Key Benefits:
Order TAS/3623/2006 of 28 November, which regulates preventive activities in the field of social security and the financing of the Foundation for the Prevention of Occupational Risks, establishes that the Secretariat of State of Social Security may entrust to the National Institute of Safety and Hygiene at Work, in its capacity as administrative, scientific and technical agency of the General Administration of the State and national in the field of safety and health at work, the development of programmes and activities preventive measures included in the protective action of social security through the legal instruments which in each case proceed.
In the light of the results obtained by the previous ones attributed to the aforementioned Institute, this Secretariat of State maintains its interest in continuing to disthink the companies of less than ten workers from the service of the Social security referred to as "Prevention10.es", in order to facilitate the development of the complex tasks which carry the obligations which correspond to them in the field of occupational risk prevention. In this year 2013, the novelty of including new sectors of economic activity is incorporated into the service and to extend it to the self-employed who do not have employees employed in their capacity.
"Prevention10.es" comprised during the year 2012 the functional areas "Evalua-t", "Stop occupational risks" and "T-forms". Through this management mandate, the areas are expanded, including a new tool called "Autoprevent", whose functionalities make it easier for the self-employed, without workers, to provide the necessary technical advice for the compliance with their duties on the prevention of occupational risks, as well as to promote training in this specific subject and adapted to the specific characteristics of that collective of self-employed workers.
In this sense, the actions in the framework of "Autoprevent" would understand the adaptation of the forms corresponding to the sectors of economic activity available, contemplating the particularities of this collective, thus the inclusion of specific forms relating to painters, plaster, decorators and office cleaning.
Also through the management mandate for the year 2013, the tool "Evalua-t" is expanded, incorporating the forms related to higher sectors of economic activity, the most in demand, among them, in addition of various specific sectors of retail trade, others such as moving services, road and taxi transport, repairs of electrical appliances, self-schools or agriculture in greenhouses. Thus, during 2013, the corresponding forms for thirty-six sectors of activity could be incorporated.
As regards the service "T-forms", a plan for the training of entrepreneurs falling within the scope of "Prevention10.es", adopted by Resolution of 14 November 2012, of the Directorate-General for Social security, part was implemented in 2012 and the rest would be developed during 2013, so that the amount of compensation authorized to this end for that last year (95,409.00 euros), which did not come to be delivered to the Institute, will be incorporated to that of the entrustment of activities that for this year is carried out by the Secretary of State of the Security Social.
Finally, the personal and business data of users who access the "Prevention10.es" service are exclusively reserved for their purposes, thus prohibiting their use for other purposes, as well as their use. transfer to administrative areas other than those identified in this resolution.
Therefore, given that this Secretariat of State considers it necessary, for the purposes of the public interest to be protected, to provide the assistance to small businesses and the self-employed workers with the assistance referred to, and having In the light of the nature attributed to the National Institute of Safety and Hygiene in the Work of its own means and technical service of the General Administration of State, in accordance with the provisions of the Second Article. Seventeen. of the Royal Decree 577/1982 of 17 March, governing the structure and powers of the National Institute of Safety and Health at Work, it is considered appropriate to attribute to it the management of this service of Social Security and of the computer media in which it is supported, without prejudice to the ownership of the same corresponding to the unique patrimony of Social Security.
Consequently, this Secretary of State for Social Security, in accordance with the provisions of Article 6 of Order TAS/3623/2006, November 28, which regulates preventive activities in the field of social security, Social security and the financing of the Foundation for the Prevention of Occupational Risks, in relation to articles 24.6 and 4.1.n) of the recast text of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011, of 14 November, resolves:
First.
1. The Secretariat of State for Social Security entrusts the National Institute of Safety and Hygiene at Work with the management, during the year 2013, of the public service called "Prevention10.es", of which it is the holder, the object of which is to assist companies of less than ten employees and self-employed workers without employees in charge, through the internet mainly, in the fulfilment of their obligations in the field of occupational risk prevention.
The service is structured in the following functional areas:
"Evalua-t", the purpose of which is the establishment by the company of the prevention plan, the risk assessment and its planning, as well as the adaptation of the existing ones, in the companies of less than ten workers.
"Stop Job Risks", a telephone service for small business assistance and guidance.
"T-forms", consisting of a training plan for the small entrepreneur so that he can personally take on the management of the prevention of occupational risks.
"Autoprevent", a new tool that is incorporated in this year 2013, which facilitates the self-employed without employees in charge of the technical advice necessary for the fulfillment of their duties and obligations established in the Law 31/1995, of 8 November, on the Prevention of Occupational Risks, and which promotes specific training in the prevention of occupational risks, adapted to the peculiarities of such workers.
2. The management mandate includes the following activities:
a) Software and hardware maintenance of "Prevention10.es".
b) Maintenance of systems to ensure the proper functioning of the servers, databases, electronic signature platform and support service of the "Prevention10.es" applications.
c) Corrective/evolutionary maintenance to address the changes needed to correct possible errors in service delivery, as well as incorporate, modify or eliminate aspects of the service to meet the needs of usage.
d) Realization of the graphical scenarios corresponding to the new activity sectors that are incorporated into the different tools.
e) Provision of the telephone service to the user "Stop occupational risks" in order to provide technical assistance, both on the way to use the service "Prevention10.es", and on the subject matter of said service, security and health at work.
(f) Development of the "T-forms" plan, which is intended for the training of entrepreneurs falling within the scope of "Prevention10.es", which was authorised by the Resolution of 14 November 2012, from the Directorate-General for Regional Planning Social Security.
g) Managing the user-generated automatic incidents of "Evaluate-t" and "Autoprevent", for the adaptation of the forms to the reality of the entrepreneur and/or self-employed worker.
h) Elaboration of the forms of the new sectors of activity that are incorporated into the tools "Evaluate-t" and "Autoprevent", in order to increase the number of potential users of the service "Prevention10.es".
