REAL DECREE 577/1982, OF 17 MARCH, WHEN DETERMINING THE ORGANIC STRUCTURE OF NATIONAL INSTITUTE OF SAFETY AND HYGIENE AT WORK, ESTABLISHES, IN ARTICLE 3., AS ONE OF THE CENTRAL ORGANS OF IT, THE GENERAL COUNCIL, THE RULES GOVERNING THIS REPRESENTATIVE BODY SHOULD BE DETERMINED.

IN ITS VIRTUE, THIS MINISTRY, MAKING USE OF THE AUTHORIZATION CONTAINED IN THE FINAL DISPOSITION THIRD OF THE REFERRED ROYAL DECREE 577/1982, ON A PROPOSAL OF THE GENERAL COUNCIL OF THE NATIONAL INSTITUTE OF SAFETY AND HYGIENE AT WORK, AND AFTER APPROVAL OF THE PRESIDENCY OF THE GOVERNMENT, IT HAS HAD GOOD TO HAVE:

ARTICLE 1. DEFINITION AND FUNCTIONS OF THE GENERAL COUNCIL.

1. THE GENERAL COUNCIL IS THE CENTRAL ORGAN OF THE AUTONOMOUS AGENCY NATIONAL INSTITUTE OF SAFETY AND HYGIENE AT WORK, THROUGH WHICH TRADE UNION AND BUSINESS ORGANIZATIONS AND THE PUBLIC ADMINISTRATION PARTICIPATE.

2. CORRESPONDS TO THE GENERAL COUNCIL IN THE FIELD OF SPANISH STATE:

(A) DEVELOP THE CRITERIA AND GUIDELINES FOR ACTION OF THE NATIONAL INSTITUTE OF SAFETY AND HYGIENE AT WORK.

B) INFORM THE MINISTRY OF LABOUR AND SOCIAL SECURITY OF THE NATIONAL PLANS FOR ACTION IN THE FIELD OF SAFETY AND HYGIENE AT WORK.

C) IT SHALL ALSO APPROVE THE PRELIMINARY DRAFT BUDGET FOR REVENUE AND EXPENDITURE, IN ACCORDANCE WITH THE PROVISIONS OF THE GENERAL BUDGET LAW.

D) APPROVE THE ANNUAL MEMORY OF THE AGENCY ' S ACTIVITIES, FOR ITS ELEVATION TO THE GOVERNMENT.

(E) THE OTHER FUNCTIONS WHICH ARE CHARACTERISTIC OF THEIR STATUS AS A PARTICIPATORY BODY AND, IN PARTICULAR, THE MANAGEMENT OF THE INSTITUTE IN A COLLECTIVE MANNER, WITHOUT PREJUDICE TO THE POWERS OF THE MINISTRY OF LABOUR AND SOCIAL SECURITY.

ART. 2. COMPOSITION OF THE GENERAL COUNCIL.

1. THE GENERAL COUNCIL SHALL BE COMPOSED OF THE FOLLOWING MEMBERS:

A) THIRTEEN REPRESENTATIVES OF THE MOST REPRESENTATIVE TRADE UNIONS IN PROPORTION TO THEIR REPRESENTATIVENESS, APPOINTED BY THE RELEVANT UNION BODY.

B) THIRTEEN REPRESENTATIVES OF THE MOST REPRESENTATIVE BUSINESS ORGANISATIONS, APPOINTED BY THE COMPETENT BODIES OF THE RELEVANT BUSINESS ORGANISATION.

C) THIRTEEN REPRESENTATIVES OF THE PUBLIC ADMINISTRATION.

THE REPRESENTATIVENESS REFERRED TO IN PARAGRAPHS (A) AND (B) IS REFERRED TO AS STATE LEVEL, IN ACCORDANCE WITH THE LEGISLATION IN FORCE.

