Law 31/1995 of 8 November on the Prevention of Occupational Risks determines the basic body of guarantees and precise responsibilities to establish an adequate level of protection of workers ' health against the risks arising from working conditions, in the framework of a coherent, coordinated and effective policy. According to Article 6 of the Directive, the regulatory standards will be those which will be laid down and the most technical aspects of preventive measures.

Thus, it is the regulatory development rules that should set the minimum measures to be taken for the proper protection of workers. These include those designed to ensure that the manual handling of loads does not result in risks, particularly in the back, for workers.

Likewise, the International Labour Organization Convention number 127, ratified by Spain on March 6, 1969, contains provisions concerning the maximum weight of the cargo carried by a worker.

In the same sense, it must be borne in mind that, at the level of the European Union, the directives have set out general criteria for the safety and health measures in the centres of the European Union. as well as specific criteria for measures to protect against accidents and situations of risk. In particular, Directive 90 /269/EEC of 29 May lays down the minimum health and safety requirements for the manual handling of loads involving risks, in particular back to the back, for workers. This Royal Decree provides for the transposition into Spanish law of the content of Directive 90 /269/EEC, referred to above.

Under Article 6 of Law 31/1995 of 8 November on the Prevention of Occupational Risks, on the proposal of the Minister for Labour and Social Affairs, consulted by employers ' and trade unions more representative, heard by the National Committee on Safety and Health at Work, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 4 April 1997,

DISPONGO:

Article 1. Object.

1. This Royal Decree lays down the minimum health and safety requirements for the manual handling of loads involving risks, in particular back to the bar, for workers.

2. The provisions of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks shall be fully applied to the whole of the scope referred to in the previous paragraph.

Article 2. Definition.

For the purposes of this Royal Decree it is understood by manual handling of loads any operation of transport or attachment of a load by one or several workers, such as the lifting, the placing, the thrust, the traction or displacement, which due to its characteristics or inadequate ergonomie conditions involves risks, in particular back to the bar, for workers.

Article 3. General obligations of the employer.

1. The employer shall take the necessary technical or organisational measures to prevent the manual handling of the loads, in particular by using equipment for the mechanical handling of the loads, either automatically or controlled by the operator. the worker.

2. Where the need for manual handling of loads cannot be avoided, the employer shall take appropriate organisational measures, use appropriate means or provide workers with such means to reduce the risk involved. such handling. To this end, it shall assess the risks taking into account the factors set out in the Annex to this Royal Decree and its possible combined effects.

Article 4. Training and information obligations.

In accordance with Articles 18 and 19 of the Law on the Prevention of Occupational Risks, the employer must ensure that workers and workers ' representatives receive adequate training and information on the the risks arising from the manual handling of loads, as well as the prevention and protection measures to be taken pursuant to this Royal Decree.

In particular, it will provide workers with appropriate training and information on the correct way to manipulate the burdens and on the risks that they are not at risk of in such a way, taking into account the risk factors listed in the Annex to this Royal Decree. The information provided shall include general indications and details which are possible on the weight of the loads and, where the contents of a packaging are uncentred, on its centre of gravity or heavier side.

Article 5. Consultation and participation of workers.

The consultation and participation of workers or their representatives on the matters referred to in this Royal Decree shall be carried out in accordance with the provisions of Article 18 (2) of the Prevention Law. of Labor Risks.

Article 6. Health surveillance.

The employer shall ensure the right of workers to adequate supervision of their health when their usual activity involves manual handling of loads and some of the elements or factors referred to in the Annex. Such surveillance shall be carried out by competent health personnel, as determined by the health authorities in the guidelines and protocols to be drawn up, in accordance with Article 37 (3) of Royal Decree 39/1997 of 17 December 1997. January, for which the Prevention Services Regulations are approved.

Single repeal provision. Regulatory repeal.

The Decree of the Ministry of Labour of 15 November 1935, which prohibits the use of sacks or bales of more than 80 kilograms whose transport, loading or unloading is to be made on an arm, and the Order of the Ministry of Labour of 2 June 1961 on the prohibition of arm loads exceeding 80 kilograms.

Final disposition first. Preparation of the Technical Guide for Risk Assessment and Prevention.

The National Institute for Safety and Hygiene at Work will develop and keep up to date a Technical Guide for the assessment and prevention of risks related to manual handling of loads. This Guide shall be considered as the maximum load values as a reference for manual handling under appropriate safety and health conditions, as well as the corrective factors according to the individual characteristics, the load and the form and frequency of manual handling.

Final disposition second. Regulatory enablement.

The Minister of Labor and Social Affairs is authorized to issue, prior to the report of the National Commission on Safety and Health at Work, the necessary provisions for the development of this Royal Decree and, specifically, for to amend the Annex thereto for adaptations of a strictly technical nature in the light of technical progress, changes in international standards or specifications or knowledge in the field of technical progress; manual handling of loads.

Given in Madrid to April 14, 1997.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JAVIER ARENAS BOCANEGRA

ANNEX

Risk factors referred to in Articles 3.2 and 4

In the application of the provisions of this Annex, account shall be taken, where appropriate, of the methods or criteria referred to in Article 5 (3) of Royal Decree 39/1997 of 17 January 1997 approving the Regulation of the Prevention Services.

1. Characteristics of the load.

Manual handling of a load may present a risk, particularly dorsolumbar, in the following cases:

When the load is too heavy or too large.

When it is bulky or difficult to hold.

When you are in unstable balance or your content runs the risk of getting around.

When placed in such a way that it must be sustained or manipulated at distance from the trunk or with torsion or inclination thereof.

When the load, due to its exterior appearance or consistency, can cause injury to the worker, particularly in case of a stroke.

2. Physical effort required.

A physical effort can involve a risk, particularly dorsolumbar, in the following cases:

When it is too important.

When it can be done only by a twisting or bending movement of the trunk.

When it can lead to a sudden movement of the load.

When performed while the body is in unstable position.

When the load is raised or lowered with the need to modify the grip.

3. Characteristics of the working environment.

The characteristics of the working environment may increase the risk, particularly dorsolumbar, in the following cases:

When the free space, especially vertical, is insufficient for the exercise of the activity in question.

When the soil is irregular and therefore can lead to a trip or is slippery for the footwear that the worker wears.

When the situation or the working environment does not allow the worker to manually manipulate loads at a safe height and in a correct posture.

When the floor or the work plane has delevels that involve handling the load at different levels.

When the floor or the support point is unstable.

When the air temperature, humidity, or circulation are inadequate.

When the lighting is not appropriate.

When there is vibration exposure.

4. Requirements of the activity.

The activity may involve risk, particularly dorsolumbar, when it involves one or more of the following requirements:

Physical efforts too frequent or prolonged in which the spine is particularly involved.

Insufficient period of physiological or recovery rest.

Too large distances of lift, drop, or transport.

A rate imposed by a process that the worker cannot modulate.

5. Individual risk factors.

They constitute individual risk factors:

The lack of physical fitness to perform the tasks in question.

The inadequacy of clothing, footwear, or other personal effects that the worker carries.

The inadequacy or inadequacy of knowledge or training.

The previous existence of dorsolumbar pathology.