Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10928
Article 31.5 of the law 31/1995 of 8 November, de Prevención de Riesgos Laborales, has to be able to act as prevention services, specialized institutions should be, subject to accreditation by the labour authority, it will be unique and valid throughout the Spanish territory, by checking that meet the requirements established by law and prior approval from the health authority in terms of aspects of health.
Law 20/2013, of 9 December, guarantee of the unity of market, enshrines the principle of efficiency throughout the national territory, pursuant to which any legally established operator may exercise their economic activity without that fit demand new authorizations or additional paperwork from other different competent authorities. In particular, article 20.1 of the Act provides that they will be fully effective in throughout the national territory, without which the economic operator perform any additional processing or meet new requirements, all means of intervention of the competent authorities which allow access to an economic activity or pursuit, or prove compliance with certain qualities, qualifications or circumstances (, and, in particular, paragraph a) of that article says that they will be fully effective in all the national territory, without which the economic operator can require compliance with new requirements, authorizations, licenses, qualifications and vocational qualifications obtained from a competent authority for the access to or the exercise of an activity, for the production and the placing on the market of a good product or service.
This principle of efficiency does not, however, apply to authorizations, responsible for statements and communications related to a specific installation or physical infrastructure. Thus establishes it article 20.4 of the Act which, it nonetheless determined that when the operator is legally established elsewhere in the territory, the authorizations or responsible for statements not may provide requirements that are not specifically tied to the facility or infrastructure.
Law 20/2013, 9 December, includes a mandate for adaptation of existing provisions with legal and regulatory provisions in the same range, according to which, after evaluating both the Royal Decree 843/2011, 17 June, whereby the basic criteria for the Organization's resources are developed to develop health prevention services activity , as the Royal Decree 39/1997, of 17 January, which approves the regulation for prevention services, have been identified that, because of differences in the interpretation and application of the rules, by various autonomous communities is is demanding to prevention services additional requirements which, in practice, involve new authorizations incompatible both with the law 31/1995 , 8 November, as with the law 20/2013, 9 December. Hence why it is necessary to perform some specific modifications in the Royal Decree 843/2011, June 17, so not generated questions that follow leading to different authorities to request new incompatible with those requirements and compliance with the principles laid down in the above-mentioned laws.
At the same time, the experience acquired in the application of these provisions recommended addressing amendments that clarify and promote a uniform application of regulatory of matter in the entire country.
Therefore only article comes to the modification of the Royal Decree 843/2011, 17 June, with the aim, first of all, clarify that the quantification of workers must consider on a global basis, without the territorial scope, understood in the sense of administrative geographical division, could be the decisive criterion in the matter and that up to two thousand workers will be needed a health basic unit (UBS) for the service of prevention , regardless of how you organize and run your activity, a UBS in each geographical demarcation becomes enforceable, either autonomous or provinces, in which the prevention service develop the health activity, or may be required by the competent authorities over one UBS to attend two thousand workers.
Having, moreover, note that being already accredited for the whole territory after the initial accreditation, if a specialized entity will not have sanitary facilities within the scope of a particular autonomous community, not applicable request authorization to the health authority of the same. The legislation allows health authorities to authorize conditions of installation and check if they meet the requirements for the proper accomplishment of its functions, but do not decide if a specialized entity must have sanitary facilities in a given territorial area.
These assumptions are external prevention services who choose to install resources, without that can require them have resources in four specialties to be able to act in an autonomous community where concrete, and this without prejudice to the fulfillment of requirements of the standard ratios.
Thus, in accordance with article 2(2) of the aforementioned Royal Decree 843/2011, 17 June, prevention services must only obtain the relevant authorizations of the competent health authorities in the autonomous communities for its health facilities to the extent that the territorial scope of the sanitary authorization is regional, not national, as set out in article 3 of the Royal Decree 1277 / 2003 , 10 October, general rules on authorization of centers, health services and facilities.
Second, simplifying assumptions in that you can celebrate partnership agreements, in the interests of greater legal certainty for the competent authorities to check the legality of them both non-prevention services.