2. THE PRESIDENT OF THE GENERAL COUNCIL SHALL BE THE DEPUTY SECRETARY FOR LABOUR AND SOCIAL SECURITY, AND SHALL ACT AS FIRST VICE-PRESIDENT, THE DIRECTOR-GENERAL OF WORK, AND SECOND, THE DIRECTOR OF THE NATIONAL INSTITUTE FOR SAFETY AND HYGIENE AT WORK, THESE THREE ARE AMONG THE REPRESENTATIVES OF THE PUBLIC ADMINISTRATION.

3. THE APPOINTMENT OF THE REPRESENTATIVES REFERRED TO IN PARAGRAPHS (A), (B) AND (C) OF THIS ARTICLE SHALL BE COMMUNICATED IN WRITING TO THE SECRETARIAT OF THE GENERAL COUNCIL BY THE RELEVANT ORGANISATIONS OR BODIES.

ART. 3. FUNPATIONS.

THE GENERAL COUNCIL SHALL OPERATE IN FULL AND SHALL MEET AT LEAST TWICE A YEAR, AS WELL AS THE PRESIDENT, ON ITS OWN INITIATIVE OR AT THE REQUEST OF A FIFTH OF ITS MEMBERS, WITH THE MEETING, AT THE SAME TIME. THIS CASE, IN THE TWENTY DAYS FOLLOWING RECEIPT OF THE APPLICATION.

ART. 4. POWERS OF THE PRESIDENT.

CORRESPONDS TO THE PRESIDENT:

(A) THE FORMAL REPRESENTATION OF THE GENERAL COUNCIL TO THE SIMPLE EFFECTS OF COORDINATION AND EXTERNAL RELATIONS, WITHOUT PREJUDICE TO ARTICLE 7.2.

B) THE CONVENING OF THE SESSIONS AND THE FIXING OF THE AGENDA, TAKING INTO ACCOUNT, WHERE APPROPRIATE, THE REQUESTS OF THE OTHER MEMBERS MADE IN GOOD TIME.

C) CHAIR THE SESSIONS AND MODERATE THE DEVELOPMENT OF THE DEBATES.

D) EXERCISE THEIR RIGHT TO VOTE, DECIDING THE VOTE IN CASE OF A TIE.

AND) AGREE ON THE CONVENING OF THE EXTRAORDINARY SESSION.

F) MONITOR THE MINUTES AND CERTIFICATIONS OF THE GENERAL COUNCIL AGREEMENTS.

G) ENSURE COMPLIANCE WITH THE LAWS AND THE REGULARITY OF THE DELIBERATIONS.

H) ACCOUNT, FOR THE RELEVANT PURPOSES, OF THE MINISTER OF LABOUR AND SOCIAL SECURITY OF THE AGREEMENTS OF THE GENERAL COUNCIL SO THAT, IN CASE HE CONSIDERS THE ILLEGALITY OF THE AGREEMENTS, HE TAKES THE APPROPRIATE DECISION.

I) HOW MANY OTHER FUNCTIONS ARE INTRINSIC TO YOUR STATUS AS COUNCIL PRESIDENT.

ART. 5. POWERS OF THE VICE-PRESIDENTS.

1. IT IS FOR THE VICE-PRESIDENTS:

(A) ASSIST THE PRESIDENT WITH THE MEETINGS, JOINTLY WITH THE PRESIDENT AND THE SECRETARY-GENERAL OF THE COUNCIL.

B) REPLACE BY ORDER OF THE PRESIDENT IN CASES OF VACANCY, ILLNESS, ABSENCE OR OTHER CAUSES OF IMPOSSIBILITY.

C) EXERCISE THEIR RIGHT TO VOTE.

D) HOW MANY OTHER FUNCTIONS ARE INTRINSIC TO YOUR CONDITION AS COUNCIL VICE-PRESIDENT.

ART. 6. REPLACEMENTS, REPLACEMENTS AND CESSES OF MEMBERS.

