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Resolution Of On May 21, 2014, The Secretary Of State Of The Social Security, Which Establishes The Preventive Activities Of The Social Security Plan, To Apply For The Mutual Of Accidents At Work And Professional Diseases...

Original Language Title: Resolución de 21 de mayo de 2014, de la Secretaría de Estado de la Seguridad Social, por la que se establece el Plan general de actividades preventivas de la Seguridad Social, a aplicar por las mutuas de accidentes de trabajo y enfermedades profesio...

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TEXT

Order TAS/3623/2006 of 28 November 2006 regulating preventive activities in the field of social security and the financing of the Foundation for the Prevention of Occupational Risks, in Chapter II of the preventive activities which may develop mutual occupational accidents and occupational diseases of social security, and in Article 3.2 of the Treaty, it confers on the Secretariat of State of Social Security to lay down the criteria and priorities to be attached to the development of those activities.

This resolution comes to meet these forecasts, in order to organize the preventive activities of the Social Security that must develop the mutual ones during the exercise, establishing the appropriate criteria for they serve the purposes of Social Security, in which they are bound, and rationalize the destination of the economic resources of the same.

According to the available information regarding the implementation by the mutual of the general plan of preventive activities for 2013, the total number of companies in which the different activities have been carried out The plan is equivalent to 77.37 percent of the number of enterprises planned, which, in turn, would represent 3.45 percent of the total number of enterprises associated with each other.

Therefore, it is considered appropriate to maintain during the year 2014 the programmes and, consequently, the criteria and priorities in which they are based, established for the previous year, as the current plans were initiated exercise and given the considerable volume of companies and workers that should be addressed and the importance of the measures, it is necessary to extend the approved programmes and criteria in order to benefit all of them.

However, the maintenance of the programmes requires the updating of the sectors which constitute the objectives of the general plan carried forward according to the data set out during the previous year. To this end, the relations of divisions of economic activities and occupational diseases with a low level, their causative agents and the sectors of activity concerned, which will be the subject of the various activities, are published by means of annexes. established in the SME technical advice programme.

Therefore, the validity of the programs, criteria and priorities to be applied by the mutual in the planning of preventive activities that dispenses Social Security, established for the year, is extended during 2014. This Secretariat of State, in its Resolution of 13 May 2013, with the necessary modifications to which it has been mentioned for the adaptation of the plan to the new temporary period of application.

Consequently, this Secretary of State for Social Security, in accordance with the powers conferred by Order TAS/3623/2006 of 28 November 2006, regulating preventive activities in the field of social security, Social security and the financing of the Foundation for the Prevention of Occupational Risks, given in accordance with Articles 68.2.b) of the recast text of the General Law on Social Security, and 13.1 of the Regulation on cooperation between the mutual associations of occupational accidents and occupational diseases of social security, approved by Royal Decree 1993/1995 of 7 December 1995, resolves to establish the general plan of preventive activities to be carried out by mutual reference during the year 2014, in accordance with the following terms:

First. Criteria and priorities to be applied by each other in the planning of their preventive activities.

During the year 2014, the mutual work accident and occupational diseases of Social Security will develop the programs of preventive activities of the Social Security that are subsequently related:

1. Programme of technical advice to SMEs and companies from preferred sectors.

Understands the conduct of visits to the associated companies in which the circumstances set forth in each of the following paragraphs are met, in order to provide technical advice to them for the purposes that are also indicate.

(a) In companies of less than 50 workers whose activity is carried out in the activity divisions of Annex 1 to this resolution, which correspond to those of the highest number of serious and fatal accidents at work In 2013, the causes that have been able to cause the high indices will be analysed and the company will be advised to correct any deficiencies that might be detected.

(b) In companies which have had an index of accidents of their own in 2013 higher than in the year 2012 or have presented fatal or serious accidents during the working day, the causes of the accident will be analysed. special accident and the employer will be informed of the results of the study carried out and the measures which should therefore be taken.

(c) In companies which in 2013 have declared occupational diseases with a low level caused by the agents and in the sectors of activity listed in Annex 2, which correspond to those in which they have been reported in 2013 exceeding the claims limits set out in the alert system of the CEPROSS register, the possible causes of the diseases will be studied and the companies will be informed about the results of the study.

2. Program of advice to companies or concurrent activities.

In workplaces in which workers of two or more undertakings, including contractors and subcontractors, or self-employed persons, some of whose undertakings or one of whose employees are associated or are employed, are present. Member States should inform and advise the companies and the self-employed involved on the application of the existing means of coordination for the prevention of occupational risks.

3. Programme for the dissemination of the social security services referred to as "Prevention10.es" and "Prevention25.es".

