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Royal Decree 1084 / 2014, Of 19 December, Is Amending The Royal Decree 67/2010, 29 January, Adaptation Of The Law Of Prevention Of Occupational Hazards To The General Administration Of The State.

Original Language Title: Real Decreto 1084/2014, de 19 de diciembre, por el que se modifica el Real Decreto 67/2010, de 29 de enero, de adaptación de la legislación de Prevención de Riesgos Laborales a la Administración General del Estado.

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TEXT

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 initially responded to Royal Decree 1488/1998, of July 10, of adaptation of the legislation of prevention of occupational risks to the General Administration of the State.

Later, dated February 10, 2010, the Royal Decree 67/2010, dated January 29, was published in the Official Gazette of the State. State, which repealed the aforementioned Royal Decree 1488/1998 of 10 July, introducing an important update of the same, motivated mainly by the normative changes produced, both in the field of prevention of occupational risks and in the field In particular, the Committee on Legal Affairs and the Committee of the promulgation of Law 7/2007, of 12 April, of the Basic Staff Regulations. And also motivated, without a doubt, by the experience accumulated since the promulgation of the first royal decree, at a time when the history of the Prevention in the General Administration of the State was initiated.

After a little more than four years since the approval of Royal Decree 67/2010 of 29 January, a change of the same fundamentally motivated, in this case, is proposed for the content of the Agreement of the General Table of Negotiation of the General Administration of the State, adopted on 29 October 2012, on the allocation of resources and the rationalization of the structures for negotiation and participation, with regard to the election and the allocation of schedules to the Delegates of Prevention, on the one hand, and to the constitution of the Committees of Security and Health, by another, which must be adapted, with the exceptions indicated, to the new definition of "working centre", which is matched with the new electoral units. This Agreement of the General Administration of Negotiation of the General Administration of the State, in turn, brings about the forecasts of the Royal Decree-Law 20/2012, of July 23, of measures to guarantee the budgetary stability and the promotion of the competitiveness, Article 10 of which expressly referred to the general negotiations on the possibility of reaching agreements in this field, in particular with regard to the exercise of the functions of representation and negotiation.

This amendment, which basically concerns Articles 4, 5 and 6, is supplemented by other amendments aimed at making improvements to the text of Royal Decree 67/2010 of 29 January 2010, in particular, refers to Article 10, which introduces amendments concerning the approach and requirements of prevention audits, in order to improve the applicability and effectiveness of this preventive control instrument. To this end, the use of internal audits, as an essential tool in the process of preventive management, is strengthened, the use of a common reference methodology is promoted and support and advice given The National Institute of Safety and Hygiene at Work, which is in charge of the National Institute of Safety and Hygiene at Work, to make the continuous improvement of the Law on the Prevention of Occupational Risks effective.

In another order of things, improvements are also introduced in a number of paragraphs, including the measures that are proposed to optimize the available resources in the field of health surveillance; the general coordination of the prevention of occupational risks in the General Administration of the State by the Directorate General of the Civil Service; the improvement of the integration of preventive activity, through the requirement of a specific monitoring of compliance with the Prevention Plans by the highest authority of the Departments and Agencies; the commitment to implement a comprehensive training plan, in the field of prevention, that includes all the contents of a transversal nature in this field, in order to improve the quality and impact of the action (a) training; or, finally, an improvement in the participation of workers, through a clarification of the mechanisms of consultation, participation and negotiation in this field.

In the elaboration of this royal decree, the most representative trade union organizations have been consulted and the National Commission on Safety and Health at Work has been heard.

By virtue of all this, on the proposal of the Minister of Finance and Public Administrations and the Minister of Employment and Social Security, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on December 19, 2014,

DISPONGO:

Single item. Amendment of Royal Decree 67/2010 of 29 January adapting the legislation on the Prevention of Occupational Risks to the General Administration of the State.