1. THE ADMINISTRATION, THE TRADE UNIONS AND THE BUSINESS ORGANISATIONS REPRESENTED SHALL APPOINT ALTERNATE MEMBERS.

SUPPLY MUST BE JUSTIFIED IN WRITING BY THE RELEVANT COMPETENT BODY BEFORE THE GENERAL COUNCIL SECRETARIAT.

2. THE LOSS OF THE STATUS OF COUNSELLOR, WHERE APPROPRIATE, SHALL BE MADE IN WRITTEN COMMUNICATION, BY THE COMPETENT AUTHORITY, TO THE GENERAL SECRETARIAT.

ART. 7. DUTIES OF MEMBERS.

1. CORRESPONDS TO THE COUNSELORS:

A) TO EXPLAIN YOUR OPINION, MAKE PROPOSALS AND PROPOSE MOTIONS.

B) PREVIOUSLY KNOW THE ORDER OF THE DAY OF MEETINGS AND THE PRECISE INFORMATION ABOUT THE TOPICS INCLUDED IN THE.

(C) EXERCISING THEIR RIGHT TO VOTE, WITH THE POSSIBILITY OF STATING IN THE MINUTES THE ABSTENTION AND THE RESERVED VOTE, AS WELL AS THE REASONS JUSTIFYING IT.

WHEN THEY VOTE AGAINST AND RECORD THEIR REASONED OPINION, THEY SHALL BE EXEMPT FROM THE LIABILITY WHICH, WHERE APPROPRIATE, MAY BE DERIVED FROM THE AGREEMENTS OF THE COLLEGIATE BODY.

D) PARTICIPATE IN THE DEBATES OF THE SESSIONS.

E) FORMULATING PLEAS AND QUESTIONS.

F) THE RIGHT TO THE GENERAL INFORMATION NECESSARY TO DULY FULFIL THE FUNCTIONS ASSIGNED TO THE GENERAL COUNCIL.

TO THIS END, THEY MUST MAKE IN WRITING THE CORRESPONDING REQUEST ADDRESSED TO THE SECRETARIAT OF THE GENERAL COUNCIL, WITH A VIEW TO IT, AND AS SOON AS POSSIBLE, HOW MANY ANTECEDENTS AND DOCUMENTATION THEY REQUIRE. IF THIS IS NOT PROVIDED, THE MATTER SHALL BE CONSIDERED AT THE FIRST MEETING TO BE HELD BY THE STANDING COMMITTEE.

G) HOW MANY OTHER FUNCTIONS ARE INTRINSIC TO YOUR STATUS AS COUNSELORS.

2. MEMBERS SHALL NOT BE ENTITLED TO THE REPRESENTATION OR POWERS OF THE GENERAL COUNCIL UNLESS EXPRESSLY GRANTED TO THEM BY AGREEMENT OF THE COLLEGIATE BODY AND FOR EACH INDIVIDUAL CASE.

ART. 8. OF THE SECRETARY OF THE GENERAL COUNCIL AND OF THE STANDING COMMITTEE.

1. THE SECRETARY-GENERAL OF THE NATIONAL INSTITUTE FOR SAFETY AND HYGIENE AT WORK WILL ACT WITH A VOICE, BUT WITHOUT A VOTE, AS SECRETARY OF THE GENERAL COUNCIL OF THE INSTITUTE AND THE STANDING COMMITTEE.

THE DEPUTY DIRECTOR OF THE NATIONAL INSTITUTE OF SAFETY AND HYGIENE AT WORK WILL REPLACE THE SECRETARY OF THE GENERAL COUNCIL IN CASES OF ABSENCE, DISEASE OR VACANCY.

2. THE SECRETARIAT IS THE ONLY ADDRESSEE OF THE MEMBERS ' ACTS OF COMMUNICATION IN THE GENERAL COUNCIL AND, THEREFORE, THEY MUST BE SENT EVERY KIND OF NOTIFICATION, ACKNOWLEDGEMENT OF RECEIPT, EXCUSES FOR ASSISTANCE, REQUESTS FOR INFORMATION, CORRECTIONS OR ANY OTHER KIND OF WRITING FROM WHICH THE GENERAL COUNCIL IS REQUIRED TO BE INFORMED.

