JUAN CARLOS I REY OF SPAIN

To all that the present will see and understand.

Sabed: That the General Courts have approved and I come to sanction the following law.

EXPLANATORY STATEMENT

I

On February 11, 1996, the Law 31/1995 of 8 November of the Prevention of Occupational Risks came into force.

This law, articulated on the principles of effectiveness, coordination and participation while inspired by the objectives of responsibility and cooperation, came to meet the requirement of a new normative approach aimed at putting In the absence of a unitary vision of the prevention of occupational risks in our country, to update already outdated regulations, to adapt the Spanish legislation to the EU legislation on safety and health at work and to regulate new situations not previously mentioned.

The application of the Law on the Prevention of Occupational Risks, as well as its provisions for development or complementary and other rules concerning the adoption of preventive measures in the field of work, pursues not only the management of the obligations and responsibilities of actors immediately related to the work done, but to promote a new culture of prevention. In this way, the demand for a company performance outboard the mere formal fulfilment of a set of duties and obligations, requiring the planning of prevention from the very moment of the design of the business project, the initial assessment of the risks inherent in the work and its regular updating as circumstances change and the working conditions vary, as well as the management of a coherent and inclusive set of action measures preventive measures to the nature of the risks and the monitoring of the effectiveness of such measures.

II

Since the entry into force of the Law on the Prevention of Occupational Risks, the public authorities, the State and Autonomous Communities, the social agents, the companies and the workers and other entities dedicated to the prevention of risks have developed a huge effort, in all orders and each in their field of responsibility, which has provided Spain with a framework for the common security and health policy in the work of the European Union and a policies developed by its Member States.

This effort should lead to the integration of the prevention of occupational risks at all levels of the company and to foster a genuine culture of prevention. However, the experience gained in the implementation of the regulatory framework, in the more than seven years since the entry into force of the law, has already made it possible to ascertain both the existence of certain problems which make it difficult to implement them, as the result of certain inadequacies in their content, which manifest themselves, in terms of accidents at work, in the subsistence of the index of undesired occupational accidents that demand actions as profound as agile.

The analysis of these problems highlights, among other issues, a deficient incorporation of the new prevention model and a lack of integration of prevention in the company, which is evident on many occasions in the more formal than efficient compliance with the regulations. At the same time, there is a lack of compliance with the rules on the prevention of occupational risks to the new forms of organisation of work, in particular in the various forms of subcontracting and in the construction sector.

III

In the month of October 2002, the result of the concern shared by all for the evolution of the data of the labor accident, the government promoted the restart of the Table of Social Dialogue in the field of Risk Prevention. Work with employers ' and trade union organisations. In addition, a number of meetings were held between the Government and the Autonomous Communities within the Sectoral Labour Affairs Conference to deal with these issues in a joint manner.

The conclusions of this dual dialogue, social and institutional, have been implemented in a set of measures for the reform of the regulatory framework for the prevention of occupational risks, aimed at overcoming the problems and inadequacies on which there is a common diagnosis, taken on 30 December 2002 as the Agreement of the Bureau of Social Dialogue on the Prevention of Occupational Risks, between the Government, the Spanish Confederation of Business Organisations, the Spanish Confederation of Small and Medium-sized Enterprises, Workers ' Commissions and the General Union Workers. These measures were subsequently endorsed by the plenary session of the National Security and Health Commission of 29 January 2003.

The measures agreed cover different areas:

(i) measures for the reform of the regulatory framework for the prevention of occupational risks, measures in the field of social security, measures for the strengthening of the monitoring and control function of the labour inspection system; Social security and measures for the establishment of a new information system in the field of occupational accidents.

IV

purpose of this law is to deal with the implementation of the measures contained in the Agreement of 30 December 2002 which require a standard of formal law to be implemented and which refer to two areas closely On the one hand, the reform of the regulatory framework for the prevention of occupational risks, on the other, the strengthening of the role of surveillance and control of the system of labour and social security.