Royal Decree 67/2010 of 29 January, adapting the legislation on the Prevention of Occupational Risks to the General Administration of the State, is amended as follows:

One. Article 4 (3) is worded as follows:

" 3. At the level of each public department or body when agreed upon in such a department and whenever there is more than one Committee on Safety and Health, there may be Technical Groups for the Prevention of Occupational Risks which, if appropriate, will be adapt, in accordance with the criteria set out in paragraph 4 of the Agreement of 20 May 2008 of the General Administration of the State Administration of Negotiation for the Management of Collective Bargaining in Administration General of the State, or that the Bureau may establish in the future. "

Two. Article 5 (1) is worded as follows:

" 1. With a general character, the Delegates or Delegates of Prevention shall be appointed by the representatives of the staff with presence in the fields of the organs of representation of the staff and between, on the one hand, the official and statutory staff who are members of the relevant Staff Board and, on the other hand, representatives of the staff members of the Business Committee or delegates and delegates of staff.

If in a given field the number of Delegates or Delegates of Prevention provided for in Article 35.2 of Law 31/1995, of 8 November, with the members of the unit organs mentioned in Article 35.2, cannot be completed. the previous paragraph, the remaining Delegates or Delegates may be elected by the Trade Union Central, between delegates or trade union delegates of that field, in proportion to their representativeness in the same.

This possibility should, in any case, be negotiated by the corresponding Delegated Bureau, after accreditation of the circumstances that are present in each case, and communicated to the General Directorate of the Civil Service. "

Tres.The last paragraph of Article 5 (1) is renumbered as paragraph 2 and is worded as follows:

" 2. By way of derogation from the preceding paragraph, another system of designation may be adopted, as provided for in Article 35.4 of Law 31/1995 of 8 November, following agreement of the Technical Commission on the Prevention of Occupational Risks. '

Four. The current Article 5 (2) is renumbered as 3 and is worded as follows:

" 3. The number of Delegates or Delegates of Prevention which may be designated for the total of the staff assigned to a work centre shall be strictly in accordance with the scale laid down in Article 35.2 of the said Law 31/1995 of 8 November. The number resulting from the application of such a scale to the total number of staff shall be distributed subsequently between the official and statutory staff on one side and the labour force on the other, in proportion to the volume of each collective the purpose of determining the number of them whose election corresponds to the staff meeting or the business committee. '

Five. Article 5 (3) and (4) shall be renumbered as 4 and 5 respectively, with the same wording.

Six. Article 5 (5) is renumbered as 6 and reads as follows:

" 6. The time used by the Delegates or Delegates of Prevention for the performance of those powers and powers shall be considered as an exercise of representation functions, for the purpose of using the credit of paid monthly hours. Article 68 (e) of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, in Article 41 (d) of Law 7/2007, of 12 April, of the Basic Staff Regulations and Article 10.3 of the Organic Law 11/1985, of 2 August, of Freedom of Association. This time credit shall be the same as for the prior condition of members of staff members, business committees or delegates or delegates of staff, or, where appropriate, of trade union delegates or delegates, without there being any appropriations. additions, own or additional, by their specific condition of Delegates or Delegates of Prevention.

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 Article 36.2 (a) and (c) of Law 31/1995 of 8 November. In addition, it shall also be considered as effective working time, without imputation to the credit schedule, that is dedicated by the Delegates or Delegates of Prevention to the actions resulting from the application of the existing harassment protocols in the Department or Agency, provided that such activities are provided for in those activities, have been formally requested by any of the persons concerned or are carried out at the request of the instruction of the case in question. "

Seven. Paragraphs 6 and 7 of Article 5 are renumbered as 7 and 8 respectively, with the same wording.

Eight. Article 6 (2) is worded as follows:

" 2. As a general rule, a single Committee on Safety and Health shall be set up in each of the work centres listed in Annex I to this Royal Decree, provided that these work centres have 50 or more public employees, according to Article 38.2 of Law 31/1995 of 8 November.