ART. 9. OF THE STANDING COMMITTEE.

1. IT IS THE BODY OF THE GENERAL COUNCIL, THE STANDING COMMITTEE, TO WHICH THE FOLLOWING FUNCTIONS CORRESPOND:

A) CONTROL AND FOLLOW-UP IN THE IMPLEMENTATION OF DECISIONS OF THE GENERAL COUNCIL.

B) RAISE, WITH THE RELEVANT REPORT, THE ANNUAL REPORT AND THE PRELIMINARY DRAFT BUDGET AND THE GENERAL LINES OF ACTION FOR EACH FINANCIAL YEAR.

C) EXERCISE AS MANY FUNCTIONS AS HAVE BEEN EXPRESSLY DELEGATED TO YOU BY THE GENERAL COUNCIL.

D) PROPOSE ANY MEASURES DEEMED NECESSARY FOR THE BEST PERFORMANCE OF THE PURPOSES OF THE BODY.

2. THE STANDING COMMITTEE SHALL MEET EVERY TWO MONTHS, AS SHALL ITS PRESIDENT, ON ITS OWN INITIATIVE OR AT THE REQUEST OF 20 PER 100 OF THE VOWELS, WITHOUT THE PRESIDENT OF THE COMMISSION BEING CALLED UPON TO DO SO.

3. FOR EACH ORGANISATION REPRESENTED AND BY THE ADMINISTRATION, WHERE APPROPRIATE, AN EXPERT MAY BE ASSISTED BY AN EXPERT IN ORDER TO ADVISE AND BE ABLE TO REPORT ON A PARTICULAR TOPIC WHICH HAS BEEN INCLUDED ON THE AGENDA. EXPERTS SHALL NOT BE ENTITLED TO VOTE.

ART. 10. COMPOSITION OF THE STANDING COMMITTEE.

THE PERMANENT COMMISSION WILL BE COMPOSED OF NINE VOWELS: THREE REPRESENTING THE TRADE UNIONS, THREE REPRESENTING THE BUSINESS ORGANISATIONS AND THREE REPRESENTATIVES OF THE PUBLIC ADMINISTRATION, ELECTED REPRESENTATIVES. TRADE UNION AND BUSINESS REPRESENTATIVES BETWEEN THE MEMBERS OF THE GENERAL COUNCIL. ITS PRESIDENT WILL BE THE DIRECTOR OF THE INSTITUTE, WHICH IS ALSO ONE OF THE MEMBERS OF THE PUBLIC ADMINISTRATION.

HE WILL ACT AS SECRETARY, WITH A VOICE, BUT WITHOUT A VOTE, THE SECRETARY OF THE GENERAL COUNCIL.

ART. 11. SPECIAL COMMITTEES.

THE GENERAL COUNCIL AND THE STANDING COMMITTEE MAY SET UP SPECIAL COMMITTEES, SUBJECT TO THE SAME CRITERIA OF REPRESENTATIVE AND ORGANIC COMPOSITION AS ESTABLISHED BY THE STANDING COMMITTEE, ASSISTED, WHERE APPROPRIATE, BY PERSONS. EXPERTAS. THOSE COMMITTEES MAY REQUEST, THROUGH THE SECRETARIAT-GENERAL, HOW MANY REPORTS AND OPINIONS THEY CONSIDER FOR THE PURPOSE.

THESE COMMISSIONS WILL HAVE THE TASK OF CARRYING OUT STUDIES AND PROPOSALS ON SPECIFIC OR MONOGRAPHIC TOPICS.

ART. 12. CALL.

1. IT IS FOR THE SECRETARY-GENERAL OF THE INSTITUTE TO CARRY OUT, IN ORDER OF THE RESPECTIVE PRESIDENT, THE APPROPRIATE NOTIFICATIONS AND CITATIONS.

