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Resolution Of May 13, 2015, Of The State Secretariat Of The Security Social, Which Is Entrusted To The National Institute Of Safety And Hygiene At Work, The Year 2015, The Management Of The Social Security Service Called...

Original Language Title: Resolución de 13 de mayo de 2015, de la Secretaría de Estado de la Seguridad Social, por la que se encomienda al Instituto Nacional de Seguridad e Higiene en el Trabajo, durante el año 2015, la gestión del servicio de la Seguridad Social denominad...

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TEXT

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, as a scientific and technical agency specialized of the General Administration of the State and national reference center in the field of Health and safety at work, the development of preventive programs and activities In the context of the protection of social security, the legal instruments which, in each case, come from the scope of the provision of services related to the prevention and control of the social security system, professional contingencies provided for in Article 75 (1) (a) of the recast text of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

Through the information provided in previous years, the service entitled "Prevention10.es" was developed and launched.

In 2014, the platform's adaptation work began ("Prevention25.es ") In order to ensure that, after the entry into force of Law 14/2013 of 27 September, support for entrepreneurs and their internationalisation, it could be used by the new potential users of the same, the companies of up to twenty-five workers in The employer, in accordance with the legal provisions, can personally assume prevention in his company, and this utility, from now on, is integrated into the service "Prevention10.es".

The service that is dispensed through this tool has the following fundamental objectives:

(a) Reduce administrative burdens with respect to the reporting obligations established by Law 31/1995 of 8 November on the Prevention of Occupational Risks.

b) Helping small businesses to better meet their obligations in the field of prevention, reducing their costs and simplifying their compliance.

c) Facilitate companies that require the assumption of preventive activity in cases permitted by law or, where appropriate, the presence of designated workers for the performance of such preventive activity.

In the field of Social Security competences, this Secretariat of State, as in previous years, maintains an interest in continuing to disthink the companies mentioned in this service, in order to facilitate the the development of the complex tasks which carry out the obligations incumbent upon them in the field of occupational risk prevention.

The Secretary of State for Social Security considers it appropriate, for the purposes of the public interest to protect, to provide assistance to small businesses to carry out the evaluation of the risks presented by them. their productive activities and the planning of the concrete measures conducive to the control and reduction of the same, or the actions that they may have established, with the provision of the IT tools created for the purpose, which lend support and serve the development of the reference service. On the other hand, taking into account the nature attributed to the National Institute of Safety and Hygiene in the Work of its own medium and technical service of the General Administration of State, highly qualified in this matter, according to Article 2.17 of Royal Decree 577/1982 of 17 March 1982 governing the structure and powers of the National Institute for Safety and Health at Work is considered appropriate to attribute to the management of the service and the computer media in which it is supported, without prejudice to its ownership by the Treasury General of Social Security, as the holder of 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 Secretary of State for Social Security entrusts the National Institute of Safety and Hygiene at Work with the management of the public service called "Prevention10.es" during the year 2015. The purpose of this public service, which is owned by the Ministry of State, is the provision of assistance to businesses of up to twenty-five workers who fulfil the conditions under which the employer may assume responsibility. personally, the preventive activity, through the Internet mainly, so that they can carry out the prevention plan, the evaluation of occupational risks and the planning of the preventive activity, according to the risks existing in the sector of the economic activity to which they belong and the characteristics of their organisation and their centres as well as the monitoring and adaptation of these risks in accordance with the provisions laid down in Law 31/1995 of 8 November on the Prevention of Occupational Risks. The service also includes assistance to self-employed workers to provide them with tools and advice to improve their compliance with their obligations in the field of coordination of business activities, in accordance with Article 24 of Law 31/1995 of 8 November.

The service is structured in the following functional areas:

"Evaluate-t", the object of which is the establishment by the company of the prevention plan, the risk assessment and the planning of the preventive activity, as well as the adaptation of the existing ones.

"Stop job risks", telephone service of assistance and guidance to the target company of "Prevention10.es".

"Instruye-t", consisting of a platform to develop the training plan for the entrepreneur, so that he can personally take on the management of occupational risk prevention.

"Autoprevent", a tool that facilitates the self-employed without employees in charge of the technical advice necessary for the performance of their duties and obligations set out in Law 31/1995, November 8, and which promotes specific training in the prevention of occupational risks, adapted to the specific characteristics of such workers.

2. The public service "Prevention10.es" is intended for the holders of companies of up to twenty-five employees, as well as self-employed workers without employees, so that they can take on their duties as (a) they are to be carried out in the field of occupational risk prevention in their respective workplace. Therefore, the aforementioned tools must be used by the owner of the company or by the self-employed person for their application in his company, being subject to the validity and effectiveness of the documents that are obtained these conditions.