The following four must be highlighted as the basic objectives of this law:

First, and as a horizontal objective, to actively combat the sinister work.

Secondly, fostering a genuine culture of risk prevention at work, ensuring effective and effective compliance with preventive obligations and outlawing purely formal or documentary compliance. such obligations.

Third, reinforce the need to integrate the prevention of occupational risks into the management systems of the company.

And, fourth, to improve the control of compliance with the regulations on the prevention of occupational risks, by adapting the sanctioning rule to the substantive rule and the strengthening of the surveillance and control function, within the framework of the territorial committees of the Labour and Social Security Inspectorate.

To achieve the newly targeted objectives, this law is structured in two chapters: the first includes the modifications introduced in Law 31/1995, of 8 November, of the Prevention of Labor Risks; the second includes the amendments introduced in the Law on Infringements and Sanctions in the Social Order, recast text approved by Royal Decree-Law 5/2000 of 4 August.

V

Chapter I of this law modifies various articles of the Law on the Prevention of Labor Risks to highlight the importance of the integration of the prevention of occupational risks in the company.

The necessary integration of prevention in the production process and in the hierarchical line of the company, although it is described in the explanatory memorandum of the Law 31/1995 and is reflected among the general principles of the Article 15 (1) (g) of Article 15 (1) and as an obligation associated with the production of the same activity in Article 16 (2), must be highlighted and highlighted in the law as what makes it possible to ensure control of the risks, the effectiveness of the preventive measures and the detection of deficiencies that lead to new risks.

This integration of prevention, which is detailed in Articles 1 and 2 of Royal Decree 39/1997 of 17 January, Regulation of the Prevention Services, is now listed as the first obligation of the company and as the first advice and support activity that should be provided by a preventive service, all to ensure integration and avoid purely formal and non-efficient compliance with the rules.

To this end, article 14.2 of the Law 31/1995 is amended to emphasize that, in the context of its responsibilities, the employer will carry out the prevention of occupational risks through the integration of preventive activity into the company that will be concretized in the implementation and implementation of a plan of prevention of occupational risks. This responsibility of the employer will be developed through the continuous monitoring of the preventive activity, in order to continuously improve the activities of identification, evaluation and control of risks.

Also, Article 16 is amended, stressing the duty to integrate prevention into the management system of the company, both in the whole of its activities and in all the hierarchical levels of the company, precisely through the implementation and implementation of a plan for the prevention of occupational risks, the content of which is determined. The assessment of occupational risks and the planning of preventive activity are essential tools for the management and implementation of this plan.

The modifications aimed at achieving effective integration of prevention in the company with the changes in Articles 23 and 31 of the Law on the Prevention of Labor Risks are completed. Article 23 shall be incorporated as the first document to be drawn up by the employer, on the basis of which all the preventive action, the plan for the prevention of occupational risks shall be articulated, well understood that a mere document does not ensure the integration of the The company's prevention and effective management and effective implementation in the company is really effective. In Article 31, the technical competence of the preventive and material services in which, as a result, they must be in a position to provide the company with the advice and support necessary for the purposes of the prevention and treatment of the of the types of risk in it, not only the design, but also the implementation and implementation of the occupational risk prevention plan. It also sets out clearly, as a task of prevention services, advice and support for the further planning of preventive activity.

Finally, a new article and a new provision is incorporated into Law 31/1995 to provide that the presence in the workplace of the preventive resources of the employer, whatever the modality of the organisation of such resources, will be necessary in certain cases and situations of particular risk and danger, and such preventive resources must remain in the workplace during the time the situation is maintained. determine their presence.

Among the assumptions that determine the need for the presence of preventive resources are those in which risks may be aggravated or modified during the development of processes or activities, by (a) a number of different operations taking place or at the same time and making specific checks necessary for the correct application of the working methods.

The law therefore does not refer to any alleged concurrency of successive or simultaneous operations, but only to those who, in addition, make precise control of how the working methods are applied, given that an inappropriate application of such methods could lead to such an aggravation or modification of the risk. This is intended to be carried out through the presence of preventive resources, which will serve to ensure strict compliance with working methods and, therefore, risk control.

