the field of exclusive police, security and operational civil protection activities referred to in Article 2, the references made in the said royal decree to the Labour and Social Security Inspectorate or to its organs or units territorial, shall be construed as references to the Security Secretariat for Personnel and Security Services.

Additional provision second. Budget and catalogue adjustments for jobs.

El Comercio] The expenses that will result from the execution of the measures provided for in this royal decree must be financed by the Directorate General of the Police, within the resources allocated to them in the budget scenario that will be approve, in accordance with the provisions of Article 12 of Law 18/2001, of 12 December, General Budget Stability.

The modifications of the corresponding catalogue of jobs, which will not be able to generate an increase in personnel costs, will be approved jointly by the Ministries of Economy and Finance and Public Administrations, through the Executive Committee of the Inter-Ministerial Committee on Remuneration, on a proposal from the Ministry of the Interior.

Additional provision third. Inclusion of risk prevention materials in the training, promotion and specialisation plans of the police teaching centres.

The Police General Directorate will take the necessary measures, so that in the plans of studies of various training courses for internal income and promotion in the National Police Corps, to be developed in the centers From the entry into force of this royal decree, the subjects related to the prevention of occupational risks in the police field are included.

In addition, it will carry out the appropriate actions in order to promote the basic training in the field of occupational risks for all those officials, who do not participate in the processes referred to in the previous paragraph or in courses of specialization, in which such matter is not contemplated as part of the program.

Additional provision fourth. Establishment of the prevention bodies.

The prevention organs that are collected in this royal decree must be constituted within one year, starting from its entry into force.

Final disposition first. Regulatory enablement.

The Minister of the Interior is authorized to dictate the implementing rules that require the application of this royal decree.

Final disposition second. Entry into force.

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

Given in Madrid, 16 January 2006.

JOHN CARLOS R.

The Minister of the Interior,

JOSE ANTONIO ALONSO SUAREZ