Thirdly, maintaining the possibility of the health authority to verify the quality, sufficiency and adequacy of health activities carried out by non-prevention services.
The transitional provision sets communication to health authorities as warning system is not fully operational.
The first final provision refers to the constitutional attribution of competences.
The second final provision establishes the habilitation for regulatory development.
Finally, the third final provision marks the entry into force after publication in the «Official 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 unions and business organizations, the scientific societies of medicine and nursing work, epidemiology and public health and the Council of consumers and users. It has also issued its mandatory report the Spanish data protection agency and has been heard the National Commission of safety and health at work. Also, it has been informed by the Committee-Advisory of the Interterritorial Council to the national system of health and by the Interterritorial Council of the national health system.
This Royal Decree is issued in accordance with article 6 of the law 31/1995 of 8 November, and with article 19 of the Act 14/1986 of 25 April, General health.
By virtue, on the proposal of the Minister of health, social services and equality and Minister of employment and Social Security, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of October 9, 2015, have: single article. Modification of the Royal Decree 843/2011, 17 June, laying down the basic criteria on the Organization's resources to develop health prevention services activity.
The Royal Decree 843/2011, 17 June, by which establish the basic criteria on the Organization's resources to develop health prevention services activity, is to be re-worded as follows: one. The first paragraph and the letter to) of paragraph 3 of article 4 are drafted as follows: "3. the number of health professionals and your schedule will be suitable to the characteristics of the worker to monitor population and existing risks.» He is considered a basic health unit (UBS) the constituted by a physician of the work or undertaking and a company or work, nurse day complete. Up to two thousand (La dotación mínima de profesionales sanitarios será la siguiente: a) workers, a UBS. "
Two. Article 6 is worded as follows: «article 6. Partnership agreements between non-prevention services.
Other prevention services may take collaboration agreements among themselves for the provision of sanitary activities towards concerted enterprises, in order to provide effective coverage, when it is convenient for reasons of dispersion or remoteness of the premises of these companies agreed with regard to the place of establishment of the main facilities of the main prevention service. In any case the cost of the measures arising from partnership agreements will fall on affected workers."
3. Paragraph 2 of article 11 is drafted as follows:
«2. the health authority will evaluate the health activity that develop prevention services, checking its quality, sufficiency and adequacy.
A_tal_efecto, non-prevention services shall be notified to the competent health authority the timing and the place where they are to be the following sanitary activities: a) activities in the field of health surveillance referred to in article 37.3. b) 3rd of Royal Decree 39/1997 of 17 January, which approves the regulation of the prevention services.
((b) training programmes referred to in article 3.1. f) of Royal Decree 843/2011, 17 June, by which establish the basic criteria on the Organization of resources to develop the health activity of prevention services.
((c) any other activity that can check "in situ" that could arise from participation established in article 3.1. k) of the Royal Decree 843/2011, June 17.
In the event that the work center and the place of such activities are not staying in the same autonomous community or are carried out in mobile units, communication should contact health authorities of the autonomous communities concerned.
The communication to the competent health authority shall be at least thirty days from the date of completion of the health activity in question, and can be understood fulfilled such obligation when communication is effected by the means provided for in article 28 of the regulation of the prevention services.»
Sole transitional provision. Communication to health authorities.
The communication referred to in article 11.2 of the Royal Decree 843/2011, June 17, shall apply to the competent health authorities as long as you are not fully operational, in the electronic intercom system data record services, an automatic mechanism that instruct these authorities of the submission of the communication system.
First final provision. Skill-related title.
This Royal Decree is issued on the basis of article 149.1.7. ª of the Spanish Constitution, which establishes the exclusive competence of the State in the field of labour law and article 149.1.16. ª of the Spanish Constitution, which attributes to the State powers on bases and general coordination of the health.
Second final provision. Enabling the regulatory development.
Enables holders persons from the ministries of health, social services and equality and employment and Social Security, so that together they dictate the provisions which are necessary for the implementation and development of this Royal Decree, and must be done by Royal Decree in the event that affect the basic criteria.
Third final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, on October 9, 2015.
The Vice-President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON
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