2. THE CALLS SHALL BE MADE IN WRITING AND BY THE MOST APPROPRIATE MEANS TO ENSURE THAT THEY ARE PROPERLY RECEIVED IN ADVANCE, WHICH SHALL BE EIGHT WORKING DAYS FOR ORDINARY SESSIONS AND FIVE WORKING DAYS FOR EXTRAORDINARY SESSIONS. HOWEVER, THE PRESIDENT MAY, IN THE EVENT OF A SPECIAL URGENCY AND AN INDEFATIABLE NEED, ALTER THAT PERIOD, PROVIDED THAT HE GUARANTEES TO THE MEMBERS THE PRIOR AND SUFFICIENT KNOWLEDGE OF THE CALLS.

3. THE CALLS MUST COMMUNICATE THE DAY, TIME AND PLACE OF THE MEETING TO BE HELD, AS WELL AS THE AGENDA, AND INCLUDE, IN ANY CASE, THE APPROPRIATE DOCUMENTATION FOR PRIOR STUDY.

4. THE CITATION FOR THE FIRST CALL WILL INCLUDE THE SECOND ONE.

ART. 13. ORDER OF THE DAY OF THE SESSION.

1. THE AGENDA FOR THE ORDIANRIAN SESSIONS SHALL CONTAIN THE READING AND, WHERE APPROPRIATE, THE APPROVAL OF THE MINUTES OF THE PREVIOUS SITTING AND THE OTHER ITEMS TO BE AGREED BY THE PRESIDENCY.

2. NO MATTER WHICH IS NOT INCLUDED ON THE AGENDA MAY NOT BE SUBJECT TO AN AGREEMENT UNLESS ALL MEMBERS OF THE COLLEGIATE BODY ARE PRESENT AND THE URGENCY OF THE MATTER IS DECLARED BY MAJORITY VOTE.

3. THE ORDER OF THE DAY OF THE SESSIONS WHICH SHALL BE MADE EXTRAORDINARY SHALL CONTAIN THE ITEMS PROPOSED BY THE PRESIDENT OR, WHERE APPROPRIATE, BY THE MEMBERS WHO HAVE REQUESTED IT.

4. THE STANDING COMMITTEE MAY AGREE TO THE INCLUSION OF CASES ON THE AGENDA OF THE ORDINARY SESSIONS OF THE GENERAL COUNCIL, ON A PROPOSAL SIGNED BY 20 PER 100 OF THE MEMBERS.

ART.14. OF THE MEETINGS OF THE GENERAL COUNCIL AND THE STANDING COMMITTEE.

1. THE GENERAL COUNCIL AND THE STANDING COMMITTEE SHALL BE VALIDLY UNDERSTOOD WHEN AT LEAST TWO-THIRDS OF THE MEMBERS OF THE GENERAL COUNCIL OR ONE OF THE OTHER HALF-MEMBERS ARE AT LEAST ONE.

2. THE AGREEMENTS WILL BE ADOPTED BY AN ABSOLUTE MAJORITY OF THE ASSISTANTS AND WILL LEAD THE TIES TO THE PRESIDENT ' S VOTE.

HOWEVER, TO APPROVE THE PRELIMINARY DRAFT BUDGET AND ANNUAL MEMORY AND TO DRAW UP THE INSTITUTE ' S CRITERIA FOR ACTION, AS WELL AS MOTIONS WHICH MAY BE SUBMITTED AND WHICH REFER TO THE ABOVE ISSUES, IT WILL REQUIRE THE VOTE OF THE ABSOLUTE MAJORITY OF THE MEMBERS OF THE GENERAL COUNCIL.

3. THE VOTE WILL BE INDIVIDUAL AND SECRET, UNLESS THERE IS UNANIMITY AMONG THE COUNCILORS ON THE PROPOSED ISSUE.

4. A MINUTES SHALL BE DRAWN UP FOR EACH MEETING, CONTAINING THE INDICATION OF THE PERSONS IN ATTENDANCE, THE PERSONS WHO HAVE SPOKEN, THE CIRCUMSTANCES OF THE PLACE AND THE TIME AT WHICH IT HAS BEEN HELD, THE MAIN POINTS OF THE DELIBERATION IN A SUCCINCT MANNER AND SUBSTANTIAL, THE FORM AND RESULTS OF THE VOTE AND THE CONTENT OF THE AGREEMENTS.

