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 aimed at ensuring that the use of equipment including display screens by workers does not result in risks to the safety and health of workers.

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 /270/EEC of 29 May lays down the minimum health and safety requirements for work with equipment which includes display screens. This Royal Decree provides for the transposition into Spanish law of the content of Directive 90 /270/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 use by workers of equipment that include display screens.

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.

3. They are excluded from the scope of this Royal Decree:

(a) The driving positions of vehicles or machines.

b) Computer systems shipped on a means of transport.

c) Computer systems primarily intended to be used by the public.

d) Systems called laptops, as long as they are not used continuously in a job.

e) Calculators, cash registers and all equipment that have a small data display device or measures necessary for the direct use of such equipment.

f) The classic design typewriters, known as window machines.

Article 2. Definitions.

For the purposes of this Royal Decree:

a) Display screen: an alphanumeric or graphic display, regardless of the visual rendering method used.

(b) Job position: that consisting of a display screen equipped with, where appropriate, a keyboard or data acquisition device, of a programme for the personal/machine interconnection, of office accessories and a seat and table or work surface, as well as the immediate working environment.

c) Worker: any worker who habitually and during a relevant part of their normal work uses a display screen equipment.

Article 3. General obligations of the employer.

1. The employer shall take the necessary measures to ensure that the use by workers of equipment with display screens does not pose a risk to their safety or health or, if this is not possible, to reduce the risk to the minimum.

In any event, the positions referred to in this Royal Decree shall comply with the minimum requirements set out in the Annex to this Royal Decree.

2. For the purposes of the first subparagraph of the preceding paragraph, the employer shall assess the risks to the safety and health of workers, taking into account in particular the possible risks to the physical and mental load, as well as the possible added or combined effect of the same.

The assessment shall be carried out taking into account the characteristics of the job and the requirements of the task and among them, in particular, the following:

a) The average daily utilization time of the equipment.

b) The maximum time of attention continues to the screen required by the usual task.

c) The degree of attention required by that task.

3. If the assessment shows that the use by the workers of equipment with display screens is or may pose a risk to their safety or health, the employer shall take the necessary technical or organisational measures for the purposes of the assessment. eliminate or reduce the risk to the minimum possible. In particular, it will have to reduce the maximum duration of the continuous work on screen, organizing the daily activity so that this task will be altered with others or by establishing the necessary pauses when the alternation of tasks is not possible or not sufficient to reduce the risk sufficiently.

4. The periodicity, duration and conditions of organisation of the changes in activity and breaks referred to in the preceding paragraph may be agreed in collective agreements.

Article 4. Health surveillance.

1. The employer shall ensure the right of workers to adequate supervision of their health, taking into account in particular the risks to the physical and mental problems and problems, the possible added or combined effect of such risks, and the possible accompanying pathology. Such surveillance shall be carried out by competent health personnel and 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, which is why the regulation of preventive services is adopted. Such surveillance shall be offered to workers on the following occasions:

a) Before you begin working with a display screen.

b) Subsequently, with a frequency adjusted to the level of risk in the judgment of the responsible physician.

c) When any disorders appear that could be caused by this type of job.

2. Where the results of the health surveillance referred to in paragraph 1 make it necessary, workers shall be entitled to an eye examination.

3. The employer shall provide, free of charge, special corrective measures for the protection of the view appropriate to the work with the equipment concerned, if the results of the health surveillance referred to in this Article Previous sections demonstrate their need and normal corrective devices cannot be used.

Article 5. Reporting and training obligations.

1. 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 risks arising from the risk of the use of equipment which includes display screens, as well as the prevention and protection measures to be taken pursuant to this Royal Decree.

2. The employer must inform the workers about all aspects related to safety and health at his/her job and about the measures taken in accordance with the provisions of Articles 3 and 4 of this Royal Decree.

3. The employer must ensure that each worker receives appropriate training on the methods of use of the equipment with display screens, before starting this type of work and whenever the organisation of the job is modify significantly.

Article 6. 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 Law on the Prevention of Occupational Risks.

Single transient arrangement. Period of adaptation of equipment including display screens.

Teams that include display screens made available to workers in the company or working centre prior to the date of entry into force of this Royal Decree should be adjusted to the requirements set out in the Annex within 12 months of the date of entry into force.