The law wants to refer here to activities such as construction works or shipbuilding, in which accident investigation has shown that a large number of accidents have their origin precisely in the aggravation or modification of the risks in these circumstances, which is intended to be avoided by this measure.

Given its particular characteristics, a specific regulation is established for the presence of preventive resources in construction works.

In any case, it should be noted that the integration of the prevention of occupational risks in the company will be in accordance with the provisions of Articles 36 and 39 of the Law 31/1995 on the competences and powers of the prevention delegates. and the Committee on Safety and Health.

In addition, this chapter incorporates a new paragraph to Article 24, in order to show that the coordination obligations that are regulated in it must be the subject of regulatory development.

VI

Chapter II of this Law includes the reform of the Law of Infractions and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August, to improve the control of compliance with the law of the prevention of occupational risks.

In order to combat the purely formal or documentary compliance of the obligations in the field of occupational risk prevention, the offending rates are drawn up by specifying that the preventive obligations will have to be met with the the scope and content set out in the rules on the prevention of occupational risks.

The Law of Infractions and Sanctions in the Social Order is also amended to ensure the effective fulfilment of their obligations by the different individuals responsible for the prevention of occupational risks: (a) work centres, employers, works promoters, audit bodies and training institutions in the prevention of occupational risks.

After certain preventive obligations have been outlined through the changes introduced in the Law on the Prevention of Occupational Risks, the Law on Infractions and Sanctions in the Social Order is accommodated. (i) obligations on matters such as the integration of the prevention of occupational risks, the infringements of employers who hold the job centre and the lack of presence of preventive resources.

Furthermore, the systematic improvement of the rates of the infringements in the scope of the Royal Decree 1627/1997 of 24 October, establishing the minimum safety and health provisions in the works is improved. -construction.

In order to improve coordination between temporary work companies and user companies, the Law of Infractions and Penalties in the Social Order is a serious violation of the user undertaking to allow the beginning of the the provision of services of workers made available without a documentary evidence that they have received the information concerning the risks and preventive measures, have the necessary specific training and have a state of health compatible with the job to be performed.

Singular mention deserves the classification as a very serious infringement of the subscription of covenants that have as object the circumvention, in fraud of law, of the solidarity responsibility established in article 42.3 of the Law of Prevention In addition, it expressly reflects the fact that the covenants that have as their object the circumvention, in fraud of law, of the solidarity responsibility defined in the article itself are null and do not produce any effect. This is because any pact which seeks to amend a legally defined and assessed scheme of administrative responsibilities cannot have the intended effect and must be taken for a non-post, as provided for in Article 6.3 of the Code. Civil, according to which "acts contrary to the mandatory rules and to the prohibitive rules are null and void".

VII

As noted above, the social and institutional dialogue has also highlighted the desirability of strengthening the functions of public control in the fulfilment of the preventive obligations by those who are obliged.

To this effect, and on the experience of the last three decades, this law updates the collaboration with the Inspection of Labor and Social Security by the technical officials of autonomous dependence that already have (a) the task of checking the business, providing these functions with the corresponding guarantees as regards their development and compliance with the principle of legal certainty, which are perfectly compatible with the impetus of the deterrent effects; non-compliances which, in short, pursues any public action of verification and control.

For this purpose, certain amendments are made to Articles 9 and 43 of the Law on the Prevention of Labor Risks and Articles 39, 50 and 53 of the Law on Violations and Sanctions in the Social Order.

CHAPTER I

Amendments that are introduced in Law 31/1995, of 8 November, on the Prevention of Labor Risks

Article first. Collaboration with the Labour and Social Security Inspectorate.

The articles of the Occupational Risk Prevention Act listed below are amended in the following terms:

One. Article 9 (2) is worded as follows:

" 2. The General Administrations of the State and the Autonomous Communities shall, in their respective fields of competence, take the necessary measures to ensure the necessary cooperation and technical advice to the Labour Inspectorate. and Social Security which, in the field of the General Administration of the State, will be provided by the National Institute of Safety and Hygiene at Work.

