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Royal Decree 901/2015, Of 9 October, Amending The Royal Decree 843/2011, 17 June, Laying Down The Basic Criteria On The Organization Of Resources To Develop Health Services Pre Activity...

Original Language Title: Real Decreto 901/2015, de 9 de octubre, por el que se modifica el Real Decreto 843/2011, de 17 de junio, por el que se establecen los criterios básicos sobre la organización de recursos para desarrollar la actividad sanitaria de los servicios de pre...

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Article 31.5 of Law 31/1995 of 8 November on the prevention of occupational risks provides that, in order to act as preventive services, specialised entities must be accredited by the employment authority, which shall be unique and valid throughout the Spanish territory, by verifying that they meet the requirements to be laid down in regulation and after approval of the health authority as regards the aspects of the health.

Law 20/2013, of 9 December, of guarantee of the market unit, enshrines the principle of effectiveness throughout the national territory, according to which any legally established operator will be able to exercise its activity without requiring further authorisations or additional formalities from other competent authorities. In particular, Article 20 (1) of the Act provides that it will be fully effective throughout the national territory, without the need for the economic operator to carry out any further processing or meet new requirements, all means of intervention competent authorities which allow access to or exercise of an economic activity, or credit the fulfilment of certain qualities, qualifications or circumstances, and in particular paragraph (a) of that Article states that they shall have full efficiency throughout the national territory, without the economic operator being required to comply with the new requirements, authorisations, licences, ratings and professional qualifications obtained from a competent authority for the access or pursuit of an activity, for the production or placing on the market of a good, product or service.

This principle of effectiveness is not, however, applicable to authorisations, responsible statements and communications linked to a particular installation or physical infrastructure. This is provided for in Article 20.4 of the same law which, however, determines that where the operator is legally established elsewhere in the territory, the authorisations or declarations responsible may not include requirements which do not are specifically linked to the installation or infrastructure.

Law 20/2013, of 9 December, includes a mandate to adapt the existing provisions with legal and regulatory status to the provisions of the law, according to which, after evaluating both Royal Decree 843/2011, 17 of This is the first time that the Commission has been able to take the necessary steps to ensure that it is able to carry out its activities in the field of health and safety at the level of the European Union. prevention services, it has been identified that due to differences in the interpretation and application of the rules, by several autonomous communities additional requirements are being required for prevention services which, in practice, involve new authorisations incompatible with both Law 31/1995 of 8 November and Law 20/2013 of 9 December. This is why it is necessary to make some specific amendments to Royal Decree 843/2011 of 17 June, so that no doubts are raised that they continue to lead different authorities to request new requirements which are not compatible with the Treaty. the principles set out in those laws are met.

In turn, the experience gained in the application of these provisions recommends addressing changes that clarify and encourage a homogeneous application of the regulatory framework of the matter throughout the territory. national.

Therefore, the sole article proceeds with the amendment of Royal Decree 843/2011 of 17 June, with the aim, first of all, of clarifying that the quantification of workers must be considered as a whole, without the The territorial scope, understood in the sense of administrative geographical division, can be the decisive criterion in the field and that up to two thousand workers will be necessary a Basic Health Unit (UBS) for the service of prevention, with independence of how you organise and execute your activity, without requiring a PHU in each geographical demarcation, either autonomous community or provinces, in which the prevention service develops the health activity, nor can more than one UBS be required by the competent authorities to care for two thousand workers.

Having, moreover, in mind that they are already accredited for the entire territory after initial accreditation, if a specialized entity is not going to have sanitary facilities in the field of a particular autonomous community, it is not appropriate to request authorisation from the health authority of the same. The rules allow the health authorities to authorise installation conditions and to check whether they meet the requirements laid down for the proper performance of their duties, but not to decide whether a specialised entity has to dispose of sanitary facilities in a given territorial area.

In these cases, it is the non-foreign prevention services that decide where to install resources, without being able to demand resources in the four specialties to be able to act in a specific autonomous community, and without prejudice to compliance with the ratios required by the standard.

Thus, in accordance with Article 2.2 of the aforementioned Royal Decree 843/2011 of 17 June, prevention services will only have to obtain the relevant authorities of the competent health authorities in the communities. In the case of the health facilities, the Autonomous Community is autonomous, not national, as set out in Article 3 of Royal Decree 1277/2003 of 10 October 2003, of a general basis on authorisation of health centres, services and establishments.

Secondly, to simplify the assumptions in which collaboration agreements can be concluded, in the interests of greater legal certainty for both the non-foreign prevention services and the competent authorities at the time to check the legality of the same.

