Law 31/1995 of 8 November, has come to give a new approach, already announced in its preamble, to the prevention of occupational risks, which in the new legal conception is not limited to a set of obligations Business compliance or the sub-healing of risk situations already manifested, but is integrated into the company's set of activities and decisions, which it forms part of from the very beginning of the business project.

The new perspective of prevention is thus articulated around the planning of prevention based on the initial assessment of the risks inherent in the work, and the consequent adoption of appropriate measures to the nature of the detected risks.

The need for such phases or aspects to be treated specifically by the appropriate regulatory pathway is provided for in Article 6 of the Law on the Prevention of Occupational Risks, under the terms of paragraph 1 (d) and (e) thereof, The government will proceed to the regulation, through the corresponding regulatory standard, of the procedures for evaluating the risks to the health of the workers and the modalities of organization, operation and control of the services of prevention, as well as the capabilities and skills to be met by such services and the workers designated to carry out preventive activity, which is already covered by Directive 89 /391/EEC.

In compliance with the legal mandate, this Royal Decree responds, in which the treatment of those aspects that make possible the prevention of occupational risks, from its new perspective, as an integrated activity, is the subject of treatment. in all the actions of the undertaking and at all the hierarchical levels of the undertaking, on the basis of a planning which includes the technique, the organisation and the working conditions, which is chaired by the same principles of effectiveness, coordination and participation that inform the Law.

It is therefore addressed first of all the risk assessment, as a starting point which can lead to the planning of the preventive activity that is necessary, through some of the modalities of organization that, according to Article 31 of the Law, they are regulated in this provision, depending on the size of the company and the risks or the danger of the activities carried out therein.

The suitability of the preventive activity which, as a result of the assessment, is to be adopted by the employer, is ensured through the double mechanism provided for in this provision: on the one hand, the accreditation by the the work authority of the external prevention services, as a means of ensuring the adequacy of their means to the activities to be carried out and, of the other, the external audit or evaluation of the prevention system, when this activity is assumed by the entrepreneur with his own means.

In relation to the skills or abilities required for the development of preventive activity, this provision is part of the necessary adequacy between the required training and the functions to be developed, establishing the minimum training required for the performance of the functions of preventive activity, which are grouped into three levels: basic, intermediate and higher, in the last of which are included the specialties and preventive disciplines of occupational health, safety at work, industrial hygiene and ergonomics and applied psychosociology. The current lack of academic or professional qualifications corresponding to the training levels mentioned, except as regards the speciality of occupational medicine, is provided for in this Royal Decree, which provides for the Transitional possibility of alternative accreditation of the required training, until the corresponding qualifications are determined by the competent authorities in the field of education.

In its virtue, on the proposal of the Minister of Labor and Social Affairs, heard the National Commission on Safety and Health at Work, consulted the trade union organizations and most representative business associations, prior to approval of the Minister of Public Administration, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 17 January 1997.

DISPONGO:

CHAPTER I

General provisions

Article 1. Integration of preventive activity.

1. The prevention of occupational risks, as a means of developing within the company, must be integrated in all its activities and decisions, both in the technical processes, in the organization of work and in the conditions in which it is is provided, as in the company's hierarchical line, including all levels of the enterprise.

The integration of prevention at all hierarchical levels of the company implies the attribution to all of them and the assumption by them of the obligation to include the prevention of risks in any activity they perform or order and in all decisions that you make.

2. Workers shall have the right to participate in the terms set out in Chapter V of the Law on the Prevention of Occupational Risks in the design, adoption and enforcement of preventive measures.

Such participation includes consultation on the assessment of risks and the consequent planning and organisation of preventive activity, where appropriate, as well as access to the relevant documentation, in the terms referred to in Articles 33 and 36 of the Law on the Prevention of Occupational Risks.

Article 2. Company action in the field of risk prevention.

1. The establishment of an integrated risk prevention action in the enterprise involves the implementation of a risk prevention plan which includes the organisational structure, the definition of functions, the practices, the procedures, the processes and the resources required to perform such an action.

2. The implementation of any preventive action requires, first of all, the knowledge of the conditions of each of the jobs, to identify and avoid the risks and to evaluate those that cannot be avoided.

3. On the basis of the results of the risk assessment, the employer shall plan the preventive activity, the need of which, where appropriate, is apparent.

4. The preventive activity of the employer will be carried out through some of the modalities provided for in Chapter III of this Royal Decree.

CHAPTER II

Assessment of the risks and planning of preventive activity

SECTION 1. RISK ASSESSMENT

Article 3. Definition.

1. The evaluation of occupational risks is the process aimed at estimating the magnitude of those risks that could not be avoided, obtaining the necessary information so that the employer is in a position to make an appropriate decision on the the need to take preventive measures and, if so, on the type of measures to be taken.

When the adoption of preventive measures is necessary, the situations in which it is necessary should be clearly stated:

(a) Eliminate or reduce risk, by means of prevention measures at source, organizational, collective protection, individual protection, or training and information to workers.

b) Regularly control the conditions, organization and working methods and health status of workers.

2. In accordance with Article 33 of the Law on the Prevention of Occupational Risks, the employer shall consult the representatives of the employees, or the workers themselves in the absence of representatives, on the procedure for the evaluation to be used in the company or job center.

Article 4. Overall content of the assessment.

1. The initial assessment of the risks that could not be avoided shall be extended to each of the positions of the undertaking in which those risks are met.

To do this, they will be considered:

(a) Existing or planned working conditions as defined in Article 4 (7) of the Law on the Prevention of Occupational Risks.

(b) The possibility that the worker who occupies or will occupy him is particularly sensitive, due to his or her personal characteristics or known biological status, to any of these conditions.

2. From that initial assessment, the jobs that may be affected by the following shall be re-evaluated:

(a) The choice of work equipment, chemicals or chemical preparations, the introduction of new technologies or modification in the conditioning of workplaces.

b) The change in working conditions.

c) The incorporation of a worker whose personal characteristics or known biological status make him particularly sensitive to the position of the worker.

3. The risk assessment shall be carried out by means of the intervention of competent personnel, in accordance with the provisions of Chapter VI of this Standard.

Article 5. Procedure.

1. From the information obtained on the organization, characteristics and complexity of the work, on the raw materials and the existing work equipment in the company and on the state of health of the workers, will proceed to the the identification of the hazardous elements and the identification of the workers exposed to them, and then assess the risk on the basis of objective assessment criteria, in accordance with existing technical knowledge; or agreed with the workers, so that a conclusion can be reached on the need to avoid or control and reduce risk.

For the purposes set out in the preceding paragraph, account shall be taken of the information received from workers on the aspects identified.

2. The evaluation procedure used shall provide confidence in its outcome. In case of doubt, the most favourable preventive measures should be taken, from the point of view of prevention.

The assessment shall include the performance of the measurements, analyses or tests deemed necessary, except in the case of operations, activities or processes in which the direct accredited professional assessment makes it possible to arrive at to a conclusion without the need for recourse to those, provided that the provisions of the preceding paragraph are complied with.

In any case, if there are specific implementing rules, the assessment procedure must comply with the specific conditions laid down in the application.

3. Where the assessment requires measurement, analysis or testing and the rules do not indicate or specify the methods to be used, or where the assessment criteria referred to in that legislation are to be interpreted or specified in the the light of other criteria of a technical nature may be used, if any, the methods or criteria set out in:

a) UNE Rules.

b) Guides of the National Institute of Safety and Hygiene at Work, the National Institute of Silicosis and protocols and guidelines of the Ministry of Health and Consumer Affairs, as well as the competent institutions of the Autonomous Communities.

c) International standards.