These public administrations will develop and coordinate action plans, in their respective areas of competence and territorial, to contribute to the development of preventive actions in companies, especially those of medium and small size and those of sectors of activity with a higher level of risk or of accidents, through actions of advice, information, training and technical assistance.

In the exercise of such tasks, public servants of the aforementioned Administrations carrying out technical work on the prevention of occupational hazards referred to in the preceding paragraph may perform duties. (a) advice, information and proof of health and safety conditions in undertakings and workplaces, with the scope referred to in paragraph 3 of this Article and with the capacity of the requirement referred to in Article 43 of the this law, all in the form that is determined to be regulated.

The aforementioned verification actions will be programmed by the respective Territorial Commission of the Labour and Social Security Inspectorate as referred to in Article 17.2 of Law 42/1997, of 14 November, Labour and Social Security Inspectorate for integration into the Work Safety and Health Action Plan of the Labour and Social Security Inspectorate. "

Two. A new paragraph 3 is added to Article 9 with the following wording:

" 3. Where the evidence referred to in the preceding paragraph is concerned, the existence of an infringement shall be deducted, and whenever there has been a failure to comply with the request, the acting official shall report to the Inspection of Work and Social Security, in which the facts shall be collected, for the purposes of the release of the relevant infringement act, if this is the case.

For these purposes, the facts relating to the performance of the verification of the material or safety and health conditions contained in such reports shall enjoy the presumption of certainty referred to in the provision. Fourth, paragraph 2, of Law 42/1997 of 14 November 1997, authorising officer of the Labour and Social Security Inspectorate. '

Three. A new paragraph 4 is added to Article 9 with the following wording:

" 4. The measures provided for in the two preceding paragraphs shall be subject to the time limits laid down in Article 14 (2) of Law No 42/1997 of 14 November 1997, authorising officer of the Labour and Social Security Inspectorate. '

Article 2. Integration of the prevention of occupational risks in the company.

The articles of the Occupational Risk Prevention Act listed below are amended in the following terms:

One. Article 14 (2) is worded as follows:

" 2. In compliance with the duty of protection, the employer must ensure the safety and health of the workers at their service in all aspects related to the work. To this end, in the context of its responsibilities, the employer will carry out the prevention of occupational risks through the integration of preventive activity into the enterprise and the adoption of all the necessary measures for the protection of workers. the safety and health of workers, with the specialities set out in the following Articles in the field of occupational risk prevention, risk assessment, information, consultation and participation and training of workers. workers, action in cases of emergency and serious and imminent risk, health surveillance, and by the formation of an organization and the means necessary in the terms laid down in Chapter IV of this Law.

The entrepreneur will develop a permanent action to follow up the preventive activity in order to continuously improve the activities of identification, evaluation and control of the risks that have not been possible. avoid and the existing levels of protection and shall provide the necessary means for the adaptation of the prevention measures referred to in the preceding paragraph to amendments which may be subject to the circumstances affecting the performance of the work. "

Two. The title of Article 16 is amended, which is referred to as the "Plan for the prevention of occupational risks, risk assessment and planning of preventive activity" and new wording is given to paragraphs 1 and 2 of this Article. written in the following terms:

" 1. The prevention of occupational risks must be integrated into the general management system of the company, in all its activities as well as in all the hierarchical levels of the company, through the implementation and implementation of a prevention plan. of occupational risks referred to in the following paragraph.

This work risk prevention plan should include the organizational structure, responsibilities, functions, practices, procedures, processes and resources necessary to perform the action of the risk prevention in the enterprise, in the terms that are regulated.