3. The management mandate includes the following activities:

a) Maintenance of corrective and evolutionary development of "Prevention10.es", including extension to companies of up to twenty-five workers and incorporating the data processing of the statistical tool intended for to facilitate the generation of reports relating to the exploitation of results.

b) Maintenance of "Prevention 10.es" software and hardware.

c) Provision of the service of user assistance of a computer character and extension of the telephone service "STOP occupational risks", in order to extend the advice on the management of occupational risks to companies of up to 25 workers.

d) Upgrading the hardware and software.

e) User-generated automatic incident management of the "Prevention10.es" tools for the adaptation of existing forms in the service to the reality of the users.

f) Elaboration of the graphical environments corresponding to the new activities incorporated in "Evaluate-t" and "Autopreview-t".

g) Improvement and updating of the online training platform for entry-level training for entrepreneurs registered in "Evaluate-t", including the addition of ten new interactive videos to the "T-Shapes" module for specific risks corresponding to ten new types of activity.

h) Impartition by the National Institute of Safety and Hygiene at Work of basic level training for entrepreneurs through the training platform "on line" of "Prevention10.es".

i) Incorporation of forms for ten new activities, aimed at the "Autoforesee-t" tool for self-employed workers, and six new activities aimed at the "Evaluate-t" tool for small businesses.

j) Dissemination of the public service "Prevention10.es".

4. The assistance and services identified will not generate subjective rights as actions of a caring nature.

5. The data obtained for the access and use of the various computer applications will be of a confidential nature and will be reserved for their exclusive dedication to the service "Prevention10.es", being obliged the National Institute of Security e Hygiene at Work, as the manager of the services, the Secretary of State for Social Security, as the head of the services, and the Directorate-General for the Management of Social Security, as the body to which the resources allocated to the the provision and management of those, to ensure the confidentiality and reservation of data.

6. Companies will be able to obtain documentary printing of their prevention plan, their assessment of occupational risks and their planning of preventive activity, as well as their adaptations, which will have full effectiveness for the purposes of the documentary obligations laid down in Article 23 of Law 31/1995 of 8 November.

Second.

The ownership of the hardware and software of the services whose management is currently entrusted, as well as the new hardware and software elements that could be acquired or contracted for the execution of this 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. For such purposes, the abovementioned bodies and management centres shall develop the necessary actions for the identification and inventory of all the elements mentioned in favour of the common social security service.

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.

1. All the 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, which do not generate rights. subjective, 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.

2. The "Prevention10.es" public service training plan will be provided by the National Institute for Safety and Hygiene at Work through the "Instruye-t" platform.

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 five hundred and forty thousand twenty euros (€ 1,540,020.00).

Compensation comprises:

The cost for the application of the tariff set by the Resolution of 24 October 2014, of the Secretary of State for Employment, for which the rates of the National Institute of Safety and Hygiene at Work are approved.

The cost of jobs that need to be contracted because you cannot perform them with your own media.

The breakdown of compensation for the various activities entrusted is as follows:

Activity

resolver first.3

Cost Application Compensation

(€ 58.00)

Rest Compensation

(euros)

Total Compensation

(euros)

Technician/

technician

Amount

(euros)

a)

1,600

92,800.00

150,000.00

242,800,00

b)

500

29,000.00

120,000.00

149,000.00

c)

6,600

382,800.00

40,000.00

422,800,00

Paragraph d)

60

40.000.00

40.000.00

40.000.00

e)

2,800

162.400.00

0.00

162.400.00

30

30

30

Table_table_der" >1.740.00

15,000.00

16.740.00

g)

200

11,600,00

90.000.00

101.600,00

3,200

3,200

185.600,00

0.00

185.600,00

i)

2,200

127.600,00

0.00

127.600,00

1,000

1,000

Table_table_der" > 58,000.00

30,000.00

88,000.00

Total

18.190

1,055,020.00

485.000.00

1.540.020.00

Fifth.

In accordance with the provisions of Article 75 (1) (a) of the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June, and in Article 6 of Order TAS/3623/2006, November 28, by which preventive activities in the field of Social Security and the financing of the Foundation for the Prevention of Occupational Risks are regulated, compensation for the development of preventive activities entrusted to the National Institute of Safety and Hygiene at Work in the first solution will be financed from the Social Security Contingency Fund.

To this effect, and in order for the aforementioned Institute to manage the corresponding credits in its budget for 2015, Treasury of Social Security will proceed to the delivery of ten percent of the the total amount of the compensation set out in the fourth resolution of this resolution, following the signature of this resolution, for the necessary preparatory operations.

According to the National Institute of Safety and Hygiene at Work, the performance of the services will be paid, the corresponding amounts will be paid to the same, with the deadline for the presentation of such justifications on 15 December 2015 and the costs to be justified in the first place as regards the amount of the ten per cent given.

Sixth.

On the web pages and documents of the service "Prevention10.es" will appear the logo of the Ministry of Employment and Social Security, followed by the identification of the Secretariat of State of Social Security and the General Directorate Social Security Management, including 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 2016, the National Institute for Safety and Hygiene at Work will provide detailed information to the Directorate-General for Social Security Management on the preventive activities entrusted to it. developed in 2015 and the level of use by users of the "Prevention10.es" service.

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 resolution is not exceeded. fourth, the modification of the amounts of the compensation allocated in the said solution for the development of each of the activities, where necessary to ensure the provision of the service and due to unforeseen oversold causes initially. In any case, the authorisation shall be applied for in advance of the approval of the expenditure by the contracting authority.

Madrid, May 13, 2015. -Secretary of State for Social Security, Tomas Burgos Gallego.