IN ACCORDANCE WITH ARTICLE 7 (1) (B), THE MEMBERS OF THE COUNCIL MAY, IN THE MINUTES, RECORD THEIR VOTE AGAINST THE AGREEMENT ADOPTED OR THEIR ABSTENTION AND THE REASONS FOR WHICH THEY JUSTIFY IT.

THE MINUTES SHALL BE DRAWN UP AND SIGNED BY THE SECRETARY-GENERAL, WITH THE APPROVAL OF THE PRESIDENT, AND SHALL BE ADOPTED IN THE FOLLOWING SESSION, ACCOMPANIED IN THIS CASE BY THE CORRESPONDING TEXT OF THE MINUTES OF THE CALL.

5. ANY MEMBER OF THE GENERAL COUNCIL, INCLUDING THE SECRETARY-GENERAL, HAS THE RIGHT TO REQUEST THE FULL TRANSCRIPT OF HIS SPEECH AT EACH SESSION PROVIDED THAT HE PROVIDES THE ACT WITH THE EXACT AND ACCURATE WRITTEN TEXT WITH HIS OR HER INTERVENTION, THUS BEING RECORDED IN THE ACT AND JOINING AUTHENTICATED COPY OF THE DOCUMENT.

ART. 15. OF THE PROVINCIAL COMMITTEES.

1. THE PROVINCIAL COMMITTEES OF THE GENERAL COUNCIL OF THE NATIONAL INSTITUTE FOR SAFETY AND HYGIENE AT WORK SHALL BE COMPOSED OF:

A) THREE MEMBERS REPRESENTING THE MOST SIGNIFICANT TRADE UNIONS IN PROPORTION TO THEIR REPRESENTATIVENESS.

B) THREE VOCAL BY THE MOST REPRESENTATIVE BUSINESS ORGANIZATIONS.

C) THREE VOCAL REPRESENTATIVES OF THE PUBLIC ADMINISTRATION.

THE REPRESENTATIVENESS REFERRED TO IN PARAGRAPHS (A) AND (B) IS UNDERSTOOD TO BE ASSIGNED IN ACCORDANCE WITH THE LEGISLATION IN FORCE.

2. THE REPRESENTATIVES OF THE ADMINISTRATION, INCLUDING THE CHAIRMAN AND VICE-PRESIDENT OF THE COMMISSION, SHALL BE APPOINTED BY THE COMPETENT AUTHORITY.

ART. 16. THE PROVISIONS OF CHAPTER II, TITLE I, OF THE LAW OF ADMINISTRATIVE PROCEDURE OF 17 JULY 1958, SHALL APPLY AS FAR AS IS NOT PROVIDED FOR IN THESE RULES.

TRANSIENT DISPOSITION

THE PROVINCIAL COMMISSIONS REFERRED TO IN ARTICLE 15, ONCE THE CRITERIA FOR ACTION BY THE INSTITUTE HAVE BEEN ESTABLISHED, SHALL BE CONSTITUTED BY THE MINISTRY OF LABOUR AND SOCIAL SECURITY WITHIN FOUR MONTHS OF THE DAY. FOLLOWING ITS PUBLICATION IN THE "OFFICIAL STATE BULLETIN", WITHOUT PREJUDICE TO THE COMPETENCIES THAT CORRESPOND TO THE AUTONOMOUS COMMUNITIES.

FINAL DISPOSITION

THIS ORDER SHALL ENTER INTO FORCE THE DAY FOLLOWING ITS PUBLICATION IN THE "OFFICIAL STATE BULLETIN".

MADRID, JANUARY 25, 1985. -ALMUNIA AMANN.