Meeting between the associated companies of up to 25 workers and self-employed persons to inform them about the functionalities offered by the services "Prevention10.es" and "Prevention25.es ", which dispenses the Social Security protective action and show them its use.

The mutual associations will be able to request, for the development of this activity, the collaboration of the National Institute of Safety and Hygiene at Work, as an organ to which the Secretariat of State of Social Security has entrusted with the direct management of services. In case the latter lacks the availability of means at the different locations and dates, the program will be developed directly by the personnel of the mutual.

4. Programme for the control of the expenditure on economic benefits of Social Security by professional contingencies.

In relation to each of the companies which are the subject of the activities of the technical advice programme to the companies, a statistic will be drawn up prior to the implementation of the programme, which will record the number of economic benefits of social security by professional contingencies recognised in the financial year 2013 in favour of the injured workers or their beneficiaries and cost thereof, for their future comparison with the evolution of that same information at the end of 2014.

The Directorate-General for Social Security Management shall determine the data to be contained in the statistics to be drawn up by mutual associations.

Second. Preventive activities to be developed by mutual societies.

Mutual will develop their respective preventive activity plans strictly in accordance with the programs, activities, criteria, priorities and objectives set out in the first resolution of this resolution.

The preventive activities to be carried out by the mutuals, in accordance with the provisions of Article 2 of Order TAS/3623/2006 of 28 November, which regulate preventive activities in the field of social security and the financing of the Foundation for the Prevention of Occupational Risks, may not in any case assume the substitution of undertakings in the fulfilment of the obligations laid down in Law 31/1995, of 8 November, of Prevention of Risks Labor.

Third. Financing of preventive activities to be developed by mutual societies.

In accordance with the provisions of Article 3.1 of Order TAS/3623/2006 of 28 November 2006, the preventive activities referred to in this resolution shall be financed by the mutual work of accidents at work and diseases Social security professionals with the available budgetary resources for the year 2014, without the expenditure intended to be implemented by each mutual being able to exceed 0.5% of their income from contingency fees. (i) professional qualifications, a limitation to which the development of the plan must be adjusted in any case.

Fourth. Documents and publications.

All publications, guides and reports to facilitate mutual funds will be exclusively used for the associated companies and the workers attached to each of them. The title "General Plan of Social Security Preventive Activities 2014" shall be included in all the documentation that is edited by the mutual or participating in its edition, and the logos of the Ministry shall be entered in its heading The Ministry of Employment and Social Security, the Secretariat of State for Social Security and the Directorate-General for Social Security and Social Security, who hold the functions that are being developed.

Fifth. Presentation by the mutual of the plan of preventive activities to be developed in the year 2014.

Within 15 days of the publication of this resolution, the mutual occupational accidents and occupational diseases of the Social Security shall be submitted to the Directorate-General for Security Management. Social, for its approval, the plan of individual preventive activities with the different programs that they intend to develop during the year 2014, in application of the criteria and priorities established in the solve first, specifying the sectors and the companies to which they are directed, as well as the number of workers affected and the the expected cost of development of each of these activities, information to be provided by each mutual agreement in accordance with the structure to be determined by the Directorate-General.

Sixth. Information about the execution of the preventive activity plan.

During the first quarter of 2015, mutual societies should provide the Directorate-General for Social Security Management with detailed information on the aspects to be determined by such a management centre. the preventive activities plan, as well as the cost of its execution.

Seventh. Monitoring and evaluation of results.

The Directorate-General for Social Security Management shall carry out the technical assessment and monitoring of the results, to the effect of which, and in accordance with the provisions of Article 3.2 of Order TAS/3623/2006, 28 of November, may request, as appropriate, the collaboration of the National Institute of Safety and Hygiene at Work.

Eighth. Extension of the General Plan to the National Institute of Social Security and the Social Institute of the Navy.

The National Institute of Social Security and the Social Institute of the Navy may be interested in dispensing the programs and activities established in the first resolution in favor of the companies and the workers included. in their respective areas of management, to which they shall request from the Directorate-General for Social Security Management the extension of the general plan and shall formalise with the mutual occupational accidents and occupational diseases Social measures which correspond to these objectives, which will require the Prior conformity of the cited management centre.

Ninth. Coordination with the Autonomous Communities.

This resolution establishes the annual planning of the activities of the Social Security in matters of control and prevention of the professional contingencies that ampara, in accordance with the provisions of the articles 68.2.b) of the recast of the General Law on Social Security, and 3.2 of Order TAS/3623/2006 of 28 November 2006, which also confer on the Secretariat of State of Social Security the competence for its determination and for the establishment of the criteria and priorities to be followed. These activities are distinct and non-related to the prevention of occupational risks regulated in Law 31/1995 of 8 November.