(d) In the absence of the foregoing, guides of other entities of recognized prestige in the field or other professional methods or criteria described in the document that comply with the first subparagraph of paragraph 2 of this Article provide an equivalent level of trust.

Article 6. Review.

1. The initial assessment referred to in Article 4 shall be reviewed where a specific provision so provides.

In any case, the assessment of those affected jobs should be reviewed when damage to the health of workers has been detected or has been appreciated through regular checks, including those relating to health surveillance, which prevention activities may be inadequate or insufficient. This will take into account the results of:

a) The investigation into the causes of the health damage that have occurred.

(b) Activities for the reduction of the risks referred to in Article 3 (1) (a).

(c) Activities for the control of the risks referred to in Article 3 (1) (b).

d) The analysis of the epidemiological situation according to data provided by the health information system or other available sources.

2. Without prejudice to the above paragraph, the initial assessment shall also be reviewed at the intervals agreed between the undertaking and the representatives of the employees, taking into account, in particular, the deterioration of the time of the elements that integrate the production process.

Article 7. Documentation.

In the documentation referred to in Article 23 (1) (a) of the Law on the Prevention of Occupational Risks, it must be reflected, for each job whose assessment shows the need for take some preventive measure, the following data:

a) The job identification of the job.

b) The existing risk or risks and the relationship of affected workers.

(c) The result of the assessment and the preventive measures taken, taking into account the provisions of Article 3.

(d) The reference of the assessment criteria and procedures and the methods of measurement, analysis or test used, in cases where the provisions of Article 5 (3) are applicable.

SECTION 2. PLANNING FOR PREVENTIVE ACTIVITY

Article 8. Need for the schedule.

When the outcome of the assessment reveals risk situations, the employer shall plan the preventive activity to be carried out in order to eliminate or control and reduce such risks, in accordance with an order of priorities according to their size and number of workers exposed to them.

In the planning of this preventive activity, account shall be taken of the existence, where appropriate, of legal provisions relating to specific risks, as well as the principles of preventive action referred to in Article 15 of the Labor Risk Prevention Act.

Article 9. Content.

1. The planning of the preventive activity shall in any case include the human and material resources necessary, as well as the allocation of the precise economic resources for the achievement of the proposed objectives.

2. Similarly, the emergency measures and health surveillance provided for in Articles 20 and 22 of the Law on the Prevention of Occupational Risks, as well as information and information, must be integrated into the planning of preventive activity. the training of workers in preventive matters and the coordination of all these aspects.

3. Preventive activity should be planned for a specified period, establishing the phases and priorities of their development according to the magnitude of the risks and the number of workers exposed to them, as well as their monitoring and periodic control. In the case where the period in which the preventive activity is carried out is more than one year, an annual activity programme shall be established.

CHAPTER III

Organization of resources for preventive activities

Article 10. Embodiments.

1. The organisation of the resources necessary for the development of preventive activities shall be carried out by the employer in any of the following

:

a) Personally assuming such activity.

b) Designating one or more workers to perform it.

c) Constituting a self-prevention service.

d) Recurring to a foreign prevention service.

2. In the terms of Chapter IV of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, the same prevention service shall mean the set of human and material resources of the undertaking necessary for the performance of the work. the prevention activities, and for the prevention service, the one provided by a specialized entity that has the company to carry out the prevention activities, the advice and support that it requires according to the types of risks or both actions together.

3. Prevention services shall have an interdisciplinary nature, understanding as such the coordinated combination of two or more technical or scientific disciplines in the field of occupational risk prevention.

Article 11. Personal assumption by the employer of the preventive activity.

1. The employer may personally carry out the prevention activity, with the exception of activities relating to the supervision of the health of workers, where the following conditions are met:

a) That is a business of less than six workers.

b) That the activities developed in the company are not included in Annex I.

c) That you normally develop your professional activity in the job center.

d) That has the capacity corresponding to the preventive functions to be developed, in accordance with the provisions of Chapter VI.

2. The supervision of the health of workers, as well as other preventive activities not taken personally by the employer, must be covered by recourse to one of the other forms of preventive organization provided for in the this chapter.

Article 12. Designation of workers.

1. The employer shall appoint one or more employees to take care of the preventive activity in the undertaking.

Preventive activities for which the designation of one or more workers is not sufficient shall be developed through one or more own or other prevention services.

2. By way of derogation from the above paragraph, the designation of workers shall not be compulsory where the employer:

(a) You have personally assumed the preventive activity in accordance with the provisions of Article 11.

b) You have resorted to a prevention service of your own.

c) You have turned to an alien prevention service.

Article 13. Capacity and means of designated workers.

1. For the development of preventive activity, designated workers shall have the capacity corresponding to the functions to be performed, in accordance with the provisions of Chapter VI.

2. The number of designated workers, as well as the means the employer makes available to him and the time available to him for the performance of his/her activity, must be the means necessary for the proper development of his/her duties.

Article 14. Own prevention service.

The employer must be a self-prevention service when any of the following cases are present:

(a) For companies with more than 500 employees.

b) That, in the case of companies of between 250 and 500 employees, they develop some of the activities listed in Annex I.

(c) Which, in the case of undertakings not covered by the preceding paragraphs, is decided by the labour authority, after a report by the Labour and Social Security Inspectorate and, where appropriate, of the technical bodies in the field of preventive action, the Autonomous Communities, depending on the danger of the activity carried out or the frequency or severity of the accident at the undertaking, unless the concert is chosen with a specialised entity outside the undertaking in accordance with the the provisions of Article 16 of this provision.

Taking into account existing circumstances, the resolution of the labour authority will set a time limit of no more than one year, so that, in the event of an option for a preventive service, the company will provide it with that period. Until the date specified in the resolution, the preventive activities in the undertaking must be concerted with a specialised entity outside the company, except for those which are gradually taken over by the company through the designation of workers, until full integration into the preventive service to be provided.

Article 15. Organisation and means of own prevention services.

1. The own prevention service shall constitute a specific organisational unit and its members shall exclusively dedicate their business in the enterprise to the purpose of the same.

2. Own prevention services shall have the facilities and the human and material resources necessary for the performance of the preventive activities to be carried out in the undertaking.

The prevention service shall have at least two of the preventive disciplines or disciplines provided for in Article 34 of this provision, developed by experts with the required training for the functions to be performed, as set out in Chapter VI. These experts shall act in a coordinated manner, in particular in relation to the tasks relating to the preventive design of the jobs, the identification and assessment of the risks, the prevention plans and the training plans of the workers. It shall also have the necessary personnel to have the training required to carry out the functions of the basic and intermediate levels provided for in Chapter VI.

Without prejudice to the necessary coordination referred to in the preceding paragraph, the health activity, if any, shall count for the development of its function within the prevention service with the appropriate structure and means. to their specific nature and the confidentiality of personal medical data, having to comply with the requirements laid down in the health rules of application. Such health activity shall include the specific functions referred to in Article 37 (3) of this provision, the activities attributed to it by the General Health Law and those other than in the field of risk prevention. work for you according to your expertise.

The activities of the prevention service members shall be coordinated in accordance with existing protocols or other means to establish the objectives, procedures and competences in each case.

3. Where the scope of the prevention service is extended to more than one working centre, account must be taken of the situation of the various centres in relation to the location of the service in order to ensure the adequacy of the means of such service to existing risks.

4. Preventive activities that are not undertaken through the own prevention service must be concerted with one or more other prevention services.