Third, to maintain the possibility for the health authority to verify the quality, sufficiency and adequacy of the health activity carried out by the non-foreign prevention services.

The communication to the health authorities is provided for as long as the alert system is not fully operational.

The final provision first refers to the constitutional attribution of powers.

The final disposition second sets the enablement for regulatory development.

Finally, the third final provision states the entry into force after publication in the "Official State Gazette".

In the elaboration of this royal decree have been consulted the autonomous communities and the cities of Ceuta and Melilla, the most representative trade union and business organizations, the scientific societies of medicine and the nursing work, epidemiology and public health, and the Consumer and Users Council. The Spanish Data Protection Agency has also issued its mandatory report and the National Commission on Safety and Health at Work has been heard. It has also been informed by the Advisory Committee of the Interterritorial Council of the National Health System and the Interterritorial Council of the National Health System.

This royal decree is issued in accordance with Article 6 of Law 31/1995 of 8 November, and with Article 19 of Law 14/1986 of 25 April, General of Health.

In its virtue, on the proposal of the Minister of Health, Social Services and Equality and the Minister of Employment and Social Security, with the prior approval of the Minister of Finance and Public Administrations, according to the Council of State and prior deliberation of the Council of Ministers at its meeting on 9 October 2015,

DISPONGO:

Single item. Amendment of Royal Decree 843/2011 of 17 June establishing the basic criteria for the organisation of resources for the development of the health activity of preventive services.

Royal Decree 843/2011 of 17 June establishing the basic criteria for the organisation of resources for the development of the health activity of prevention services is amended as follows: terms:

One. The first subparagraph and Article 4 (3) (a) shall be worded as follows:

" 3. The number of health professionals and their timetable will be appropriate to the characteristics of the working population to be monitored and to the risks involved. It is considered a Basic Health Unit (UBS), consisting of a working or business physician and a business or work nurse, a full day. The minimum allocation of healthcare professionals will be as follows:

a) Up to two thousand workers, one UBS. "

Two. Article 6 is worded as follows:

" Article 6. Collaboration agreements between other prevention services.

Non-foreign prevention services may adopt cooperation agreements with each other for the provision of health activities to the undertakings concerned, in order to provide effective cover, where appropriate the reasons for the dispersal or remoteness of the work centres of those undertakings concerned with regard to the place of establishment of the main facilities of the main prevention service. In no case shall the cost of the measures resulting from the partnership agreements be borne by the workers concerned. "

Three. Article 11 (2) is worded as follows:

" 2. The health authority shall assess the health activity of the prevention services, checking their quality, adequacy and adequacy.

To this end, non-foreign prevention services shall communicate to the competent health authority the calendar and the place where the following health activities are to be carried out:

(a) Activities in the field of health surveillance referred to in Article 37.3.b) 3. of Royal Decree 39/1997 of 17 January, approving the Regulation of the Prevention Services.

(b) The training programmes referred to in Article 3.1.f of Royal Decree 843/2011 of 17 June 2011 laying down the basic criteria for the organisation of resources for the development of health prevention services.

(c) Any other "in situ" verification activities that could derive from the participation set out in Article 3.1.k) of Royal Decree 843/2011 of 17 June 2011.

In the event that the work centre and the place where such activities are carried out are not in the same autonomous community or are carried out in mobile units, the communication must be addressed to the authorities. health of the autonomous communities concerned.

The communication to the competent health authority shall be made at least 30 days in advance of the date of completion of the health activity concerned, and this obligation may be deemed to be fulfilled if the (a) communication shall be carried out by the means laid down in Article 28 of the Prevention Services Regulation. "

Single transient arrangement. Communication to the health authorities.

The communication referred to in Article 11.2 of Royal Decree 843/2011 of 17 June 2011 shall be addressed to the competent health authorities as long as it is not fully operational, in the electronic system of prevention services data recording intercommunication, an automatic mechanism that warns those authorities of the presentation of communication on such a system.

Final disposition first. Competence title.

This royal decree is dictated by the article 149.1.7. of the Spanish Constitution which establishes the exclusive competence of the State in matters of labor law and of article 149.1.16. attributes to the State the competencies on the basis and general coordination of health.

Final disposition second. Enabling regulatory development.

The holders of the Ministries of Health, Social Services and Equality and Employment and Social Security are enabled to jointly dictate the provisions necessary for implementation and development. of this royal decree, which must be carried out by royal decree in the event that it affects the basic criteria.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on October 9, 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON