Article 68.2 of the General Law on Social Security, recast text approved by Royal Legislative Decree 1/1994, of 20 June, regulates the objective field to which the functions of social security management are extended. develop the Mutual Work and Occupational Diseases of Occupational Safety, including the management of the coverage of occupational accidents and occupational diseases, as well as the prevention of occupational diseases. contingencies.

Article 32 of the Law 31/1995 of 8 November on the Prevention of Occupational Risks provides that the Mutual Working and Occupational Diseases of Occupational Safety and Occupational Diseases will be able to develop for business associated with the tasks associated with the prevention services. Under the previous precept, the Royal Decree 39/1997 of 17 January, approving the Regulation of the Prevention Services, establishes in its article 22 that the actions of the Mutuas as preventive services will be carried out in the same conditions as those applicable to non-foreign prevention services, taking into account the requirements contained in the specific rules applicable to those entities.

the mutual societies, by their own structure and composition, maintain a close relationship with the employers who form their associative base and with the corresponding job centres, a situation which is an ideal vehicle for integrate the new preventive approach established in the Law on the Prevention of Labor Risks into the same ones, and encourage the establishment of a new culture of prevention. At the same time, they are a specialized medium for entrepreneurs, with the experience and knowledge offered by their management of the professional contingencies covered by the System, from which to obtain advice and support to know and comply with its obligations of a preventive nature required by recent legislation and technical complexity.

This Order is intended to constitute the specific rules governing the operation of the Mutual Work and Occupational Diseases of Occupational Safety and Social Security Workers in the development of the preventive functions entrusted to them, by determining the system of complementary functions of the general establishment, which will enable them to develop, immediately and urgently, the abovementioned functions, and in the current legal system. The preventive activities carried out by the said Mutuas, both in terms of coverage of the contingencies of accidents at work and occupational diseases, as well as those they carry out as services of prevention, shall be within the control and monitoring of the Commission established for this purpose in each of these entities, thus highlighting their functions in this field.

In its virtue, prior report of the National Commission on Safety and Health at Work, in use of the privileges conferred by the final disposition of the General Regulation on collaboration in the management of the Mutual Accidents at Work and Occupational Diseases of Social Security, approved by Royal Decree 1993/1995 of 7 December, and as provided for in the general rules contained in Law 31/1995 of 8 November, Prevention of Risks Labour, and in Royal Decree 39/1997 of 17 January, approving the Regulation of the Services of the European Prevention, I have had to dispose:

CHAPTER I

Common rules

Article 1. Object.

The Mutual Accidents of Work and Occupational Diseases of Social Security have a unique nature and legal personality, being able to develop the following different types of preventive activities:

(a) Those included in the coverage of occupational accident and occupational disease contingencies, in accordance with the provisions of Article 68.2 of the General Law on Social Security, Recast text approved by Royal Legislative Decree 1/1994 of 20 June.

b) Those activities relating to the functions of non-foreign prevention services in respect of their associated employers, in accordance with the provisions of Article 32 of Law 31/1995 of 8 November 1995 on the prevention of Occupational risks.

Article 2. Different activities.

The Mutual Accident of Work and Occupational Diseases of Social Security shall be obliged to keep both activities duly differentiated, in accordance with the rules contained in this Order and other provisions that are applicable.

By way of derogation from the foregoing paragraph, the Mutuas may make use of the facilities and services referred to in Article 13 of the General Regulation on the management of the Accidents of Accidents Work and Occupational Diseases of Social Security, adopted by Royal Decree 1993/1995 of 7 December 1995, of the human resources dependent on them and the funds referred to in Article 66 (1) and (3) of the Regulation General cited, subject to the legal and economic regime established in it and in this Order.

Article 3. Incompatibilities.

The natural or legal persons who hold any office in any of the governing bodies and the participation of a Mutual or perform the executive management may not have any connection with any other preventive service other than that established by the Mutua or by a joint or associative organisation in which the same party participates, with the exception of the involvement of persons participating in the decision-making bodies of the Mutua belonging to undertakings to those members and that they have a preventive service of their own.