The autonomous communities which, by virtue of their respective autonomy statutes, have shared implementing powers with the Secretariat of State for Social Security in the area of coordination of activities In this field, they may be interested in, among the activities programmes established in the first resolution of this resolution and respecting the recipients, activities, criteria and objectives thereof, the development of the particularities that interest them. For these purposes, they must communicate to the Ministry of Employment and Social Security within one month of the publication of this resolution in the "Official State Gazette", the aforementioned development activities to be carried out by the mutual the territory of the corresponding autonomous community.

10th. Enforcement powers.

The Directorate-General for Social Security Management is hereby authorized to take the measures and instructions that may be necessary for the implementation of this resolution.

11th. Entry into force.

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

Madrid, May 21, 2014. -Secretary of State for Social Security, Tomas Burgos Gallego.

ANNEX 1

Activity Divisions with the highest number of fatal and fatal work accidents

81.Services to buildings and gardening activities

Divisions

Total fatal and fatal work accidents in job centers from 1 to 49 workers

43. Specialized construction activities

217

01. Agriculture, livestock, hunting and related services

210

41. Building Construction

207

49. Land and pipeline transport

203

46. Wholesale trade and trade intermediaries, except motor vehicles and motorcycles

138

and beverage services

95

47. Retail trade, except motor vehicles and motorcycles

94

. Manufacture of metal products, except machinery and equipment

75

10. Power industry

72

45. Sale and repair of motor vehicles and motorcycles

71

03. Fisheries and aquaculture

69

52. Storage and shipping activities

45

16. Wood and cork industry, except furniture; cesteria and esparteria

43

02.Forestry and forest exploitation

38

93. Sports, recreational and entertainment activities

35

96. Other personal services

35

42. Civil engineering

34

23. Manufacture of other non-metallic mineral products

33

85. Education

33

Services

28

86. Health activities

28

24. Metallurgy; manufacture of iron, steel and ferroalloy products

24

28. Manufacture of machinery and equipment not classified elsewhere

24

20. Chemical industry

21

31. Furniture Manufacturing

21

33. Repair and installation of machinery and equipment

20

38. Waste collection, treatment and disposal; recovery

20

Total accidents selected divisions

1,975

ANNEX 2

Professional diseases caused by the agents and in the sectors of activity indicated, of which in 2013 the limits of claims established in the alert system of CEPROSS were exceeded

Group 2. Professional diseases caused by physical agents

Sectors (CNAE)

Professional Disease Box

1011. Meat processing and conservation

2D0201

1039. Other fruit and vegetable processing and conservation

2D0201

1413. Making other outer garments

2D0201

2042. Manufacture of perfumes and cosmetics

2D0201

2120. Manufacture of Proprietary Medicinal Products

2D0201

2410. Manufacture of basic iron, steel and ferroalloy products

2D0201

2550. Forging, stamping and drawing metals; powder metallurgy

2D0201

2711. Manufacture of electric motors, generators and transformers

2D0201

2751. Appliance manufacturing

2D0201

2910. Motor vehicle manufacturing

2D0201

2932. Manufacture of other components, parts and accessories for motor vehicles

2D0201

4711. Retail trade in non-specialized establishments, with a predominance of food, beverage and tobacco products

2D0201

4719. Other retail trade in non-specialized establishments

2D0201

4721. Retail trade in fruit and vegetables in specialized establishments

2D0201

8121. General Building Cleaning

2D0201

8130. Gardening activities

2D0201

Group 3. Occupational diseases caused by biological agents

Sectors (CNAE)

Professional Disease Box

8610. Hospital activities

3A0101

8621. General medicine activities

3A0101

8731. Assistance in residential settings for seniors

3A0101

Group 4. Diseases caused by inhalation of substances and agents not covered by other paragraphs

Sectors (CNAE)

Professional Disease Box

0811. Extraction of ornamental stone and for construction, limestone, plaster, creta and slate

4A0102

2370. Cutting, carving and finishing the stone

4A0102

Group 5. Professional skin diseases caused by substances and agents not included in any of the other paragraphs

Sectors (CNAE)

Professional Disease Box

5610. Restaurants and food stalls

5A0129

8121. General Building Cleaning

5A0129

8411. General Public Administration activities

5A0129

8610. Hospital activities

5A0122

8710. Care in residential care facilities

5A0129

Group 6. Occupational diseases caused by carcinogens

Sectors (CNAE)

Professional Disease Box

1081. Manufacture of sugar

6A0301

3312. Machine Repair

6A0301

4311. Demolition

6A0301

5510. Hotels and similar accommodations

6B0102

8812. Social services activities without accommodation for people with disabilities

6B0102

9602. Hairdressing and other beauty treatments

6B0102