5. The undertaking shall draw up annually and keep at the disposal of the competent labour and health authorities the annual memory and programming of the prevention service referred to in Article 39 (2) (d) of the Law of Prevention of Occupational Risks.

Article 16. Non-foreign prevention services.

1. The employer shall have recourse to one or more other prevention services, which shall cooperate with each other where necessary, where one of the following conditions is present:

(a) That the designation of one or more workers is insufficient for the performance of the prevention activity and the circumstances that determine the obligation to constitute a preventive service are not present.

(b) That in the case referred to in paragraph (c) of Article 14, the constitution of a preventive service has not been chosen.

(c) A partial assumption of the preventive activity has occurred in the terms of Article 11 (2) and in Article 15 (4) of this provision.

2. In accordance with the provisions of Article 33 (1) of the Law on the Prevention of Occupational Risks, workers ' representatives must be consulted by the employer prior to the adoption of the decision to make a decision on preventive activity with one or more other prevention services.

Article 17. Requirements for specialised entities to be able to act as prevention services.

Specialized entities that meet the following requirements may act as prevention services:

a) Dispose of the organization, facilities, personnel and equipment necessary for the performance of your activity.

b) Constitute a guarantee that covers its eventual liability.

(c) Not to maintain with the undertakings concerted commercial, financial or any other type of undertakings, other than those of their action as a preventive service, which may affect their independence and influence the result of their activities, without prejudice to the provisions of Article 22.

d) Get the approval of the Health Administration, in terms of health aspects.

e) To be accredited by the Labor Administration.

Article 18. Material and human resources of specialised entities acting as preventive services.

1. Specialised entities acting as preventive services shall have the facilities and the material and human resources to enable them to adequately develop the preventive activity which they have undertaken, taking into account the type, extent and frequency of the preventive services to be provided and the location of the work centres in which the provision is to be developed.

2. In any event, such entities shall have at least the following means:

(a) Personnel having the qualification required for the performance of the higher level functions, in accordance with the provisions of Chapter VI, in numbers not less than one expert for each of the specialties or Preventive disciplines of Work Medicine, Safety at Work, Industrial Hygiene, and Ergonomics and Psychosociology applied. They shall also have the necessary personnel to have the training required to carry out the functions of the basic and intermediate levels provided for in Chapter VI, in the light of the characteristics of the undertakings covered by the service.

Experts in the above mentioned specialties will act in a coordinated manner, in particular in relation to the functions related to the preventive design of the jobs, the identification and assessment of the risks, the prevention plans and plans for the training of workers.

(b) The facilities and instrumentation necessary to carry out the tests, examinations, measurements, analyses and evaluations that are customary in the practice of the above mentioned specialties, as well as for the development of the activities basic training and dissemination.

3. Without prejudice to the necessary coordination referred to in paragraph 2 of this Article, the health activity shall count for the development of its function within the preventive service with the structure and means appropriate to its specific nature and the confidentiality of personal medical data.

4. The labour authority, after having informed the health authorities of the health aspects, may exempt from compliance with any of the conditions referred to in paragraph 2 (a) at the request of the Member States. (a) on the basis of the type of undertakings to which it extends its scope and the risks existing therein, provided that its inter-disciplinary action in relation to those undertakings is sufficiently ensured.

Article 19. Functions of specialised entities acting as preventive services.

Specialized entities acting as preventive services shall directly assume the development of the functions referred to in Article 31 (3) of the Law on the Prevention of Labor Risks that would have occurred. (a) the organization of the activities of the company and at all the hierarchical levels of the company, without prejudice to the possibility of subcontracting the services of other professionals or entities where it is necessary for the performance of activities requiring special knowledge or Highly complex installations.

Article 20. Concert of preventive activity.

1. Where the employer chooses to carry out the preventive activity through one or more non-enterprise prevention services, the employer must make the provision in writing, and the following points should be included:

a) Identification of the specialized entity that acts as a prevention service to the company.

b) Identification of the target company of the activity, as well as of the job centres of the activity to which the activity is contracted.

c) Aspects of the preventive activity to be developed in the company, specifying the specific actions, as well as the means to carry them out.

d) Activity of workers ' health surveillance, if any.

e) Duration of the concert.

f) Economic conditions of the concert.

2. Specialised entities acting as preventive services shall keep at the disposal of the competent labour and health authorities an annual report which shall include separately the undertakings or centres of work to which the services have been provided during that period, indicating in each case the nature of such services.

Similarly, they should provide companies for which the annual memory and programming referred to in Article 39 (2) (d) of the Law on the Prevention of Labor Risks to be acted as prevention services. that it may be known to the Committee on Safety and Health in accordance with the terms set out in that Article.

Article 21. Joint prevention services.

1. Joint prevention services may be set up between undertakings which simultaneously develop activities in the same centre of work, building or commercial centre, provided that the service and efficiency of the service is ensured in the terms provided for in Article 15 (3) of this provision.

By collective bargaining or by means of the agreements referred to in Article 83 (3) of the Staff Regulations, or, failing that, by decision of the undertakings concerned, the constitution of the Workers ' (a) the provision of joint prevention services between undertakings belonging to the same production sector or group of undertakings or who develop their activities in an industrial estate or limited geographical area.

2. In the agreement on the establishment of the joint service, which must be adopted after consultation of the legal representatives of the employees of each of the undertakings concerned in the terms laid down in Article 33 of the Law on the Prevention of Occupational risks shall be expressly stated in the minimum conditions under which such a preventive service is to be carried out.

3. Such services, whether or not they have a differentiated legal personality, shall be regarded as services of the undertakings which constitute them and shall have the means required for those undertakings, the other requirements of which shall also be those of which they are required. application.

4. The preventive activity of the joint services will be limited to the participating companies.

5. The joint prevention service shall have at the disposal of the labour authority the information relating to the undertakings which constitute it and the extent to which it is involved.

Article 22. Action of the Mutual and Occupational Accidents of Occupational Safety and Occupational Diseases as prevention services.

The actions of the Mutual Accident of Work and Occupational Diseases of Social Security as prevention services will be developed under the same conditions as those applicable to the non-foreign prevention services, taking into account the requirements contained in the specific legislation applicable to those entities.

CHAPTER IV

Accreditation of specialized entities as non-business prevention services

Article 23. Request for accreditation.

Specialized entities that intend to be accredited as preventive services must make an application to the competent authority of the place where they radiate their main installations, accompanying their request a project where the following ends are stated:

a) Aspects of the preventive activity you intend to perform, specifying the types of activity that you have the ability to develop.

b) Territorial and professional activity in which it intends to act, as well as forecasting the number of companies and the volume of workers in which it has the capacity to extend its preventive activity.

(c) Personnel allocation checks for the performance of the preventive activity, indicating their professional qualifications and dedication, as well as the facilities and instrumental means and their respective location.

d) Commitment to take out an insurance policy covering its liability, for a minimum amount of 200 million pesetas, annually updated in line with the evolution of the consumer price index, without this amount constitutes the limit of the responsibility of the service.

e) Specialized activities which, if any, are intended to be contracted with other entities.

Article 24. Competent authority.

1. It shall be the competent labour authority to hear applications for accreditation issued by specialised entities seeking to act as preventive services for the competent authority of the Autonomous Community which has received the a corresponding transfer of services or, failing that, the Provincial Directorate of Labour and Social Affairs of the province where they radiate their main installations.

2. The accreditation granted shall be valid for the entire State, in accordance with the coordination criteria established by the National Commission on Safety and Health at Work.