2. The essential instruments for the management and implementation of the risk prevention plan, which may be carried out in phases on a scheduled basis, are the assessment of occupational risks and the planning of preventive activity to be carried out. refer to the following paragraphs:

(a) The employer must carry out an initial assessment of the risks to the safety and health of workers, taking into account, in general, the nature of the activity, the characteristics of the existing work and the workers to perform them. The same assessment should be carried out on the occasion of the choice of the work equipment, the chemical substances or preparations and the conditioning of the workplaces. The initial assessment shall take into account those other actions to be carried out in accordance with the provisions of the rules on the protection of specific risks and activities of particular hazard. The assessment shall be updated when the working conditions change and, in any case, shall be submitted for consideration and shall be reviewed, if necessary, on the occasion of the health damage that has occurred.

When the result of the assessment is made necessary, the employer shall carry out periodic checks on the working conditions and the activity of the workers in the provision of their services, in order to detect situations potentially dangerous.

(b) If the results of the assessment provided for in subparagraph (a) show risk situations, the employer shall carry out the necessary preventive activities to eliminate or reduce and control such risks. Such activities shall be the subject of planning by the employer, including for each preventive activity, the time limit for carrying out such activities, the designation of persons responsible and the human and material resources necessary for their implementation.

The employer must ensure the effective execution of the preventive activities included in the planning, thus making continuous monitoring of the plan.

Prevention activities must be modified when the employer appreciates, as a result of the periodic checks provided for in subparagraph (a) above, his inadequacy for the protection purposes required. "

Three. Article 23 (1) (a), (b) and (c) shall be worded as follows:

" (a) Plan for the prevention of occupational risks, as provided for in Article 16 (1) of this Law.

b) Assessment of the risks to safety and health at work, including the result of periodic checks on working conditions and the activity of workers, in accordance with the provisions of the paragraph (a) in Article 16 (2) of this Act.

(c) Planning of preventive activity, including protective and preventive measures to be taken and, where appropriate, protective material to be used, in accordance with Article 16 (2) (b) of this Regulation. this law. "

Article 3. Coordination of business activities.

A paragraph 6 is added to Article 24 of the Labor Risk Prevention Act with the following wording:

" 6. The obligations laid down in this Article shall be regulated. "

Article 4. Organization of resources for preventive activities.

The articles of the Occupational Risk Prevention Act listed below are amended in the following terms:

One. Article 31 (3) (a) shall be worded as follows:

"a) The design, implementation and implementation of a work risk prevention plan that will allow the integration of prevention into the company."

Two. Article 31 (3) (c) shall be worded as follows:

"c) The planning of preventive activity and the identification of priorities in the adoption of preventive measures and the monitoring of their effectiveness."

Three. In Chapter IV, a new Article 32a is added with the following wording:

" Article 32a. Presence of preventive resources.

1. The presence in the work center of the preventive resources, whatever the modality of organization of these resources, will be necessary in the following cases:

(a) Where the risks may be aggravated or modified in the development of the process or the activity, by the concurrence of different operations that are developed successive or simultaneously and which make the control of the correct application of the working methods.

(b) When activities or processes are carried out that are regulated as dangerous or with special risks.

(c) Where the need for such presence is required by the Labour and Social Security Inspectorate, if the circumstances of the case so require due to the working conditions detected.

2. Preventive resources, to which the employer may assign the presence, are considered as follows:

a) One or more designated workers of the company.

b) One or more members of the company's own prevention service.

c) One or more members of the company or the other non-party prevention services.

When the presence is made by different preventive resources, they must collaborate with each other.

3. The preventive resources referred to in the previous paragraph must be sufficient, have the necessary means and be sufficient in number to monitor compliance with the preventive activities, and must remain in the working centre during the time the situation is maintained to determine its presence.

4. Notwithstanding the above, the employer may assign the presence expressly to one or more employees of the undertaking who, without being part of the own prevention service or being designated workers, meet the requirements of the knowledge, qualification and experience required in the activities or processes referred to in paragraph 1 and have the preventive training corresponding to at least the functions of the basic level.

In this case, such workers must maintain the necessary collaboration with the employer's preventive resources. "

Article 5. Powers of the Committee on Safety and Health.

