Royal Decree 598/2015, Of 3 July, That Amending The Royal Decree 39/1997, Of 17 January, Which Approves The Regulation Of Prevention Services; The Royal Decree 485/1997, Of 14 April, On Minimum In Mater...

Original Language Title: Real Decreto 598/2015, de 3 de julio, por el que se modifican el Real Decreto 39/1997, de 17 de enero, por el que se aprueba el Reglamento de los servicios de prevención; el Real Decreto 485/1997, de 14 de abril, sobre disposiciones mínimas en mater...

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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7458

Them modifications contained in this real Decree respond entirely to the transposition to the right Spanish of the directive 2014 / 27 / EU of the Parliament European and of the Council, of 26 of February of 2014, by which is modify them Directives 92 / 58 / EEC, 92 / 85 / EEC, 94 / 33 / EC, 98 / 24 / CE of the Council and the Directive 2004 / 37 / CE of the Parliament European and of the Council in order to adapt them to Regulation (EC) No. 1272 / 2008 on classification, labelling and packaging of substances and mixtures.

The origin of the modifications of these policies through the policy now is implementing is Regulation (EC) No. 1272 / 2008 of the European Parliament and of the Council of 16 December 2008, established a new system for the classification and labelling of substances and mixtures within the Union, based on the Global harmonized system of classification and labelling of chemicals (GHS) globally , within the framework of the Economic Commission for Europe of the United Nations. Them directives modified by the directive 2014 / 27 / EU of the Parliament European and of the Council, of 26 of February of 2014, contain references to the previous system of classification and labelling, what has forced to its modification to adapt them to the new system established in the mentioned regulation.

Directives amended by Directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014, were at the time transposed to our national law through various royal decrees which must be modified in the same sense that the directives, to adjust its provisions to the current system for the classification and labelling of substances and mixtures. Thus, the Directive 92 / 58 / EEC of the Council, of 24 of June of 1992, relative to the provisions minimum in matter of signalling of safety and health in the work; Directive 98/24/EC of the Council of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work; Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004, on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (codified); and Directive 92/85/EEC of the Council of 19 October 1992, concerning the implementation of measures to promote the improvement of safety and health at work of pregnant worker, has given birth or breast feeding, were transposed into national law by, respectively, the Royal Decree 485/1997, of 14 April , on provisions minimum in terms of signaling of safety and health in the work; the Real decree 374 / 2001, of 6 of April, on the protection of the health and safety of the workers against them risks related with them agents chemical during the work; the Royal Decree 665/1997, of May 12, on the protection of workers from the risks related to exposure to carcinogens at work; and the Royal Decree 39/1997, of 17 January, which approves the regulation of prevention services.

It is therefore necessary to amend the above-mentioned Royal Decrees in order to comply with the transposition into Spanish law of the contents of the directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014, and adjust its content to the current system for the classification and labelling of substances and mixtures, which is carried out by means of the present Royal Decree that modifies all the others mentioned.

The Royal Decree consists of a preamble, four articles, and three final provisions.

In the first article partially amends annexes I, VII and VIII of Royal Decree 39/1997 of 17 January, which approves the regulation of prevention services.

The second article is to amend the Royal Decree 485/1997, of 14 April, on minimum requirements in the field of safety and health signs at work. The modifications is carry to out in the article 1 and in the annexes III and VII.

In the third article is modifying the Royal Decree 665/1997, of May 12, on the protection of workers from the risks related to exposure to carcinogens at work. The modifications are carried out in article 2.1; paragraph 2 of the article 2; Article 4 and, finally, letter c) of article 10(1).

In the article fourth is modifies the Real decree 374 / 2001, of 6 of April, on the protection of the health and security of the workers against them risks related with them agents chemical during the work. Modifications are made in the letters a) and b) article 2(5), in the letter to) article 3.1 and the letter d) article 9(2).

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

In the available end second is indicates that through this real Decree is leads to out the transposition of the directive 2014 / 27 / EU of the Parliament European and of the Council, of 26 of February of 2014.

The third final provision includes the necessary entry into force of the Royal Decree.

This Royal Decree is issued in accordance with article 6 of the law 31/1995 of 8 November, and in its preparation have been consulted the most representative trade unions and business organizations, the autonomous communities and the cities of Ceuta and Melilla; been hearing associations of specialists in medicine and nursing work and the professional associations of doctors and nurses; and the National Commission of safety and health at work has been heard.

By virtue, on the proposal of the Minister of employment and Social Security and the Minister of health, social services and equality, 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 July 3, 2015, HAVE: first article. Modification of the Royal Decree 39 / 1997, of 17 of January, by which is approves the regulation of the services of prevention.

The Royal Decree 39/1997, of 17 January, which approves the regulation for prevention services, is to be re-worded as follows: one. The letter b) of annex I is worded in the following way: «b) works with exposure to substances or mixtures that cause acute toxicity of category 1, 2 and 3, and in particular carcinogenic, mutagenic or toxic for reproduction, of category 1A and 1B, according to Regulation (EC) No. 1272 / 2008, December 16, 2008, on classification» labelling and packaging of substances and mixtures."

Two. The letter to) paragraph 3 of part A of annex VII is hereby amended as follows: «a) substances labelled as H340, H341, H350, H351, H361, H371, H361d, H361f, H350i and H361fd by Regulation (EC) No. 1272 / 2008 of the European Parliament and of the Council of 16 December 2008, on classification, labelling and packaging of substances and mixtures. "

Three. The letter c) of paragraph 1 of part A of annex VIII is hereby amended as follows: «c) chemical agents: ' substances tagged as H360, H360D, H360F, H360FD, H360Fd, H360Df and H370 by Regulation (EC) No. 1272 / 2008 of the European Parliament and of the Council of 16 December 2008, on classification, labelling and packaging of substances and mixtures.»»