Article 25. Provisional approval.

1. In receipt of the application and the project referred to in Article 23, the labour authority shall send a copy to the competent health authority of the place where the main premises of the specialised institution are located, for the purposes laid down in the Article 31 (5) of Law 31/1995 of 8 November on the Prevention of Occupational Risks. The health authority shall inform the working authority of its decision on the approval of the project as regards the health requirements.

2. At the same time, it will request a report from the technical bodies on preventive matters of the Autonomous Communities or, where appropriate, the National Institute of Safety and Hygiene at Work, as well as those it deems necessary for the aspects not referred to in the previous paragraph.

3. The employment authority shall, in the light of the decision of the health authority and the reports issued, give a decision within three months from the date of entry of the application into the register of the competent administrative body, authorising provisionally or by refusing the request made. After that time limit, without any express resolution, the request may be deemed to be dismissed.

4. The decision referred to in the preceding paragraph, which shall be provisionally authorised, shall be final when the specialised entity, at the time of making the application, accredits the actual implementation of the project in the terms specified in the next item.

5. An ordinary appeal may be brought against the express or presumed decision of the employment authority within one month before the relevant hierarchical higher body.

Article 26. Accreditation.

1. The effectiveness of the judgment of the labour authority shall be subject to the effective implementation of the project by the requesting entity.

To this end, that entity shall communicate the completion of the project to the labour authority within three months from the date of notification of the estimate, indicating the following information: and documents:

a) Tax identification number and social security contribution code.

(b) Contracts of staff, with an indication of their duration, professional qualifications and dedication.

c) Situation of their facilities, as well as instrumental means.

d) Contracured insurance policy.

(e) Contracts or agreements established, where appropriate, with other entities for the performance of certain types of specialised activities.

2. After the period of three months without the institution having communicated to the labour authority the completion of the project, the provisional authorisation shall be deemed to be expired.

3. Having received the communication on the implementation of the project, the labour authority shall send a copy to the competent health authority, the Labour Inspectorate and the Social Security Inspectorate, to the technical bodies in the field of preventive action of the Communities. Autonomous and to those other who have issued a report, for the purpose of checking the concurrency of the requirements foreseen in the project.

When the applicant entities have facilities or means located in more than one province or Autonomous Community, the competent labour authority to resolve shall collect the reports referred to in the preceding paragraph through of the respective competent authorities of those provinces or Autonomous Communities.

4. The labour authority, in the light of the decision of the health authority and the reports issued, shall decide to ratify or rectify the provisional authorisation within three months from the date of the communication on the implementation of the project. That period shall be extended to six months in the case referred to in the second subparagraph of the preceding paragraph.

After such time-limits without any express resolution, the provisional authorisation shall be deemed to be ratified.

Against the express or presumed resolution of the labour authority, the interposition of the appeal provided for in paragraph 5 of the previous article.

5. Specialised entities may develop their activity as a preventive service once accreditation has been obtained through the ratification of the provisional authorisation.

Article 27. Maintenance of the conditions of accreditation.

1. Specialised entities shall maintain the conditions under which their accreditation is based as prevention services. Any modification of the same shall be communicated to the working authority which granted it.

2. The labour and health authorities may, in the field of their competence, verify compliance with the conditions required for the development of the activities of the service, by communicating to the labour authority which granted the accreditation. deficiencies detected on the basis of such verifications.

3. If, as a result of the checks carried out, either directly or through the communications referred to in the preceding paragraph, the labour authority which granted the accreditation shall verify the non-compliance with the requirements which it has determined. That may terminate the accreditation granted.

Article 28. Record.

1. In the competent bodies of the Autonomous Communities, which have received the corresponding transfers of services, or, failing that, of the General Administration of the State, a register shall be created in which the entities shall be registered. which have been authorised as a preventive service, as well as the persons or specialised entities to which authorisation has been granted for the purpose of carrying out audits or assessments of the prevention systems in accordance with the provisions of this Regulation. set out in Chapter V of this provision.

The bodies referred to in the preceding paragraph shall send to the Directorate-General for Work and Migration of the Ministry of Labour and Social Affairs within eight working days, a copy of any seat practised in their respective records.

The records of the relevant administrations in this field will be intercommunicated in order to be able to have all the information they contain.

2. If automated treatment of health data or other personal data is carried out, it must be done in accordance with the Organic Law 5/1992 of 29 October.

CHAPTER V

Audits

Article 29. Scope of application.

1. External audits or evaluations shall be mandatory in the terms set out in this Chapter where, as a consequence of the risk assessment, undertakings have to develop preventive activities to prevent or reduce the risk of risks arising from work.

2. Undertakings which have not concluded the prevention service with a specialised entity shall subject their prevention system to the control of an external audit or evaluation.

This audit should be repeated every five years, or when required by the labour authority, after the report of the Labour and Social Security Inspectorate and, where appropriate, of the technical bodies in the field of preventive action. Autonomous Communities, in the light of claims data or other circumstances that show the need to review the results of the last audit.

3. For the purposes referred to in the preceding paragraph, undertakings of up to six workers whose activities are not included in Annex I, in which the employer has personally assumed the functions of prevention or has designated one or more workers to carry them out and in which the effectiveness of the preventive system is evident without the need to use an audit for the limited number of workers and the low complexity of the preventive activities, it will be considered who have complied with the audit obligation when they complete and refer to the labour authority a notification on the concurrency of the conditions which do not require recourse to the same model as set out in Annex II, and the labour authority has not implemented the provisions of paragraph 4 of this Article.

The labour authority will register and order, in accordance with the activities of the companies, its notifications and will provide a comprehensive information on the companies concerned to the institutions of institutional participation in the security and health.

4. Taking into account the notification provided for in the preceding paragraph, the documentation provided for in Article 7 and the individual situation of the undertaking, in the light of the claims data of the undertaking or the sector, of information or of other circumstances which show the danger of the activities carried out or the inadequacy of the prevention system, the labour authority, after the inspection of the Labour and Social Security Inspectorate and, where appropriate, of the bodies (a) technical assistance for the Autonomous Communities may require the implementation of a audit of the undertakings referred to in paragraph 2 in accordance with paragraph 2.

Article 30. Concept and objectives.

The audit, as a management tool to include a systematic, documented and objective assessment of the effectiveness of the prevention system, must be carried out in accordance with the technical standards established or capable of establishing and taking into account the information received from workers, and shall have as their objectives:

a) Check how the initial and periodic risk assessment has been performed, analyze their results and verify them, if in doubt.

b) Check that the type and planning of preventive activities is in line with the provisions of the general rules, as well as the rules on specific risks that are applicable, taking into account the results of the assessment.

(c) Analyze the adequacy of the procedures and means required to carry out the preventive activities referred to in the preceding paragraph and the resources available to the employer, whether or not they are agreed, taking into account, in addition, the way they are organized or coordinated, if any.

Article 31. Documentation.

The results of the audit should be reflected in a report that the audited company will have to keep available to the competent labour authority and workers ' representatives.

Article 32. Requirements.

1. The audit shall be carried out by natural or legal persons who also have sufficient knowledge of the subjects and technical aspects which are the subject of the audit and have the appropriate means to do so.

2. Natural or legal persons carrying out the audit of a company's prevention system shall not be able to maintain with the same commercial, financial or any other type of link, other than their performance as auditors, which may affect their independence or influence the outcome of their activities.

Similarly, such persons may not perform for the same or different undertaking activities as a specialized entity to act as a preventive service, nor to maintain with these last commercial linkages, financial or any other type other than the audit itself as a company to develop the prevention activities within it.