Article 4. Monitoring and Monitoring Committee.

The preventive activities carried out by the Working Accident and Social Security Occupational Mutuals will be subject to monitoring and monitoring by the Commission of the representatives of the Member States. employers and workers, as regulated by Article 37 of the General Regulation on the management of the Mutual Insurance and Occupational Safety and Occupational Diseases (Social Security), approved by Royal Decree 1993/1995 of 7 December 1995, December.

CHAPTER II

Regime of preventive activities included in the coverage of occupational accident and occupational disease contingencies

Article 5. Activities.

In accordance with the provisions of Article 1 (a), the Mutual Work and Occupational Diseases of Occupational Safety and Occupational Diseases will be able to develop, in addition to those other activities of general non-directed scope specifically to individual companies, such as studies, surveys and statistics of claims, the following activities in favour of their associated entrepreneurs:

a) Analysis and investigation of the causes and determinants of occupational accidents and occupational diseases.

b) Promotion of preventive actions in the associated enterprises by conducting awareness campaigns and preventive education, in order to:

Encourage interest and cooperation in preventive action at all levels of the organization of the company.

Promote safe behaviors and the correct use of work and collective protection teams.

Promote basic preventive activities such as order, cleaning, and preventive maintenance.

c) Advice on preventive matters by:

Making available basic documentation regarding applicable legislation, guiding guides, posters, bibliographic references, brochures and any other useful information for these purposes.

Visits to the workplace in order to focus on the preventive needs.

Query attention.

Aid for the realization by the companies of risk assessments and the preventive actions that are derived from them, as well as for the control of the effectiveness of the preventive action.

Guidance for the elaboration and implementation of prevention plans and programs.

Guidelines for instructions and information that the company is required to provide to its employees.

d) Guidelines and contributions to training and updating of knowledge on preventive matters, in particular in relation to:

Analysis of training needs.

Plans and training programs aimed at workers.

e) Realization of days and seminars on updating and updating of knowledge on preventive matters.

f) Training of entrepreneurs in order to be able to take preventive activity themselves.

g) Disclosure of prevention, through appropriate actions aimed primarily at managers and managers of preventive activity in the company.

(h) Those other activities of a health nature, such as health education campaigns, which involve an improvement in the habits and attitudes for the work.

These activities will not imply the attribution of subjective rights in favor of the associated entrepreneurs, nor will it exempt them from the fulfillment of their obligations in terms of prevention of occupational risks.

Article 6. Preventive activities plan

1. The mutual association of occupational accidents and occupational diseases of the social security system must draw up a plan for the prevention of accidents at work and occupational diseases, which will include the objectives to be achieved. resources for the same and control of the effectiveness of such activities, taking into account the guidelines which the Ministry of Labour and Social Affairs may at any time be able to establish and consider referred to in paragraph 2 of this Article.

2. The actions of the Mutuas, in relation to the provisions of the previous paragraph, should preferably be developed in the companies of up to 50 workers. Up to six workers will be given special priority in this segment of companies. All this according to the following criteria:

(a) Priority action sectors and undertakings, the construction sector and companies that are mainly engaged in the development of one of the activities listed in Annex I to the Prevention Services Regulation shall be: adopted by Royal Decree 39/1997 of 17 January 1997, and those whose average rate of incidence over the preceding three years is 30% higher than that of the corresponding sector.

(b) In addition, actions in companies or sectors subject to priority action programmes established for the Labour and Social Security Inspectorate, by the National Safety and Health Commission in the work or the tripartite bodies for the participation of the Autonomous Communities in their territorial area.

3. The plan of the Mutual Fund for the preventive activities of occupational accidents and occupational diseases shall indicate which of the measures referred to in Article 5 of this Order are to be developed, specifying the sectors and the size and the number of companies to which they are addressed, as well as the number of workers affected by them and whether they are the subject of priority action programmes of the Labour and Social Security Inspectorate, the National Safety Commission and Health at Work or the tripartite bodies for the participation of the Autonomous Communities in their field territorial.