By way of derogation from the preceding paragraph and pursuant to Article 34.3 (d) of that Law 31/1995 of 8 November, Safety and Health Committees may be set up in other areas for reasons of activity and the type and frequency of the risks so advise. Such a constitution shall, in any event, comply with the following general criteria:

(a) In the Ministerial Departments, they may be constituted as own Health and Safety Committees in those Autonomous Bodies, Management Entities or common services of Social Security, autonomously, when the activity of these are clearly differentiated from the Department of which they are dependent and reach a minimum workforce of 2000 employees in the total of the dependencies available to them in the province in which they radiate their central services.

(b) In any Department, Autonomous Body, Management Entity or Common Service of Social Security or State Agency, a Committee may be constituted, unique for each territorial area in which its organization is structured, for all the dependencies covered by that area provided that, in at least one of the above, activities or works listed in Annex I to the Prevention Services Regulation are carried out, affecting a minimum of 50 public employees.

(c) In all those bodies or centres of work not included in the preceding paragraphs, at the request of the same, which for their specific characteristics in preventive matters sufficiently accredited, is considered to be after consultation with the Technical Commission for the Prevention of Occupational Risks.

In Annex II of this royal decree the application of the criteria contained in points (b) and (c) is determined in the peripheral organization of the State. "

Nine. Article 6 (3) is worded as follows:

" 3. The establishment of the Safety and Health Committees referred to in points (a), (b) and (c) of the previous point shall be expressly authorised by the Directorate-General for the Civil Service, after consultation of the Technical Commission on Risk Prevention. Labor.

In order to facilitate compliance with the provisions of article 34.3.c of Law 31/1995 of 8 November, it is up to the Directorate General of the Civil Service to draw up criteria applicable to the constitution, modification and operation of the various Committees to ensure coordinated action by the Committees; criteria which will also be the subject of consultation in the Technical Commission. "

Ten. Article 6 (4) is worded as follows:

" 4. The meetings of the Security and Health Committee may participate, with a voice but without a vote, the trade union delegates or delegates who are not further delegates or delegates of prevention, the trade union advisors, if any, and the (a) technical responsible for prevention 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. "

Once. Paragraph (a) of Article 7.3 shall be read as follows:

" (a) In the central services of the ministerial departments and public bodies with more than 500 public employees, and in those who have between 250 and 500 public employees and develop some of the activities included in Annex I to Royal Decree 39/1997 of 17 January, Regulation of the Prevention Services. '

Twelve. Article 7 (4) is worded as follows:

" 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 the membership of the same.

According to the aforementioned Royal Decree 39/1997 of 17 January, the joint prevention services must have at least three preventive disciplines or disciplines.

It will be encouraged, in particular, to set up Joint Prevention Services, in peripheral services. "

Thirteen. Article 7 (7) is worded as follows:

" 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 Royal Decree 39/1997 of 17 January 1997, and the concert shall be carried out in accordance with Article 20, after consulting the relevant Delegates and/or the Prevention Delegate or the Technical Group Article 4.3 of this Royal Decree, if any, and subsequent communication to the Technical Commission The Prevention of Occupational Risks. "

Fourteen. A paragraph 8 is added to Article 7, with the following wording:

" 8. The Prevention Service of a Department, which has the specialty of Work Medicine, if it has sufficient resources, taking as a reference the ratios set out in Annex I of Royal Decree 843/2011, of June 17, by establishing the basic criteria for the organization of resources to develop the health activity of the prevention services, with or without the collaboration of health personnel of the medical care services, will be able to assume, totally or partially, the Health Surveillance of any dependent Agency; what should be left expressly agreed in writing and authorised by the relevant health authority. '

Fifteen. Article 10 is worded as follows:

" Article 10. Control instruments.