3. Where the complexity of the verifications to be carried out makes it necessary, the persons or entities responsible for carrying out the audit may use other professionals who have the necessary knowledge, means and facilities for the audit. realization of those.

Article 33. Authorization.

1. Persons or specialised entities intending to carry out the audit activity of the prevention system shall have the authority of the competent authority of the place where they radiate their main premises, prior to application to it, which shall contain the provisions referred to in paragraph (c) of Article 23.

2. The employment authority, prior to any reports it deems appropriate, shall give a decision authorizing or rejecting the request made within three months from the entry of the application in the Register of the competent administrative body. After that time limit, without any express resolution, the request may be deemed to be dismissed.

The final judgment of the labour authority shall be provisional, subject to its effectiveness in the final authorisation, subject to accreditation of compliance with the provisions referred to in paragraph 1.

3. The procedure laid down for the accreditation in Article 26 of this provision and the procedure laid down in Article 27 concerning the maintenance of the conditions of authorisation and the termination of the authorisation shall apply to the authorisation. case, of the authorizations granted.

CHAPTER VI

Qualifications and qualification levels

Article 34. Classification of the functions.

For the purposes of determining the capabilities and skills required for risk assessment and the development of preventive activity, the functions to be performed are classified in the following groups:

a) Basic level functions.

b) Intermediate level functions.

c) Top-level functions, corresponding to the specialties and preventive disciplines of work medicine, occupational safety, industrial hygiene, and ergonomics and applied psychosociology.

The functions listed in the following articles will be the ones that guide the various projects and training programs developed for each level.

These projects and programmes must comply with the general criteria and the minimum training content set for each level in Annexes III to VI.

Article 35. Basic level functions.

1. Integrate the basic level of preventive activity with the following functions:

(a) Promote safe behaviour and the proper use of work and protection equipment, and encourage the interest and cooperation of workers in preventive action.

b) Promote, in particular, basic preventive actions, such as order, cleaning, signalling and general maintenance, and to monitor and monitor them.

(c) Carry out incremental risk assessments and, where appropriate, establish preventive measures of the same nature that are compatible with their degree of training.

d) Collaborate on the evaluation and control of the company's general and specific risks, making visits to the effect, attention to complaints and suggestions, data recording, and how many similar functions are needed.

e) Act in case of emergency and first aid managing the first interventions to the effect.

f) Cooperate with prevention services, if any.

2. In order to perform the functions referred to in the previous paragraph, it shall be necessary:

(a) To have minimum training with the content specified in the programme referred to in Annex IV and whose development shall be of no less than 50 hours, in the case of undertakings which carry out any of the activities included in Annex I, or 30 hours in other cases, and an appropriate time distribution for each training project, respecting the one set out in paragraphs 1 and 2 respectively of Annex IV, or

(b) Post a vocational or academic training that enables them to carry out equivalent or similar professional responsibilities to those who need the activities referred to in the previous paragraph

or

(c) Credit an experience of not less than two years in a company, institution or public administration that carries with it the performance of professional levels of responsibility equivalent or similar to those required by the activities identified in the previous paragraph.

In the cases referred to in paragraphs (b) and (c), the pre-existing qualification levels must be progressively improved, in the event that the preventive activities to be carried out do so, by means of a Basic level training action in the framework of continuing training.

3. The minimum training provided for in subparagraph (a) of the above paragraph shall be accredited by means of certification of specific training in the field of occupational risk prevention, issued by a preventive service or by a public or private entity with ability to develop specific training activities in this field.

Article 36. Intermediate-level functions.

1. The functions for the intermediate level are as follows:

a) Promote, in general, prevention in the enterprise.

b) Perform risk assessments, except those specifically reserved at the top level.

c) Propose measures for the control and reduction of risks or raise the need for recourse to the higher level, in the light of the results of the assessment.

d) Conduct basic worker information and training activities.

e) To monitor the compliance of the control and risk reduction program and to personally carry out the control activities of the working conditions assigned to them.

f) Participate in the planning of preventive activity and lead the actions to be developed in cases of emergency and first aid.

g) Collaborate with prevention services, if any.

h) Any other function assigned as auxiliary, supplemental, or top-level collaboration.

2. In order to carry out the tasks referred to in the preceding paragraph, a minimum training shall be required with the content specified in the programme referred to in Annex V and the development of which shall be of a duration not less than 300 hours and one appropriate time distribution to each training project, respecting the one set out in the Annex.

Article 37. Top-level functions.

1. The functions corresponding to the top level are as follows:

(a) The functions referred to in paragraph 1 of the preceding article, with the exception of the one referred to in paragraph (h).

b) Performing those risk assessments whose development requires:

1. The establishment of a measurement strategy to ensure that the results obtained characterize effectively the situation that is valued, or

2. A non-mechanical interpretation or application of the assessment criteria.

c) General training and information, at all levels, and in the subjects of your area of expertise.

d) The planning of preventive action to be developed in situations where the control or reduction of risks involves the carrying out of different activities, involving the intervention of different specialists.

e) The surveillance and control of the health of workers in the terms referred to in paragraph 3 of this Article.

2. In order to carry out the duties referred to in the preceding paragraph, a university degree must be awarded and a minimum level of training must be provided with the content specified in the programme referred to in Annex VI and the development of which shall be duration of not less than 600 hours and an appropriate hourly distribution for each training project, respecting that set out in the Annex.

3. The health surveillance and control functions of the workers referred to in paragraph 1 (e) shall be carried out by health personnel with technical competence, training and accredited capacity in accordance with the rules in force and the set in the following paragraphs:

(a) Prevention services that develop health surveillance and control functions for workers must have a medical doctor who is a specialist in work medicine or a diploma in enterprise medicine and an ATS/DUE company, without prejudice to the participation of other healthcare professionals with technical competence, training and accredited capacity.

(b) In the field of health surveillance, health activities shall, under the conditions laid down in Article 22 of Law 31/1995, cover the prevention of occupational hazards:

1. An assessment of initial workers ' health after incorporation into work or after the assignment of specific tasks with new health risks.

2. An assessment of the health of workers who resume work after a prolonged absence due to health reasons, in order to discover their possible professional origins and recommend appropriate action to protect workers.

3. A health surveillance at regular intervals.

c) Health surveillance shall be subject to specific protocols or other existing means with regard to the risk factors to which the worker is exposed. The Ministry of Health and Consumer Affairs and the Autonomous Communities, heard by the competent scientific societies, and in accordance with the provisions of the General Law on Health in the field of the participation of the social partners, shall establish the periodicity and specific content of each case.

Health examinations will include, in any case, a clinical-work history, in which in addition to the data on anamnesis, clinical exploration and biological control and complementary studies based on the risks inherent in the work, a detailed description of the work position, the length of time spent in it, the risks identified in the analysis of the working conditions, and the preventive measures taken.

It must also be stated, if this is available, a description of the previous positions, risks present in the work, and the length of time for each of them.

(d) The health personnel of the preventive service must be aware of the illnesses that occur among the workers and the absences of the work for health reasons, to the sole effects of being able to identify any relation between the cause of illness or absence and the health risks that may arise in the workplace.

(e) In cases where the nature of the risks inherent in the work makes it necessary, the right of workers to the periodic monitoring of their health must be extended beyond the completion of the employment relationship through the National Health System.

f) The health personnel of the service must analyse the results of the health surveillance of workers and the risk assessment, with epidemiological criteria and collaborate with the rest of the components of the service, in order to investigate and analyze the possible relationships between exposure to occupational risks and health harms and to propose measures aimed at improving working conditions and the environment.

g) The health personnel of the preventive service shall study and assess, in particular, the risks which may affect women workers in the situation of pregnancy or recent birth, minors and workers in particular sensitive to certain risks, and propose appropriate preventive measures.