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

The National Institute of Safety and Hygiene at Work, in accordance with the provisions of Article 5 (3) of Royal Decree 39/1997 of 17 January, approving the Regulation of the Prevention Services, develop and keep up to date a Technical Guide for the assessment and prevention of risks related to the use of equipment including display screens.

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; equipment that includes display screens.

Given in Madrid to April 14, 1997.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JAVIER ARENAS BOCANEGRA

ANNEX

Minimum Provisions

Preliminary observation: the obligations set out in this Annex shall be applied to achieve the objectives of this Royal Decree in so far as, on the one hand, the elements considered exist in the post of and, on the other hand, the requirements or intrinsic characteristics of the task do not object to it.

The methods or criteria referred to in Article 5 (3) of the Royal Decree of the Prevention Services shall be taken into account in the application of the provisions of this Annex.

1. Team

a) General observation.

The use of the equipment itself should not be a source of risk to workers.

b) Display.

The characters on the screen must be clearly defined and configured clearly, and have a sufficient dimension, having an appropriate space between the characters and the lines.

The screen image should be stable, without flashing, scintillating, or other forms of instability.

The screen terminal user must be able to easily adjust the brightness and contrast between the characters and the background of the screen, and easily adapt them to the environment conditions.

The screen should be oriented and inclined at will, with ease to accommodate the needs of the user.

An independent pedestal or a table-adjustable table may be used.

The screen must not have any reflexes or reverberations that might disturb the user.

c) Keyboard.

The keyboard must be tiltable and independent from the screen to allow the worker to adopt a comfortable posture that does not cause fatigue in the arms or hands.

There will need to be enough space in front of the keyboard so that the user can support the arms and hands.

The surface of the keyboard must be matte to avoid reflexes.

The keyboard layout and key features should tend to make it easier to use.

The key symbols must be sufficiently highlighted and readable from the normal working position.

d) Table or work surface.

The working table or surface must be low-reflective, have sufficient dimensions and allow for flexible placement of the display, keyboard, documents, and accessory material.

Document support must be stable and adjustable and placed in such a way as to minimize the uncomfortable movements of the head and the eyes.

Space should be sufficient to allow workers a comfortable position.

e) Work seat.

The working seat must be stable, providing the user with freedom of movement and providing a comfortable posture.

The height of the same must be adjustable.

The backup must be reclining and its height adjustable.

A footrest will be made available to those who want it.

2. Environment

a) Space.

The job position must have a sufficient dimension and be conditioned in such a way that there is sufficient space to allow for changes in posture and work movements.

b) Lighting.

General lighting and special lighting (work lamps), where necessary, must ensure adequate levels of illumination and adequate relations of luminance between the screen and its surroundings, in view of the account of the character of the job, the visual needs of the user, and the type of display used.

The conditioning of the workplace and the workplace, as well as the situation and the technical characteristics of the artificial light sources, must be coordinated in such a way as to avoid the glare and the annoying reflexes on the screen or other parts of the equipment.

c) Reflections and glare.

Jobs must be installed in such a way that light sources, such as windows and other openings, transparent or translucent partitions and light-coloured equipment or partitions do not cause glare. They do not produce any annoying reflexes on the screen.

The windows must be equipped with an appropriate and adjustable coverage device to attenuate the daylight that illuminates the job.

d) Noise.

The noise produced by the equipment installed in the workplace must be taken into account when designing the work, especially so that the attention and the word are not disturbed.

e) Heat.

Equipment installed in the workplace should not produce additional heat that may cause discomfort to workers.

f) Emissions.

All radiation, with the exception of the visible part of the electromagnetic spectrum, shall be reduced to negligible levels from the point of view of the protection of the safety and health of workers.

g) Humidity.

An acceptable humidity should be created and maintained.

3. Computer/person interconnection

For the elaboration, choice, purchase and modification of programs, as well as for the definition of tasks that require display screens, the entrepreneur will consider the following factors:

a) The program must be adapted to the task to be performed.

(b) The programme shall be easy to use and shall, where appropriate, be capable of being adapted to the level of knowledge and experience of the user; no quantitative or qualitative control device shall be used without workers have been informed and after consultation with their representatives.

c) Systems should provide workers with indications about their development.

d) Systems should display the information in a format and at a pace adapted to operators.

e) The principles of ergonomics should be applied in particular to the processing of information by the person.