Paragraph (a) of Article 39 (1) of the Law on the Prevention of Labor Risks is worded as follows:

" a) Participate in the elaboration, implementation and evaluation of the risk prevention plans and programs in the company. To this end, projects in the field of planning, organisation of work and the introduction of new technologies, organisation and the introduction of new technologies, organisation of work and the introduction of new technologies, organisation and work, will be discussed before implementation and as regards their impact on risk prevention. development of the protection and prevention activities referred to in Article 16 of this Law and the project and organisation of preventive training. "

Article 6. Strengthening of the supervision and enforcement of the regulations on the prevention of occupational risks.

A new paragraph 3 is added to Article 43 of the Labor Risk Prevention Act with the following wording:

" 3. The requirements and effects of the requirements and effects of this law shall be applied to the requirements and effects of public servants referred to in Article 9.2 of this Law, in the exercise of their functions of support and cooperation with the Labour and Social Security Inspectorate. in the previous paragraph, which may be reflected in the Labour and Social Security Inspectorate's Book of Visits, in such a way as to be determined by regulation. "

Item seventh. Coordination of business activities in construction sites.

An additional new provision, the 14th, is added to the Labor Risk Prevention Act with the following wording:

" Additional disposition fourteenth. Presence of preventive resources in construction sites.

1. The provisions of Article 32a of the Law on the Prevention of Occupational Risks shall apply to construction works covered by Royal Decree 1627/1997 of 24 October 1997 laying down minimum safety and security requirements for the protection of the environment and the environment. health in construction works, with the following specialties:

a) The mandatory presence of preventive resources will be applied to each contractor.

(b) In the case referred to in Article 32a (1) (a), the presence of the preventive resources of each contractor shall be necessary where, during the work, work is carried out with special risks, such as as defined in the aforementioned royal decree.

(c) The mandatory presence of preventive resources shall be aimed at monitoring compliance with the measures included in the safety and health plan at work and checking the effectiveness of these measures.

2. The provisions of the above paragraph are without prejudice to the obligations of the coordinator in the field of safety and health during the execution of the work. '

Article 8. Empowerment of civil servants.

A new additional provision, the 15th, is added to the Labor Risk Prevention Act with the following wording:

" Additional Disposition 15th. Empowerment of civil servants.

In order to be able to perform the functions set out in Article 9 (2) of this law, public officials in the autonomous communities shall have a specific rating issued by their own autonomous community, in terms to be determined in a regulated manner.

In any case, such officials must belong to the A or B titration groups and credit specific training in the field of occupational risk prevention. "

CHAPTER II

Amendments that are introduced in the Law on violations and sanctions in the social order, recast text approved by the Royal Legislative Decree 5/2000, of 4 August

Article ninth. Responsible subjects and concept of infringement.

The articles of the Law on Infractions and Sanctions in the Social Order listed below are amended in the following terms:

One. Article 2 (8) is worded as follows:

" 8. Employers who hold the job centre, promoters and owners of work and self-employed persons who fail to comply with the obligations arising out of the rules on the prevention of occupational risks. "

Two. Article 5 (2) is worded as follows:

" 2. The actions or omissions of the various responsible persons who fail to comply with the laws, regulations and normative clauses of the collective agreements in the field of occupational risks are labor violations in the field of occupational risk prevention. safety and health at work subject to liability under this law. "

Article 10. Serious infringements of the prevention of occupational risks.

The sections of article 12 of the Law on Infractions and Sanctions in the Social Order listed below are amended in the following terms:

One. Paragraph 1 is worded as follows:

" 1. a) Incompliance with the obligation to integrate the prevention of occupational risks in the company through the implementation and implementation of a prevention plan, with the scope and content established in the regulations for the prevention of occupational risks.