(h) The health personnel of the preventive service which, where appropriate, exists in the workplace, must provide first aid and emergency care to workers who are victims of accidents or alterations in the workplace. place of work.

CHAPTER VII

Collaboration of prevention services with the National Health System

Article 38. Collaboration with the National Health System.

1. In accordance with the provisions of Article 10 of Law 31/1995 on the Prevention of Occupational Risks, and Article 21 of Law 14/1986, General Health, the prevention service will collaborate with primary health care services and specialised health care for the diagnosis, treatment and rehabilitation of work-related diseases, and with the competent health authorities in the occupational health activity to be planned, the units being responsible for public health in the Health Area, which defines the General Law of Health, the competent to coordination between prevention services acting in that area and the health system. This coordination will be developed by the Autonomous Communities in the field of their competences.

2. The prevention service shall collaborate in the health and epidemiological campaigns organised by the competent public administrations in the field of health.

Article 39. Health information.

1. The prevention service will collaborate with the health authorities to provide the Health Information System in Employment Health. The minimum data set for this information system shall be established by the Ministry of Health and Consumer Affairs, after agreement with the competent bodies of the Autonomous Communities, within the Interterritorial Council of the National System of Health. The Autonomous Communities in the field of their respective competences may develop the aforementioned health information system.

2. The health personnel of the preventive service shall carry out the epidemiological surveillance, carrying out the necessary actions for the maintenance of the Health Information System in the workplace.

3. If automated treatment of health data or other personal data is carried out, it must be done in accordance with the Organic Law 5/1992 of 29 October.

ADDITIONAL PROVISIONS

First. Basic character.

1. This Regulation constitutes labour law, issued pursuant to Article 149.1.7. of the Constitution.

2. With regard to civil personnel with administrative or statutory status at the service of public administrations, this Regulation shall apply in the following terms

(a) The articles listed below constitute basic rules within the meaning of Article 149.1.18. of the Constitution: 1, paragraphs 1 and 2, except the reference to Chapter V of the Law on the Prevention of Occupational risks; 2, paragraphs 1, 2, 3 and 4, except for the reference to Chapter III; 3; 4, paragraphs 1, 2 and 3, except for the reference to Chapter VI; 5; 6; 7; 8; 9; 10; 12, paragraphs 1 and 2, except for subparagraph (a); 13 (1), except for the reference to Chapter VI, and 2; 15, paragraphs 1, 2, first subparagraph, 3 and 4; 16, paragraph 2; 20, paragraph 1.

(b) In the field of Autonomous Communities and local authorities, the functions which the Regulation attributes to the labour authorities and to the Labour and Social Security Inspectorate may be attributed to different bodies.

Second. Integration into prevention services.

In accordance with the provisions of paragraph (d) of the sole derogating provision of the Law on the Prevention of Occupational Risks, the personnel belonging to the medical services of business on the date of entry into force of the said Law Law shall be integrated into the prevention services of the relevant undertakings, where they are constituted, without prejudice to the continuation of those functions which they have attributed, other than those of the preventive service.

Third. Maintenance of preventive activity.

1. The application of this Royal Decree shall not affect the continuation of the health activity which has been carried out in undertakings under the rules governing the medical services of undertakings which are repealed and their provisions implementation and development, even if these companies do not constitute preventive services.

2. Nor will the application of this Royal Decree affect the maintenance of the preventive activity developed by the services of safety and hygiene in the work existing in the companies at the date of publication of the Law of Prevention of Occupational risks, even if the circumstances provided for in Article 14 are not met.

Fourth. Application to public administrations.

1. In the field of public administrations, the organization of the resources necessary for the development of preventive activities and the definition of the functions and levels of qualification of the personnel to be carried out will be carried out in the In accordance with the provisions of Article 31 (1) of the Law on the Prevention of Occupational Risks, and in the additional provision of the Law on the Prevention of Occupational Risks, and in the additional provision, the provisions of the First of this Regulation, after consultation with the most representative trade union organisations, in the terms set out in Law 7/1990 of 19 July on collective bargaining and participation in the determination of the working conditions of public employees.

In the absence of such specific rules, the provisions of this Regulation will apply.

2. The audit obligations contained in Chapter V of this Regulation shall not apply to public administrations.

The specific rules provided for in the previous paragraph should provide for the appropriate control instruments to this effect.

3. References to collective bargaining and to the agreements referred to in Article 83 (3) of the Staff Regulations contained in this Regulation shall be construed as referring in the case of relations of a nature administrative or statutory staff at the service of public administrations, agreements and agreements concluded in the terms set out in Law 7/1990 of 19 July on collective bargaining and participation in the determination of the working conditions of public employees.

Fifth. Validation of functions.

Who on the date of publication of the Law on the Prevention of Labor Risks came to perform the functions mentioned in Articles 36 and 37 of this standard and do not have the minimum training provided for in those precepts, may continue to perform such functions within the undertaking or entity in which they are developing, provided that they meet the following requirements:

(a) Contar with an experience of not less than three years from 1985, in the performance of the functions referred to in Article 36 of this standard, in a company, institution or in public administrations. In the case of the functions referred to in Article 37, the required experience shall be one year when they hold a university degree or five years in the event of their absence.

(b) Credit a specific training in preventive matters not less than 100 hours, with the training received as well as the training given in a public or private body of recognized prestige.

The provisions of the preceding paragraph shall not apply to health personnel, who shall continue to be governed by their specific rules.

Sixth. Medical examinations prior to the boarding of the seafarers.

In the maritime-fisheries sector, it will remain in force in the field of training, information, education and practice of medical examinations prior to boarding, in Royal Decree 1414/1981 of 3 July, for which the restructure the Social Institute of the Navy.

Seventh. Collective bargaining.

In collective bargaining or by means of the agreements referred to in Article 83 (3) of the Staff Regulations, criteria may be laid down for the determination of the personal and material resources of the own-prevention services, the number of workers designated, where appropriate, by the employer to carry out prevention activities and the means at which they are available for the performance of their activities, depending on the size of the company, the risks to which the workers are exposed and their distribution in the company, as well as in (a) the planning of preventive activities and for the prevention of training in the prevention of workers and of prevention delegates.

Eighth. Accreditation and licensing criteria.

The National Commission on Safety and Health at Work will meet the criteria adopted by the labor and health administrations in relation to the accreditation of specialized entities in order to act as services of prevention and authorisation of natural or legal persons who wish to carry out the audit activity, in order to be able to inform and formulate proposals aimed at appropriate coordination between administrations.

Ninth. Additional provisions on administrative procedures.

In the field of administrative procedures, in all the non-expressly provided for in this provision, it will be established in Law 30/1992, of 26 November, of the Legal Regime of the Public and the Common Administrative Procedure, and Royal Decree 1778/1994 of 5 August, adapting to that Law the rules governing the procedures for granting, modifying and extinguishing authorizations.

TRANSIENT PROVISIONS

First. Constitution of own prevention service.

Without prejudice to the maintenance of those preventive activities that were being carried out in the company on the date of entry into force of this provision, the own prevention services to be set up by the companies of more than 250 workers and up to 1,000 workers, in accordance with the provisions of Article 14 (a) and (b), shall be in operation by 1 January 1999, with the exception of undertakings carrying out any of the activities included in Annex I which will do so on 1 January 1998.