For the activities referred to in the previous paragraph, the necessary economic and material resources, the human resources, the economic forecasts for the financing of their development and the necessary resources must be indicated in the plan. budgetary programmes to which the cost of the programmes will be charged.

4. Each Member State shall submit to the Directorate-General for Social Security, together with the preliminary draft budget for each financial year, the plan of preventive activities for accidents at work and occupational diseases, which shall be intends to develop in this exercise, duly prioritized, so that its implementation can be adjusted to the budgetary appropriations that are approved for its coverage.

Also, during the first quarter of the year following the year in which the plan of preventive activities referred to in this article has been developed, the Mutuas will have to provide the General Management of the Social security detailed information on the implementation of the plan.

CHAPTER III

Operation of Mutual Work Accidents and Social Security Occupational Diseases accredited as prevention services

Article 7. Actions of the Mutuas as Prevention Services.

In accordance with the provisions of Article 32 of Law 31/1995 of 8 November of the Prevention of Occupational Risks, in the Prevention Services Regulation adopted by Royal Decree 39/1997 of 17 January 1997, and in the Other rules of agreement, as well as in this Order, the Mutual Insurance and Occupational Diseases of Occupational Safety and Occupational Diseases may develop, on a voluntary basis and for the enterprises associated with them, the functions (a) for non-foreign prevention services.

The activities that the Mutuas will be able to carry out will be all those for which the relevant accreditation can be enabled, and in particular the following:

Assessments of occupational risks and verification of the effectiveness of preventive action in the company, including measurements, sampling and analysis necessary for this.

Elaboration and implementation of prevention plans and programs.

Technical assistance for the adoption of preventive measures.

Elaboration and implementation of emergency plans.

Elaboration of training plans and programs.

Imparting training to workers.

Application of specific measures laid down in the specific regulations.

Surveillance of the health of the workers to be carried out by virtue of the application of the Law on the Prevention of Labor Risks and the specific regulations affecting them.

Article 8. Accreditation.

To be able to act as prevention services, the Mutual Work and Occupational Accident Mutuals of Social Security must be authorized by the competent authority of the place where they radiate its main installations, completed the formalities and requirements laid down in Articles 23 to 27 of the Prevention Services Regulation, approved by Royal Decree 39/1997 of 17 January.

At the same time as the submission to the competent labour authority of the application and project referred to in Article 23 of the abovementioned Regulation, the Mutuas shall submit copies of the same to the Directorate-General. Social Security Management, being able to use, for this purpose, any of the forms set out in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Administrative Procedure Common.

Article 9. Notice of decisions of provisional, definitive or extinction authorization of the authorization granted to act as preventive services.

Mutual occupational accidents and occupational diseases of the occupational diseases of the social security system must communicate to the Directorate-General for Social Security the resolutions of provisional and final authorization in Articles 25 and 26 of Royal Decree No 39/1997 of 17 January 1997, indicating in the latter case the data relating to the degree of implementation of the project submitted. They shall also communicate the decisions declaring the termination of the authorisations granted referred to in Article 27 of the Royal Decree itself, all within the period of 15 days following the date on which they were declared, express or tacit form, produce their effects.

Article 10. Human and material means.

1. The Mutual Working Accident and Occupational Diseases of Social Security may use the professionals and employees dependent on them for the development of the functions as prevention services. In cases where they dedicate themselves to the functions of cover of the social security contingencies and benefits which are the subject of their management, they shall be charged to the accounts which bear the costs of the activities as such. prevention services, the amount equivalent to the cost of their use in the proportion resulting from their dedication to these activities.

It will be ensured that the organization of the Preventionist activities of the Mutuas is not denatured by the performance of other tasks attributed to them.

2. The use for the development of the functions of the Services of Prevention of the installations and other material means that are affected to the functions of management of the contingencies and benefits object of the protective action of the System of the Social security shall determine that the expenditure accounts of this function shall be charged the amount equivalent to the cost of their use.

