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Royal Decree 1879 / 1996, Of 2 August, Which Regulates The Composition Of The National Commission On Safety And Health At Work.

Original Language Title: Real Decreto 1879/1996, de 2 de agosto, por el que se regula la composiciĆ³n de la ComisiĆ³n Nacional de Seguridad y Salud en el Trabajo.

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Article 13.1 of Law 31/1995 of 8 November, on the Prevention of Occupational Risks, creates the National Commission for Safety and Health at Work as a collegial organ of public administrations in the formulation of the policies of prevention and the institution of institutional participation in the field of safety and health at work.

On the other hand, paragraph 2 of the aforementioned article establishes the basic structure of its composition, indicating that it will be integrated by a representative of each of the Autonomous Communities and the same number of members of the The General Administration of the State and, with all the above, representatives of the most representative employers ' and trade union organizations.

Beyond this basic scheme, Article 13 (5) states that the Commission will have one presidency and four vice-chairs, one for each of the groups that make up the Commission, the first being the Secretary-General for Employment, and the Vice-Presidency for the General Administration of the State to the Assistant Secretary for Health and Consumer Affairs.

On the other hand, as provided for in Article 13.6, the Secretariat of the Commission shall be assigned to the Directorate of the National Institute for Safety and Health at Work (INSHT) for the purpose of carrying out the functions of technical support and administrative.

In its virtue, on the proposal of the Minister of Labour and Social Affairs, with the approval of the Minister of Public Administrations, and after deliberation of the Council of Ministers at its meeting of August 2, 1996,

D I S P O N G O:

Article 1. Nature and component parts.

The National Commission on Safety and Health at Work, as a collegiate advisory body of public administrations in the formulation of policies for prevention and institutional participation in the field of security and health at work, shall be composed of representatives of the General Administration of the State, the Administrations of the Autonomous Communities and representatives of the most representative employers ' and trade unions.

Article 2. Composition.

1. The Commission shall be composed of:

(a) The President, who will be the Secretary-General of Employment of the Ministry of Labour and Social Affairs.

b) Four Vice-Presidents, one for each of the groups that make up it, being in the field of the General Administration of the State the Undersecretary of Health and Consumer Affairs.

c) Seventeen Vocals in the field of the General Administration of the State, with a rank of Director-General or equivalent, representing:

1. Ministry of Labour and Social Affairs, four Vocals.

2. Ministry of Health and Consumer Affairs, three Vocals.

3. Ministry of Industry and Energy, two Vocals.

4. Ministry of Public Administrations, a Vocal.

5. Ministry of Development, a Vocal.

6. Ministry of Environment, a Vocal.

7. Ministry of Education and Culture, a Vocal.

8. Ministry of Economy and Finance, a Vocal.

9. Ministry of Agriculture, Fisheries and Food, a Vocal.

10. Ministry of the Interior, a Vocal.

11. Cabinet of the Presidency of the Government, a Vocal.

d) Seventeen Vowels representing the Autonomous Communities, as well as a Vocal for each of the cities of Ceuta and Melilla.

e) Nineteen Vocals by the most representative business organizations.

f) Nineteen Vocals by the most representative trade union organizations.

In the cases referred to in paragraphs (d), (e) and (f), the Vocals shall elect from among their members, one of whom shall hold the vice-presidency, which each of the respective groups has assigned.

2. The Secretariat of the Commission, as a technical and administrative support body, shall be assigned to the Directorate of the National Institute for Safety and Hygiene at Work, the holder of which shall be considered as a member of the National Institute of Occupational Safety and Health. assigned to the Ministry of Labour and Social Affairs.

3. The members of the Commission may be replaced at the meetings of the Commission in the event of absence or illness and, in general, where there is a justified cause, which must be communicated in advance in writing to the Council Secretariat by the Commission. Corresponding titular vowel.

In the case of the representatives of the ministerial departments, the substitutes must have a rank of Subdirector general or equivalent.

4. The renewal of the composition of the Commission will take place every four years, taking into account the changes that would have taken place in terms of representativeness in the relevant territorial areas of the organisations concerned. business and trade unions.

Article 3. Appointment and termination of the members of the Commission.

The members of the National Committee on Safety and Health at Work will be appointed and terminated by the Minister of Labour and Social Affairs on the proposal of the respective ministerial departments, public administrations. more representative regional and business organisations and organisations.

Article 4. Approval of an Internal Operating Regulation.

The National Commission on Safety and Health at Work will approve its own Rules of Procedure, which will specify the arrangements for the adoption of agreements and their functioning in plenary, the Permanent Commission and working groups. The composition of the Standing Committee and the working groups to be set up, as well as the tasks of the Presidency and the Secretariat for the formalisation and approval of minutes and documents and other matters, shall also be determined. related to similar nature.

Single additional disposition. Development of the functions of the General Council of the INSHT and dissolution of the Monitoring Committee.

1. The functions that the General Council of the National Institute of Safety and Hygiene at Work has entrusted, in terms of the elaboration of criteria and guidelines of action of the Institute and of information to the Ministry of Labour and Social security schemes in the field of safety and hygiene at work under the provisions of Article 1 (2) (b) of the Order of 25 January 1985 laying down the Rules of Procedure of the European Parliament and of the Council of the European General Council of the National Institute for Safety and Hygiene at Work, to be developed by the Commission National of Safety and Health at Work, in accordance with the provisions of Article 13 (3) of Law 31/1995 of 8 November on the Prevention of Occupational Risks, with the functions of the General Council being referred to its own the condition of a participatory organ in the management of the National Institute of Safety and Hygiene at Work.

2. The Monitoring Committee for the implementation of the Regulation on Work with Risk of Amianto, set up by Resolution of 11 February 1985, of the Directorate-General for Work, whose tasks will be taken over by the Commission, is hereby dissolved. National of Safety and Health at Work, in the terms and in accordance with the provisions of article 13, paragraphs 3 and 7, of Law 31/1995, of 8 November, of the Prevention of Occupational Risks, through the working groups established by the Rules of procedure of the said Commission.

Single end disposition. Entry into force.

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

Given in Palma de Mallorca to 2 August 1996.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JAVIER ARENAS BOCANEGRA