Until the date specified in the preceding paragraph, the preventive activities in the companies mentioned above must be concerted with a specialized entity outside the company, except those that are progressively assumed by the company by means of the designation of workers, until full integration into the prevention service which is constituted.

Second. Accreditation of Mutual Accidents of Work and Occupational Diseases of Social Security.

To the Mutual Work and Occupational Diseases Mutuals which, under the authorization contained in the second transitional provision of the Law on the Prevention of Occupational Risks, develop the corresponding functions. the prevention services in relation to their associated enterprises, shall apply to them as set out in Articles 23 to 27 of this standard on accreditation and requirements.

Third. Accreditation of training.

As long as the academic and professional qualifications corresponding to the minimum training referred to in Articles 36 and 37 of this standard are not determined by the competent authorities in the field of education, this training may be accredited without academic effects through the corresponding certification issued by a public or private entity that has the capacity to carry out training activities in this field and has the authority of the labour authority competent.

The certification of the training shall be issued after verification that a programme has been completed with the content set out in Annexes V or VI to this provision and an assessment test has been carried out on such a programme, or that it has equivalent training which has been legally required for the pursuit of a professional activity.

Fourth. Transitional application of the criteria for the management of occupational risk prevention in hospitals and public health centres.

As part of the fourth additional provision, "Application to Public Administrations", the prevention of occupational risks in hospitals and public health centres will continue to be managed in accordance with the the criteria and procedures so far in force, in such a way as to ensure that the functions of the supervision and control of the health of workers and the other prevention activities referred to in this Regulation are ensured. For these purposes, preventive medicine activities shall be coordinated with the other prevention-related functions in order to achieve integrated and interdisciplinary action.

Single repeal provision. Scope of regulatory repeal.

As many provisions of equal or lower rank are repealed with the provisions of this Royal Decree and specifically Decree 1036/1959 of 10 June on Medical Services of Enterprise, and the Order of 21 of November 1959 by which the Rules of Procedure of the Medical Services of Enterprise are approved.

This Royal Decree does not affect the validity of the special provisions on the prevention of occupational risks in mining operations, contained in Chapter IV of Royal Decree 3255/1983, of 21 December, by It is the case that the Minero Statute is approved, and in its implementing rules, as well as those of the Royal Decree 2857/1978 of 25 August, for which the General Regulation for the Regime of Mining is approved, and Royal Decree 863/1985 of 2 April, for which The General Rules of Basic Safety Standards, and its provisions, are approved complementary.

FINAL PROVISIONS

First. Regulatory enablement.

The Minister of Labour and Social Affairs is hereby authorized to issue as many provisions as are necessary for the implementation of the provisions of the present Directive, prior to the report of the National Commission on Safety and Health at Work. Royal Decree.

Second. Entry into force.

This Royal Decree shall enter into force two months after its publication in the "Official Gazette of the State", with the exception of paragraph 2 of Articles 35, 36 and 37 of Chapter VI, which shall do so within 12 months.

Given in Madrid to January 17, 1997.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JAVIER ARENAS BOCANEGRA

ANNEX I

(a) Work with exposure to ionising radiation in areas controlled by Royal Decree 53/1992 of 24 January on health protection against ionizing radiation.

(b) Work with exposure to toxic and very toxic agents, and in particular to carcinogens, mutagenic or toxic to reproduction, first and second category, according to Royal Decree 363/1995 of 10 January, which approves the Regulation on the notification of new substances and the classification, packaging and labelling of dangerous substances, as well as Royal Decree 1078/1993 of 2 July 1993 on the classification, packaging and labelling of dangerous preparations and the development and adaptation to the progress of both.

(c) Activities involving high risk chemicals and are the subject of the application of Royal Decree 886/1988 of 15 July 1988 on the prevention of major accidents in certain activities industrial.

(d) Work with exposure to biological agents in Groups 3 and 4, according to Directive 90 /679/EEC and its amendments, on the protection of workers against risks related to biological agents during work.

(e) Activities for the manufacture, handling and use of explosives, including pyrotechnic articles and other objects or instruments containing explosives.

f) Own open and indoor mining works, and surveys on land surface or offshore platforms.

g) Activities in underwater immersion.

h) Activities in construction, excavation, land and tunnel movements, with a risk of height or burial.

i) Activities in the steel industry and shipbuilding.

j) Production of compressed, liquefied or dissolved gas or significant use thereof.

k) Jobs producing high concentrations of siliceous powder.

l) Jobs with high voltage electrical hazards.

ANNEX II

Notification on concurrency of conditions that do not require the audit of the company's prevention system

Don: ..............................................................................................................................,

as: .......................................................................................................................

of the company: .....................................................................................................................,

declares that it complies with the conditions set out in Article 29 of the Prevention Services Regulation and accordingly provides the following information together with this declaration for registration and consideration by the competent labour authority.

Company data:

newly created □ Already existing □

NIF: CIF:
	Name or social reason:
address:	Municipality:
Province: Postal Code:	Phone:
Activity:	Managing Entity or A.T. and E.P. Contributor:
Class of job center (workshop, office, warehouse):	Number of workers:
Realized risk assessment with date:	Built Surface (m2):

Risk prevention data:

	Risks	Preventive activity

(Place, date, firm, and company stamp)

ANNEX III

General criteria for the establishment of training projects and programs, for the performance of basic, medium and higher level functions

The preventive disciplines that will serve as technical support will be at least those related to Work Medicine, Safety at Work, Industrial Hygiene and Ergonomics and Applied Psychosociology.

The regulatory framework for the prevention of occupational risks will cover all general, international, Community and Spanish legislation, as well as the specific derived regulations for the application of preventive techniques, and their concreteness and development in collective agreements.

The training objectives will be to acquire the technical knowledge necessary for the development of the functions of each level.

Training must be an integral part of the different preventive disciplines that provide the programs of the multidisciplinary and interdisciplinary characteristics.

The training projects will be designed with the criteria and the uniqueness of each promoter, and must establish the general and specific objectives, the contents, the articulation of the materials, the concrete methodology, the evaluation modalities, temporary recommendations, and technical supports and resources.

The training programs, on the proposal of each promoter, and in accordance with the projects and curricular design, will establish a temporalized concretion of objectives and contents, their methodological development, the didactic activities and the criteria and parameters for evaluating the objectives set out in each programme.

ANNEX IV

A) Minimum content of the training program for the performance of basic-level functions

I. Basic concepts about safety and health at work.

a) Work and health: occupational risks. Risk factors.

b) Damage from work. Accidents at work and occupational diseases. Other pathologies derived from work.

c) Basic regulatory framework for the prevention of occupational risks. Basic rights and duties in this field.

Total hours: 10.

II. General risks and their prevention.

a) Risks linked to security conditions.

b) Risks linked to the work environment.

c) Workload, fatigue, and labor inservice.

d) Elementary risk control systems. Collective and individual protection.

e) Emergency and evacuation plans.

f) Health control of workers.

Total hours: 25.

III. Specific risks and their prevention in the sector corresponding to the business of the company.

Total Hours: 5.

IV. Basic elements of risk prevention management.

a) Public bodies related to health and safety at work.

b) Organization of preventive work: basic "routines".

c) Documentation: collection, processing, and archiving.

Total Hours: 5.

V. First aid.

Total Hours: 5.

B) Minimum content of the training program, for the performance of basic-level functions

I. Basic concepts about safety and health at work.

a) Work and health: occupational risks. Risk factors.

b) Damage from work. Accidents at work and occupational diseases. Other pathologies derived from work.

c) Basic regulatory framework for the prevention of occupational risks. Basic rights and duties in this field.