1. Without prejudice to the specific regulation in this respect, it is established in the Royal Decrees 179/2005 of 18 February, 2/2006 of 16 January and 1755/2007 of 28 December 2007 in the field of the General Administration of the State prevention must be submitted to an external periodic control whose 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 has the mission analysis and study of the conditions of safety and health at work, as well as the promotion and support for the improvement of these. This competence shall be without prejudice to those of the Nuclear Safety Board in accordance with its specific legislation.

2. In application of the provisions of paragraph 2 of the fourth additional provision of Royal Decree 39/1997 of 17 January 1997, the abovementioned external control will meet the following criteria:

(a) On a general basis, within the framework of each annual planning and without prejudice to the powers conferred on the Labour and Social Security Inspectorate, the INSHT, in agreement with the General Directorate of the Function In order to ensure the coordination provided for in Article 11 (c) of this Royal Decree, it shall collect from each Department or Agency the information it considers relevant and shall, where appropriate, make the necessary visits to the the effects of assessing their prevention systems. In particular, account shall be taken of the reports of possible internal audits previously carried out by them.

On the basis of this information, the INSHT will issue an "external evaluation report of the prevention system", which will highlight the possible deficiencies identified and will include a specific section of proposals for its improvement. Such proposals may be accompanied by technical advice to be agreed on each case.

The report will be sent to the Department or the Agency, which in turn should inform the representation of the workers, with a copy to the Directorate General of the Civil Service. This information will be channeled, where it is constituted, through the Bureau of the General Administration of Negotiation of the General Administration of the State, or, if necessary, of the Technical Group for the Prevention of Labor Risks that would have been constituted within the same, with a copy to the corresponding Committee on Safety and Health.

(b) On an extraordinary basis, where specific circumstances are met in a Department or Agency, as appropriate, either following complaints made by the representation of workers and accepted in the A corresponding Bureau Delegate of the General Administration of the State Administration, or at the initiative of the Department or Agency itself, may be requested to carry out an Audit of the Prevention Management System. The decision taken by the Delegated Bureau or by the Department or Agency concerned shall be forwarded to the Directorate-General of the Civil Service, which shall forward it to the INSHT for its implementation. These audits shall meet the requirements set out in Articles 30.1, 30.2 and 30.5 of Royal Decree 39/1997 of 17 January.

(c) Without prejudice to the above heading, the Labour and Social Security Inspectorate, in accordance with the provisions of Royal Decree 707/2002 of 19 July 2002, approving the Rules of Procedure on the Special administrative action of the Inspectorate of Labour and Social Security and for the imposition of corrective measures of non-compliance in the field of the prevention of occupational risks in the field of the General Administration of the State, may require the performance of an external evaluation or, with the same character as the reference of the a previous letter, an audit to a Department or Body, which will bring it to the immediate knowledge of the Directorate General of the Civil Service. The General Directorate of the Civil Service will move these requirements to INSHT for priority attention.

3. For the development of this external evaluation and audit function, the INSHT will be able to count on the collaboration of the Services Inspections of each Department or Public Body. In public health institutions, such collaboration may be carried out by the Health Inspectorate.

4. 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 internal audits or evaluations, such as management that should guide the adoption of decisions aimed at improving and improving them.

To this end and in order to facilitate the realization of such internal audits with the resources available in the General Administration of the State, the Directorate General of the Civil Service will promote the use of the reference methodology and shall manage the direct advice of the INSHT in the design of the Audit Plans, in the terms to be determined in the relevant collaboration agreements, as well as the support in the audit process by the INSHT Directorate-General for Administrative Modernization, Procedures and Impulse of Administration Electronics of the Ministry of Finance and Public Administrations and Department Services Inspections, in terms that are also determined. "

Sixteen. Article 11 (c) shall read as follows:

(c) Carry out functions of general coordination of the prevention function in the field of the General Administration of the State, in particular with regard to training in this field, to the establishment of priorities and general objectives to be pursued by the various departments and bodies and the establishment and approximation of criteria, supports and methodologies for action, as well as the centralised coordination with the INSHT in relation to the advisory functions, training support and external evaluation or audit that the Agency 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 staff at the service of the General Administration of the State. "

seventeen. The additional first provision is worded as follows:

" Additional disposition first. Medical Services of Departments and Public Bodies.