3. The use by the Mutua, in its activity as a preventive service, of means dedicated to the management of the contingencies and benefits of Social Security will not be able to be detrimental to it.

When the Directorate-General for Social Security Management considers that the simultaneous use of personnel, facilities and other material means, dedicated to functions of collaboration in the management of Social Security and Activities such as the Service of Prevention, which may be detrimental to the management of contingencies and professional services, shall provide, as far as is necessary, their services for the latter.

The resolution providing for the cessation of the use of means shall be made after the opening of the appropriate file, the processing of which shall be subject to the rules laid down in Title VI of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure, the report of the Directorate-General of the Labour and Social Security Inspectorate being mandatory. This Resolution will be communicated to the labor authority that granted authorization to act as a preventive service and to the General Treasury of Social Security.

Article 11. Formalization of concerts.

The Mutual Insurance and Occupational Accident and Occupational Diseases of Social Security shall not be able to carry out the functions regulated in this chapter without previously subscribing to the associated employer the concert to which it refers Article 20 of the Prevention Services Regulation specifying the requirements laid down therein.

The concert will include the economic consideration applicable to the provision of services, as well as the form and conditions of payment.

Article 12. Economic-financial regime.

1. The economic resources intended to finance the activities covered by this chapter, which are different from the quotas for accidents at work and occupational diseases, shall be as follows:

(a) The amounts collected by the concerts subscribed to the associated companies receiving the prevention services and those other preventive services with which the collaboration is necessary, compliance with the provisions of Article 16 of the Prevention Services Regulation adopted by Royal Decree 39/1997 of 17 January 1997.

(b) The amounts from the Prevention and Rehabilitation Fund referred to in the additional 13th provision of the Law on the Prevention of Occupational Risks, the amount of which shall be determined by the Ministry of Labour and Social affairs on the basis of the available resources in the Fund and the needs to be met by it.

(c) The quantities from the voluntary reserves of the prevention service referred to in Article 13.2.

(d) the income derived from the materialisation of the reserve for the stabilisation of prevention services and the voluntary reserves of the provision service referred to in Article 13.2.

e) Other income that may originate and that is directly and unequivocally attributable to these activities.

f) Yields derived from any of the above resources.

2. With the revenue referred to in the previous paragraph, the Mutuas shall meet the costs incurred for the coverage of the following costs:

(a) Those corresponding to the use of assets and rights belonging to the patrimony of the Social Security for any title.

b) Personnel dedicated exclusively to this activity.

c) The persons charged for the employment of staff of the Mutual Fund not exclusively dedicated to this activity.

(d) Those relating to the contracted services of third parties and the acquisition of exclusive and direct use of goods and services by the preventive services and those to be charged to the latter, as a result of their shared use with other functions developed by the entity.

e) Other expenses that are directly and unequivocally attributable to these activities.

Article 13. Accounting and results.

1. The accounting record of the activities carried out by the Mutuas as preventive services shall be carried out in such a way as to permit the accuracy of the results inherent in such activities, by difference between the income attributable to the and the direct or imputed costs to be incurred, for which purpose the criteria and technical formulae for distributing the costs of the human, goods, services or supplies used jointly by several persons shall be laid down. activities or programmes.

To this end, in accordance with the provisions of Article 151.3 of the General Budget Law, the General Intervention of Social Security will dictate the accounting rules to make the separation of results effective. the previous paragraph.

2. The economic outcome resulting from the development of the activities covered by this chapter, if positive, will be used to provide a reserve called the reserve for the stabilisation of preventive services, which will have the The aim of the project is to address potential negative outcomes in future years. The maximum amount of this reserve shall be fixed at 15 per 100 of the amount of the economic consideration referred to in Article 11. In the event that the result is made possible, voluntary reserves of the preventive service will be provided.