Total Hours: 7.

II. General risks and their prevention.

a) Risks linked to security conditions.

b) Risks linked to the work environment.

c) Workload, fatigue, and job dissatisfaction.

d) Elementary risk control systems. Collective and individual protection.

e) Emergency and evacuation plans.

f) Health control of workers.

Total hours: 12.

III. Specific risks and their prevention in the sector corresponding to the business of the company.

Total Hours: 5.

IV. Basic elements of risk prevention management.

a) Public bodies related to health and safety at work.

b) Organization of preventive work: basic "routines".

c) Documentation: collection, processing, and archiving.

Total hours: 4.

V. First aid.

Total Hours: 2.

ANNEX V

Minimum content of the training program, for the performance of the intermediate-level functions

I. Basic concepts about safety and health at work.

a) Work and health: occupational risks.

b) Damage from work. Accidents and diseases due to work: concepts, dimension of the problem. Other pathologies derived from work.

c) Working conditions, risk factors and preventive techniques.

d) Regulatory framework for the prevention of occupational risks. Rights and duties in this field.

Total hours: 20.

II. Prevention methodology I: General techniques for the analysis, assessment and control of risks.

1. Safety Conditions Related Risks:

Techniques for the identification, analysis and assessment of risks linked to:

a) Machines.

b) Equipment, facilities, and tools.

c) Places and workspaces.

d) Manipulation, storage, and transport.

e) Electricity.

f) Fires.

g) Chemicals.

h) Toxic and hazardous waste.

i) Safety inspections and accident investigation.

j) Preventive measures for risk elimination and reduction.

2. Environment-related risks of work:

1. Physical Agents.

a) Noise.

b) Vibrations.

c) Thermal environment.

d) ionising and non-ionising radiation.

e) Other physical agents.

2. Chemical Agents.

3. th Biological Agents.

4. First identification, analysis and general evaluation: methodology of action. The hygienic survey.

5. Preventative Prevention Measures and Risk Reduction.

3. Other Risks:

a) Workload and fatigue: ergonomics.

b) Psychosocial and organizational factors: analysis and overall assessment.

c) Environmental conditions: lighting. Indoor air quality.

d) Concepción and design of the jobs.

Total hours: 170.

III. Prevention methodology II: Specific techniques for monitoring and control of risks.

a) Collective protection.

b) Senalization and information. Packaging and labelling of chemicals.

c) Work rules and procedures. Preventive maintenance.

d) Individual protection.

e) Assessment and health checks of workers.

f) Basic statistics of statistics: rates of accident.

Total hours: 40.

IV. Prevention methodology III: Promotion of prevention.

a) Training: analysis of training needs. Adult training techniques.

b) Communication, motivation and negotiation techniques. Preventive campaigns.

Total hours: 20.

V. Organization and management of prevention.

1. External Resources on the Prevention of Occupational Risks.

2. Organization of prevention within the company:

a) Integrated prevention.

b) Organizational models.

3. Basic Principles of Prevention Management:

a) Objectives and priorities.

b) Assignment of responsibilities.

c) Prevention plan.

4. Documentation.

5. Action in case of emergency:

a) Emergency and evacuation plans.

b) First aid.

Total hours: 50.

ANNEX VI

Minimum content of the training program, for the performance of top-level functions

The top-level training program will consist of three parts:

I. Mandatory and common, with a minimum of 350 reading hours.

II. Optional specialization, to choose from the following options:

A) Job security.

B) Industrial hygiene.

C) Ergonomics and applied psychosociology.

Each of them will have a minimum duration of 100 hours.

III. Completion of a final work or preventive activities in a work centre in accordance with the chosen specialisation, with a minimum duration equivalent to 150 hours.

I. Common part.

1. Fundamentals of the techniques for improving working conditions.

a) Working conditions and health.

b) Risks.

c) Damage from work.

d) Prevention and protection.

e) Statistical bases applied to prevention.

Total hours: 20.

2. Techniques for the prevention of occupational risks.

1. Job Security:

a) Concept and security definition: security techniques.

b) Accidents at work.

c) Investigation of accidents as a preventive technique.

d) General analysis and assessment of the risk of accident.

e) Standard and signaling in security.

f) Collective and individual protection.

g) Statistical analysis of accidents.

h) Emergency plans and self-protection.

i) Analysis, assessment and control of specific risks: machines; equipment, facilities and tools; places and work spaces; handling, storage and transport; electricity; fires; chemicals.

j) Toxic and hazardous waste.

k) Safety inspections and accident investigation.

l) Preventive measures for risk elimination and reduction.

Total hours: 70.

2. Industrial Hygiene:

a) Industrial hygiene. Concepts and objectives.

b) Chemical agents. Occupational toxicology.

c) Chemical agents. Assessment of the exposure.

d) Chemical agents. Exposure control: general principles; actions on the pollutant focus; actions on the medium of propagation. Ventilation; actions on the individual: personal protective equipment: classification.

e) Specific legal regulations.

(f) Physical agents: characteristics, effects, assessment and control: noise, vibration, thermal environment, non-ionising radiation, ionising radiation.

g) Biological agents. Effects, assessment and control.

Total hours: 70.

3. Work Medicine:

a) Basic concepts, objectives, and functions.

b) Work-source Pathologies.

c) Health surveillance.

d) Health promotion in the company.

e) Occupational epidemiology and epidemiological investigation.

f) Health planning and information.

g) Socorism and first aid.

Total hours: 20.

4. Ergonomics and applied psychosociology:

a) Ergonomics: concepts and objectives.

b) Environmental conditions in ergonomics.

c) Concepción and job design.

d) Physical workload.

e) Mental workload.

f) Factors of a psychosocial nature.

g) Structure of the organization.

h) Company, position, and individual characteristics.

i) Stress and other psychosocial problems.

j) Consequences of harmful psychosocial factors and their assessment.

k) Psychosocial intervention.

Total hours: 40.

3. Other actions in the field of occupational risk prevention.

1. Training:

a) Analysis of training needs.

b) Plans and programs.

c) Educational techniques.

d) Monitoring and evaluation.

2. Communication, information and negotiation techniques:

a) Communication in prevention, channels, and types.

b) Information. Conditions of effectiveness.

c) Negotiating techniques.

Total hours: 30.

4. Management of occupational risk prevention.

a) General aspects of business administration and management.

b) Planning for prevention.

c) Organization of prevention.

d) Economics of prevention.

e) Application to special sectors: construction, extractive industries, transport, fisheries and agriculture.

Total hours: 40.

5. Related techniques.

a) Product security and quality management systems.

b) Environmental management.

c) Industrial security and risk prevention.

d) Road safety.

Total hours: 20.

6. Legal scope of prevention.

a) Labor law Notions.

b) Spanish social security system.

c) Basic labour relations legislation.

d) Regulations on the prevention of occupational risks.

e) Responsibilities in preventive matters.

f) Organization of prevention in Spain.

Total hours: 40.

II. Optional specialization.

A) Work Safety Area: A minimum training of 100 hours should be accredited as a priority as a deepening of the topics contained in section 2.1. of the common part.

B) Industrial Hygiene Area: A minimum 100-hour training must be accredited, as a priority as a deepening of the topics covered in section 2.2. of the common part.

C) Area of Ergonomics and Applied Psychosociology: A minimum training of 100 hours should be accredited, as a priority as a deepening of the topics contained in section 2.4. of the common part.