The medical services of the Departments and Public Bodies will collaborate with the prevention services of the corresponding departments and public bodies in which they exist, under the coordination of the (a) the head of that service, without prejudice to the continuing performance of those functions which are attributed to them, other than those of the preventive service.

In addition, medical care services that exist in the Departments may collaborate with the prevention services of public agencies attached, under the same conditions mentioned in the previous paragraph. "

Eighteen. Additional provision third: A new paragraph 3 is added, with the following wording:

" 3. The contracting of health surveillance with other prevention services, or specialized entities, that need to be carried out by the Departments, entities or organizations that do not have a Own Prevention Service or that, even having it, do not have specialists in work medicine or need to supplement this specialty, according to the provisions of article 7.2 of this Royal Decree, will be carried out centrally, adjusting in any case to what is foreseen in the regulations The general public sector procurement and the criteria laid down by the Ministry of Hacienda and Administraciones Públicas, subject, where appropriate, to the provisions of Article 9 of Royal Decree 843/2011 of 17 June 2011. '

nineteen. The fifth additional provision is worded as follows:

" Additional disposal fifth. Adaptation of the Prevention Plans.

All the Departments and Public Bodies included in the scope of this Royal Decree, will have to make the necessary adaptations in each case in order to adapt their System of Management of the Prevention of Labour risks, carried out on the basis of the Resolution of the Secretary of State of Public Administrations of 15 November 2013, as set out in Article 3.3 thereof, in relation to the Prevention Plan. "

Twenty. A new sixth additional provision is included, with the following wording:

" Additional disposal sixth. Monitoring of Prevention Plans.

The Secretariat of each Department and the Directorate of each Agency, respectively, in the context of the provisions of article 11.b of this Royal Decree, will carry out a specific annual report on the situation of the Prevention of its Department or Agency, its degree of implementation, the effective assumption of specific functions in the field of prevention by the organizational structure and the measures adopted in relation to the Memory of the previous year. This report shall be in accordance with the structure and content to be determined by the Directorate-General for the Civil Service and shall accompany the set of information referred to in Article 11

b).

The General Directorate of the Civil Service will report to the Technical Commission on Occupational Risk Prevention, through the Annual Activity Report. "

Twenty-one. The additional sixth provision becomes the seventh additional provision, with the same wording.

Twenty-two. An additional eighth provision is added, with the following wording:

" Additional disposal octave. Registration of the Prevention Delegates and the Safety and Health Committees in the Registry of Organs Representing the Personnel.

In application of the provisions of Royal Decree-Law 20/2012 of 13 July 2012, measures to ensure budgetary stability and the promotion of competitiveness and after the establishment of the Registry of Organs Of Representation of the personnel serving the Public Administrations, shall be entered in such Register all the Delegates or Delegates of Prevention and Committees of Security and Health legally constituted, in the form that is established through the Order of the Ministry of Finance and Public Administrations. '

Twenty-three. An additional ninth provision is added, with the following wording:

" Additional provision ninth. Determination of the components of the Safety and Health Committee in cases where the scope of the Committee does not coincide with that of the unit bodies.

In the case of the Safety and Health Committees whose scope does not coincide with that of the unit of representation established in the Agreement on the Allocation of Resources and Rationalization of the Negotiating Structures and participation of 29 October 2012, the criteria to be used for the designation of the Delegates or Delegates of Prevention to be composed of those Committees, in accordance with the scale set out in Article 35.2 of Law 31/1995 of 8 November, be subject to negotiation in the Technical Commission on the Prevention of Occupational Risks, respecting the provisions of in paragraph 1 and, where appropriate, in Article 5 (2) of this Royal Decree. '

Twenty-four. An additional tenth provision is added, with the following wording:

" Additional Disposition 10th. Specific monitoring of the functioning of the Safety and Health Committees.