3. Where the closure of the financial year shows the existence of negative results or the reserve for the stabilisation of prevention services does not reach the maximum amount established, the Mutuas shall apply to cancel that result or to provide up to the maximum level of the above reserve the voluntary reserves of the service of prevention, after the stabilization of the service of prevention and then the own or historical patrimony, although in this case it will be necessary the adoption of an agreement in that sense of the General Meeting, adopted with the same quorum requirements as the required for the modification of the Statutes of the Mutual.

If the above is not enough to match the deficit, it will be necessary to approve the corresponding spill among the businessmen who have subscribed with the Mutua, in the exercise that provokes the spill, the concert for the provision of the activities and services listed in this Chapter.

Notwithstanding the provisions of the preceding paragraph. The General Board, acting on a proposal from the group of employers provided for in this Article, may agree that the recovery of the spill shall be suspended for up to three years from the end of the financial year in which the negative result has been taking into account that the possible positive results generated during that period may be applied to the partial or total cancellation of the negative.

4. The reserve for the stabilisation of preventive services shall preferably be provided in assets of fixed assets used in the management of the Mutual Fund as a preventive service or in financial investments made with security criteria, liquidity and profitability.

The goods and rights that will be acquired and the returns they produce will be incorporated into the voluntary reserves of the preventive service in favor of the mutual entrepreneurs.

Article 14. Annual programme of activities.

Each calendar year shall be drawn up by mutual reference to a programme of activities as a preventive service specifying those which they intend to carry out during the period referred to in the said programme. human and material resources and their forecasts for their degree of dedication to their development, the estimation of the number of enterprises and the target workers, the financial resources provided for the economic coverage of the its development and the estimated amounts of the concerts, which will be supported in a study of the costs that have been used to determine the costs.

First transient disposition.

1. Without prejudice to the provisions of Article 10 (3) of this Order, the Mutual Insurance and Occupational Diseases of Occupational Safety and Occupational Diseases may submit in 1997, for accreditation as preventive services, the all the human and material resources with which it has been carrying out its activities in this field, without generating further charges of expenditure than those relating to the means actually used and whose charges will be taken into account until 31 December 1998 and settled before 31 December 1999.

2. During the maximum period of one year from the date of entry into force of this Order, the Mutuas shall take the necessary measures to ensure that they comply with the provisions of the second paragraph of Article 10.1 of this Order.

Second transient disposition.

Mutual occupational accidents and occupational diseases of occupational safety and occupational diseases which obtain the provisional accreditation to act as preventive services must be submitted within six months of the date of the the date of the first Programme of activities, in the terms laid down in Article 14 of this Order.

The Directorate-General for Social Security Management will agree to the delivery, in favour of the Mutual Labour and Occupational Safety Accident Mutuals who have obtained the provisional accreditation, with charge (a) to the 80 per 100 excess surplus referred to in Article 73 of the General Law on Social Security, of the amount resulting from the application of 500 pesetas for each worker protected by the Mutual Fund on the last day of the year 1996; the execution of the project which determined the provisional accreditation for its action as a Service of prevention, in accordance with the provisions of the additional provision of the Law on the Prevention of Occupational Risks.

Transitional provision third.

The Mutual Insurance and Occupational Accident and Occupational Diseases (WADs) may continue to develop until 31 December 1999, as activities covered by the coverage of the accident contingencies of the occupational diseases referred to in Chapter II of this Order, medical examinations of a general nature, provided that they are directed at the prevention of work-related diseases and with the risks of accidents, the workers may be exposed, except for those referred to in Article 196 of the General Law of Social Security and the ones of character prior to the subscription of the contract of employment.

Single repeal provision.

All provisions of equal or lower rank shall be repealed as opposed to the provisions of this Order.

Final disposition first.

i) the mutual benefit of the mutual benefit of the institution of the right of establishment, the right to the right of establishment and the right of the institution of the right of establishment; exercise for which they are accredited.

Final disposition second.

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

Madrid, 22 April 1997.

BOCANEGRA SANDS

Excmo. Mr Secretary of State for Social Security and Ilmos. Mr Deputy Secretary and Secretary-General for Employment.