(b) Not to carry out risk assessments and, where appropriate, their updates and revisions, as well as periodic checks on the working conditions and the activity of workers who come, or do not carry out prevention activities that make the results of the evaluations necessary, with the scope and content set out in the regulations on the prevention of occupational risks. "

Two. Paragraph 6 is worded as follows:

" 6. Failure to comply with the obligation to carry out the planning of the preventive activity deriving as necessary from the risk assessment, or not to follow up the risk assessment, with the scope and content set out in the prevention regulations occupational risks. "

Three. Paragraph 14 is worded as follows:

" 14. Failure to adopt the necessary measures to ensure that those who carry out activities in the workplace receive the appropriate information and instructions on the risks and measures taken by the employer. protection, prevention and emergency, in the form and with the content laid down in the rules on the prevention of occupational risks. "

Four. Paragraph 15 is worded as follows:

" 15. (a) Do not designate one or more workers to take care of the activities of protection and prevention in the enterprise or not to organise or arrange a preventive service where this is mandatory, or not to provide the preventive resources of the means which necessary for the development of preventive activities.

(b) The lack of presence of preventive resources where this is mandatory or the failure to comply with obligations arising from their presence. "

Five. Paragraph 19 is worded as follows:

" 19. Do not provide designated workers or the prevention service with access to the information and documentation referred to in Article 18 (1) and Article 23 (1) of the Law on the Prevention of Occupational Risks. "

Six. A new paragraph 23 is added with the following wording:

" 23. In the field of application of Royal Decree 1627/1997 of 24 October 1997 laying down minimum health and safety requirements for construction works:

(a) Incompliance with the obligation to draw up the safety and health plan at work with the scope and content laid down in the regulations on the prevention of occupational risks, in particular because it lacks real and adequate content the specific risks to the safety and health of workers in the work or not to be adapted to the particular characteristics of the activities or procedures developed or the environment of the jobs.

b) Incompliance with the obligation to follow up the safety and health plan at work, with the scope and content set out in the regulations for the prevention of occupational risks. "

Seven. A new paragraph 24 is added with the following wording:

" 24. In the field of application of Royal Decree 1627/1997 of 24 October 1997 laying down the minimum safety and health requirements for construction works, the following obligations relating to the sponsor are not complied with:

(a) Do not designate the health and safety coordinators when this is mandatory.

(b) Incompliance with the obligation for the study to be drawn up or, where appropriate, the basic safety and health study, where this is mandatory, with the scope and content laid down in the rules on the prevention of occupational risks; or where such studies present significant and serious deficiencies or deficiencies in relation to safety and health in the work.

c) Not to take the necessary measures to ensure, in the form and with the scope and content provided for in the prevention legislation, that the employers who carry out activities in the work receive the information and the appropriate instructions on the risks and measures of protection, prevention and emergency.

d) Failure to comply with the safety and health coordinators of the obligations set out in Article 9 of Royal Decree 1627/1997 as a result of their lack of presence, dedication or activity in the work.

e) Non-compliance of safety and health coordinators with obligations, other than those referred to in the preceding paragraphs, laid down in the rules on the prevention of occupational risks where such non-compliances have or may have a serious impact on the safety and health of the work. "

Eight. A new paragraph 25 is added with the following wording:

" 25. Failure to comply with obligations arising from activities relating to persons or entities carrying out the audit activity of the business prevention system in accordance with the applicable rules. '

Nine. A new paragraph 26 is added with the following wording:

" 26. Failure to comply with obligations arising from activities relating to accredited entities for the development and certification of training in the prevention of occupational risks, in accordance with the applicable rules. "

Item 11th. Very serious infringements in the field of occupational risk prevention.