In order for the General Administration of the State to be able to periodically evaluate the functioning and implementation of the Health and Safety Committees in order to promote improvement actions, each Department will elaborate and shall forward to the Directorate-General of the Civil Service an annual report on this matter, for all the Safety and Health Committees in its field of competence. As regards the Provincial Safety and Health Committees, which are dependent on the Government Subdelegations, it shall be the Directorate-General for Coordination of the Peripheral Government of the State responsible for issuing the report. "

Twenty-five. An additional eleventh provision is added, with the following wording:

" Additional Disposition 11th. Optimization of resources in training in the prevention of occupational risks.

In the framework of initiatives and actions for the improvement and rationalization of the General Administration of the State, the Directorate General of the Civil Service will promote the elaboration, implementation and implementation of a " Comprehensive Plan of Training " in the field of occupational risk prevention, in which the training contents of a transversal nature of interest to the General Administration of the State are included. This plan must be integrated, under the direction and coordination of this Directorate-General and with the collaboration of the National Institute of Public Administration and the National Institute of Safety and Hygiene at Work, all training initiatives. of common interest in the field of prevention, except those that are specific or derived from the corresponding risk assessments, must be addressed in the context of the Departments or Agencies concerned. "

Twenty-six. The transitional arrangement shall become the first transitional provision and shall be worded as follows:

" First transient disposition. Special certification of intermediate level equivalent training.

By virtue of the provisions of the fourth Royal Decree 39/1997, of 17 January, after consultation with the trade union organisations represented in the Technical Commission for the Prevention of Occupational Risks, with the (a) to be able to provide the necessary resources and until such time as a stable training mechanism can be established in the framework of the system of the new "certificates of professionalism" linked to the National Catalogue of Professional Qualifications, by one side, and the requirements for access to the new professional groups are updated established by Law 7/2007 of 12 April, as well as by the Single Convention for Labour Personnel of the General Administration of the State and the other Conventions existing in that General Administration, on the other hand, the training requirements set out in Article 36.2 of Royal Decree 39/1997 of 17 January 1997 in respect of the training required for the performance of intermediate level functions, with the following limitations and requirements.

This training may be provided and certified only by the National Institute of Safety and Hygiene at Work or by the National Institute of Public Administration, at the request, in the terms and under the coordination of the Directorate General of the Civil Service, and its validity will be limited to the personnel already active in the field of the General Administration of the State at the moment of the entry into force of this Royal Decree, and with a professional experience that must be accredited by the Directorate-General.

The Trade Union Central (s) will be informed in the Technical Commission of Occupational Risk Prevention of the calls that occur. "

Twenty-seven. A second transitional provision is added, with the following wording:

" Second transient disposition. Readjustment of the number of Prevention Delegates.

All Departments and Agencies of the General Administration of the State shall proceed to accommodate the number of Delegates and/or Delegates of prevention as provided for in Article 5.3 of this Royal Decree within three months. months from the entry into force of the same. "

Twenty-eight. A third transitional provision is added, with the following wording:

" Transitional provision third. Entry into force of the provisions of Article 6 on the Safety and Health Committees.

The forecasts contained in Article 6 of this Royal Decree regarding the constitution of the Health and Safety Committees will not apply until the renewal of the Staff Boards and the Committees of the Company, as provided for in Article 12 (3) and (4) of Royal Decree-Law 20/2012 of 13 July 2012 on measures to ensure the stability of the budget and the promotion of competitiveness, as currently constituted up to that date. time. "

Twenty-nine. The final first provision is worded as follows:

" Final Disposition first. Specific features of the participation bodies in the field of occupational risk prevention in certain areas.