3. The assistance and services identified will not generate subjective rights as actions of a caring nature.
4. The data for the companies, as well as the identification of the users to be provided for the access to the service "Prevention10.es" and for the use of the various computer applications, will be of a confidential nature, covered by guarantees of reservation and exclusive dedication to the purposes of the service provided for in this resolution; obligations which must be respected by the National Institute of Safety and Hygiene at Work, as the service manager, by the Secretary of State for Social Security, as head of the service, and the Directorate-General for Management of Social Security, as an organ to which the means for the provision and management of the said service are attached.
5. Companies may obtain the documentary printing of the above plan, assessment and planning, as well as their adaptations, which shall be fully effective for the purposes of compliance with the documentary obligations laid down in Article 23 of this Regulation. Law 31/1995 of 8 November.
Second.
The hardware and software ownership of the currently existingPrevention10.esservice, as well as new hardware and software items that might be purchased or contracted for execution entrusts, they correspond to the General Treasury of Social Security and will be assigned by it to the Directorate General of Social Security Management for the development of the functions that are entrusted to the National Institute of Security and Hygiene at Work. To this end, the aforementioned Institute, General Treasury and Directorate-General shall develop the necessary actions for the identification and inventory of all the elements mentioned in favour of the aforementioned Common Service of Social Security.
The National Institute of Safety and Hygiene at Work will give the Directorate General of Social Security Management the elements it acquires or contracts for the purposes of the service from the resources foreseen in the This resolution, for registration and inventory by the General Treasury of Social Security.
Third.
All activities and services will be developed directly and exclusively by the National Institute of Safety and Hygiene at Work, due to its nature of social security benefits of a welfare nature, which does not generate subjective rights, without prejudice to the authorisation of the Agency to engage with specialised companies to carry out the necessary services and activities.
In the last case referred to above, the Institute shall report to the Directorate-General for Social Security Management of the activities entrusted to it, or part thereof, whose execution is contracted with specialized companies, as well as the cost of each of them.
Fourth.
The compensation to the National Institute of Safety and Hygiene at Work for the management of the services and activities described in the first settlement is set at one million twenty thousand eight hundred and twenty-six euros (1,020,826.00 €).
The compensation includes: the cost of the staff; the means and infrastructure allocated by the Institute for the development of the activities, calculated by application of an hour/technical cost of EUR 60.10; the cost of the materials, equipment and software to be purchased, where appropriate; the cost of the work which is necessary to contract because the Institute cannot be carried out with its own means; and other direct costs not included in the cost/technical cost. The breakdown of the compensation for the various activities entrusted is as follows:
| Compensation by application of the time/technical cost | Rest compensation - (Euros) | Total Compensation -
(Euros) | ||
|---|---|---|---|---|
|
Amount | ||||
|
a) | 100 | 6,010.00 | 193.500.00 | 199.510.00 |
| 75 | 4,507.50 | 106.000.00 | 110.507.50 | |
|
Paragraph c) | 95 | 5.709.50 | 170,000.00 | 175.709.50 |
| 30 | 1.803.00 | 20,000.00 | 21.803.00 | |
|
2.650 | 159.265.00 | 5.000.00 | 164.265.00 | |
| Paragraph f) | 90 | 5.409.00 | 90.000.00 | 95.409.00 |
|
700 |
0,070.00 | 0.00 | 42.070.00 | |
| Paragraph h) | 3,520 | 211.552.00 | 0.00 | 211.552.00 |
| Total | 7.260 | 436.326.00 | 584.500.00 | 1.020.826.00 |
Fifth.
In accordance with the provisions of Article 6 of Order TAS/3623/2006 of 28 November 2006, compensation for the development of the activities entrusted to the National Institute for Safety and Hygiene at Work in the resolves first to be funded from the Prevention and Rehabilitation Fund.
To this end, and in order for the aforementioned Institute to manage the corresponding appropriations in its budget for 2013, the General Treasury of Social Security will give the total amount of the compensation set to the resolves fourth after the resolution is signed.
Sixth.
On the web pages and documents of the service "Prevention10.es", the logo of the Ministry of Employment and Social Security will appear, followed by the identification of the Secretariat of State of Social Security and the Directorate General of Social Security Management, also inserting the identification of the National Institute of Safety and Hygiene at Work as the service's managing body.
Seventh.
The Directorate-General for Social Security Management shall perform the tasks of coordinating the development of the activities entrusted to it, as well as monitoring its implementation.
Eighth.
Before 31 March 2014, the National Institute for Safety and Hygiene at Work will provide detailed information to the Directorate-General for Social Security Management, with the format and content it sets out, on the preventive activities carried out in 2013 and the level of use by the users of the various services that make up the Prevention10.es, as well as the cost of those activities, with the aim of to obtain the conformity of that Directorate-General in relation to the implementation of the activities and the settlement of related expenses.
In the event that the cost of carrying out the preventive activities developed is less than the compensation provided for in this resolution, the resulting difference will be entered by the National Security Institute. Hygiene at Work in the Prevention and Rehabilitation Fund at the time of providing the information indicated.
Ninth.
Doubts that may arise in the interpretation and application of the provisions of this resolution will be resolved by the Directorate-General for Social Security Management.
Also, on a proposal from the National Institute of Safety and Hygiene at Work, the Directorate-General for Social Security Management may authorize, provided that the total compensation fixed in the fourth is not exceeded, the modification of the amounts of the compensation allocated in that solution for the development of each of the activities.
Madrid, 22 February 2013.-The Secretary of State for Social Security, Tomás Burgos Gallego.