The sections of article 13 of the Law on Infractions and Sanctions in the Social Order listed below are amended in the following terms:

One. Paragraph 8 is worded as follows:

" 8. (a) Not to adopt the sponsor or the owner of the work centre, the measures necessary to ensure that those who carry out activities in the centre receive the appropriate information and instructions, in the form and with the content and scope laid down in the rules on the prevention of occupational risks, on the risks and measures of protection, prevention and emergency in the case of activities which are regulated as dangerous or with risks special.

b) the lack of presence of preventive resources where this is mandatory or the failure to comply with obligations arising from their presence, in the case of activities which are regulated as dangerous or with special risks. "

Two. A new paragraph 13 is added, with the following wording:

" 13. The alteration or distortion by the persons or entities carrying out the audit activity of the business prevention system of the content of the audited company report. '

Three. A new paragraph 14 is added with the following wording:

" 14. The subscription of covenants which are intended to circumvent, in law-fraud, the responsibilities laid down in Article 42 (3) of this Law. "

Article twelfth. Infringements of user undertakings.

A new paragraph (f) is introduced in Article 19 (2) of the Law on Infringements and Sanctions

in the Social Order that is worded as follows:

f) Allow the commencement of the provision of services of workers made available without a documentary evidence that they have received the information concerning the risks and preventive measures, they have the training This is necessary and has a state of health compatible with the job to be performed. "

Article 13th. Criteria for the graduation of sanctions.

Paragraph (f) of Article 39 (3) of the Law on Infractions and Sanctions in the Social Order is worded as follows:

"(f) Failure to comply with the prior warnings or requirements referred to in Article 43 of Law 31/1995 of 8 November on the Prevention of Occupational Risks."

Article 14. Business responsibility.

A last paragraph is added to Article 42 (3) of the Law on Infringements and Sanctions in the Social Order with the following wording:

"The covenants that have as their object the circumvention, in fraud of law, of the responsibilities established in this section are null and will produce no effect."

Item 15th. Obstruction offences.

A new paragraph is added at the end of Article 50 (2) of the Law on Infringements and Sanctions in the Social Order with the following wording:

" shall have the same consideration of the conduct referred to in the preceding paragraph which affects the exercise of the tasks assigned to the civil servants referred to in Article 9.2 of Law 31/1995 of 8 November 1995, Prevention of Occupational Risks, in their actions of verification in support of the Inspection of Work and Social Security. "

Article sixteenth.

A new paragraph 3 is added to Article 52 of the Law on Infringements and Sanctions in the Social Order with the following wording:

" 3. In addition, the Prosecutor's Office shall in any event notify the labour authority and the Labour and Social Security Inspectorate of the existence of a criminal procedure in respect of acts which may constitute an infringement. Such notification shall result in the cessation of proceedings up to the moment when the Ministry of the Prosecutor's office notifies the labour authority of the firmness of the judgment or order of dismissal issued by the judicial authority. '

Article seventeenth. Content of the minutes.

A paragraph 5 is added to Article 53 of the Law on Infringements and Sanctions in the Social Order with the following wording:

" 5. Where the act of infringement is carried out as a result of a report issued by the technical officers referred to in Article 9.2 of Law 31/1995 of 8 November of the Prevention of Occupational Risks, the report of the facts of the relevant report as well as the other relevant data of the report, with the character set out in Article 9.3 of that law.

The Labor and Social Security Inspectorate will collect from the public officials referred to the subhealing of their reports when they consider that the account of facts contained is insufficient for sanctioning purposes, proceeding to their file if it is not remedied within 15 days and without prejudice to further checks. '

Single additional disposition. Constitutional foundation.

The competence rating contained in the third provision of Law 31/1995 of 8 November of the Prevention of Occupational Risks is not altered by the modifications that are made by the this law, with the exception of that corresponding to the list of Articles in paragraph 2 (a), of that provision to which Articles 24 (6) and 32a should be added.

Single transient arrangement. Documentation of the occupational risk prevention plan.

The employers who, at the entry into force of this law, would not have documented the plan of prevention of occupational risks referred to in the new wording of article 16.1 of the Law on the Prevention of Labor Risks and the article 2.1 of Royal Decree 39/1997 of 17 January, which approves the Regulation of the Prevention Services, must proceed to formalize it in writing within six months of the entry into force of this law.

Single end disposition. Entry into force.

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

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 12 December 2003.

JOHN CARLOS R.

The President of the Acting Government,

JAVIER ARENAS BOCANEGRA