1. In the Ministry of Defense, taking into account the peculiarities of the military centers and establishments, the following particular forecasts are established:

(a) The designated Prevention Delegates or Delegates as provided for in Article 5 (1) of this Royal Decree shall be required to provide the status of civilian personnel for the purposes of the centres or establishments of the Ministry of Defense.

If the number of the persons designated in accordance with the preceding paragraph is insufficient, other members of the civilian staff assigned to the establishment concerned may be appointed, even if they do not have the status of members of representative bodies or staff delegates, always keeping the proportion referred to in Article 5.

b) The constitution of the Safety and Health Committees may adopt a double standard:

1. Single unit committees, for a single unit, in those dependencies where 50 or more persons in their staff carry out tasks in Annex I to the Prevention Services Regulation, as well as at the headquarters of each of the three Armies.

2. Grouped Committees, for all existing dependencies in the same province that have 50 or more employees and/or public employees in total, in each case.

c) In order to coordinate the specific regulations existing in the Ministry of Defense with the provisions of this Royal Decree, within six months, on the proposal of the Ministries of Defense and Finance and Administrations Public, the Government will proceed to the adaptation of Royal Decree 1932/1998, of September 11, of adaptation of Chapters III and V of Law 31/1995, of 8 November, to the field of military centers and establishments.

2. In the General Secretariat of Penitentiary Institutions, the Delegates or Delegates of Prevention designated as provided for in Article 5 (1) of this Royal Decree shall be required to provide the status of official or labor personnel of Penitentiary institutions, with a destination in the same territorial area to which the Security and Health Committee in question corresponds. "

Thirty. The second final provision is worded as follows:

" Final Disposition Second. Competence title.

This Royal Decree is issued pursuant to Article 149.1.7. of the Spanish Constitution, which establishes exclusive competence of the State in matters of labor law, and of Article 149.1.18. the State's exclusive rights in terms of the legal status of public administrations and the statutory regime of civil servants. "

Thirty-one. A third final provision is added, with the following wording:

" Final Disposition Third. Regulatory enablement.

The Minister of Finance and Public Administrations are hereby authorized to make any provisions necessary for the development or application of the provisions of this Royal Decree. "

Single end disposition. Entry into force.

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

Given in Madrid, on December 19, 2014.

FELIPE R.

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

SORAYA SAENZ DE SANTAMARIA ANTON

ANNEX I

Workcenters

For the purposes of Article 10 of the Organic Law 11/1985, of 2 August of Freedom of Association and in Law 31/1995, of 8 November, of Prevention of Labor Risks and other regulations dictated in its development, in the General government of the State will exist a working center at:

a) Each of the ministerial departments included in them, their Autonomous Bodies, Management Entities and common services of the Social Security Administration and all the provincial services of Madrid.

b) Each Agency, public entity or Agency not included in the previous paragraph, for all services it has in the province of Madrid.

(c) Each Delegation or Subdelegation of Government, including the Autonomous Bodies, Agencies within the scope of Law 28/2006 of 18 July, the Management Entities and the Common Services of the Administration of Social Security and the administrative units and provincial services of all Ministry of State departments in the same province, including civil servants who provide services in the military administration.

(d) Each public entity or body, not included in the previous paragraph, for all services it has in the same province or in the cities of Ceuta and Melilla.

e) In the Administration of Justice, one in each province, consisting of all the units that correspond to the services not transferred.

ANNEX II

Territorial scope to consider in the peripheral organization of the departments and agencies of the State

Department/organism

Territorial scope in which your peripheral organization is structured

Penitentiary Institutions

.

Provincial.

Zc_table_izq"> One by province.

Office: D.G. Police (non-police personnel).

Top Superiors.

One by Head.

Council of Scientific Research.

C. Autonomous or CCAA grouping matching the CSIC organization itself.

One in each case.

Ministry of Development.

Highway Demarcations.

One by demarcation.

Ministry of Agriculture, Food and Environment.

Confederation or territorial scope of the Confederation or Community.

One per Basin or territorial scope of the Confederation or Commonwealth.