The carcinogens and mutagens of category 1A and 1B are included in part 3 of annex VI of Regulation (EC) No. 1272 / 2008 of 16 December 2008, on classification, labelling and packaging of substances and mixtures.

«Lead and derivatives, to the extent that these agents are likely to be absorbed by the human body.»

Four. Paragraph 1 of part B of annex VIII is amended as follows: ' 1. chemical agents: substances tagged as H362 by Regulation (EC) No. 1272 / 2008 of the European Parliament and of the Council of 16 December 2008, on classification, labelling and packaging of substances and mixtures. "

The carcinogens and mutagens of category 1A and 1B are included in part 3 of annex VI of Regulation (EC) No. 1272 / 2008 of 16 December 2008, on classification, labelling and packaging of substances and mixtures.

«Lead and derivatives, to the extent that these agents are likely to be absorbed by the human body.»

Second article. Modification of the Royal Decree 485 / 1997, of 14 of April, on provisions minimum in matter of signalling of safety and health in the work.

The Royal Decree 485/1997, of 14 April, on minimum requirements in the field of safety and health signs at work, is to be re-worded as follows: one. Paragraph 3 of article 1, is drawn up in the following manner: "3. this Royal Decree shall not apply to signs provided by the legislation on the marketing of substances and mixtures, products and dangerous equipment, unless such regulations otherwise expressly."

Two. In point 1 of paragraph 3 of annex III, warning 'Harmful or irritating substances' shall be deleted and paragraph following warning signals shall be replaced by the following text: ' "General danger" signal will not be used to warn people of the existence of substances or mixtures dangerous, except in cases in which is used in accordance with the third paragraph of the 4th paragraph of point 4 of the annex» VII, to indicate the storage of substances or mixtures dangerous."

Three. Paragraph 4 of annex VII is drawn up in the following terms:


«4 pipes, containers and storage of hazardous substances and mixtures areas.

1st containers and visible pipes that contain or may contain products that may apply the rules on the marketing of substances or mixtures dangerous must be labelled according to the provisions therein. Exempt vessels used for a short time and those whose contents change often, whenever taken alternative appropriate measures, in particular information and/or training, ensuring an equivalent level of protection.

2nd labels stick, be fixed or painted in visible places of vessels or pipes. For these, the tags is placed along the pipe in number sufficient, and whenever exist points of special risk, as valves or connections, in its proximity. The intrinsic characteristics and conditions of use of the tags shall comply, where appropriate, provisions for panels in paragraphs 1.3. º and 2 of annex III.

Label information may be supplemented with other data, such as the name or formula of the substance or dangerous mix or additional details about the risk.

3rd labelling may be replaced by warning signals referred to in annex III, with the same glyph, or symbol. If there is no equivalent warning in annex III, must use the pictogram of corresponding hazard, in accordance with annex V to Regulation (EC) No. 1272 / 2008 of the European Parliament and of the Council of 16 December 2008.

In the case of the transport of containers within the workplace, can be replaced or complemented by signals that are applicable throughout the European Union, for the transport of substances or mixtures dangerous.

4th them areas, local or enclosures used for store amounts important of substances or mixtures dangerous must identify is through it signal of warning appropriate, between them indicated in the annex III, or through the label that corresponds, in accordance with the normative mentioned in the paragraph 4.1. °, placed, according to the case, near the place of storage or in the door of access to the same. This not will be necessary when them labels of them different packaging and containers, light has of its size, make possible such identification.

If there is no equivalent warning in the annex III to warn of the existence of substances or mixtures dangerous people, use the pictogram of corresponding hazard, in accordance with annex V to Regulation (EC) No. 1272 / 2008 of the European Parliament and of the Council.

The storage of different substances or mixtures dangerous may be indicated by the warning sign "danger in general"».

Third article. Modification of Royal Decree 665/1997 of May 12, on the protection of workers from the risks related to exposure to carcinogens at work.

The Royal Decree 665/1997, of May 12, on the protection of workers from the risks related to exposure to carcinogens at work, is to be re-worded as follows: one. Article 2.1 is drawn up in the following manner: "1. for the purposes of this Royal Decree, refers to carcinogen or mutagen a substance or mixture that meets the criteria for classification as a carcinogen or Mutagen category 1A or 1B germ cell established in annex I of Regulation (EC) No. 1272 / 2008 of the European Parliament and of the Council» of 16 December 2008 on classification, labelling and packaging of substances and mixtures."

Two. Paragraph 2 of article 2 is worded in the following way: "also means as carcinogen a substance, mixture or procedure referred to in annex I of this Royal Decree, as well as a substance or mixture which occurs during one of the procedures referred to in that annex» three. He article 4 is drafted of the following way: «in so far as is technically possible, the entrepreneur will prevent it use in the work of agents carcinogenic or mutagens, in particular through its replacement by a substance, a mix or a procedure that, in conditions normal of use, not is dangerous or it is in less grade for the health or the security of them workers» four. The letter c) article 10(1) is worded in the following way.

«(c) the quantities used or manufactured from substances or mixtures that contain agents carcinogenic or mutagens» five. The title of annex I is drawn up in the following way: 'ANNEX I list of substances, mixtures and processes' fourth article. Modification of the Royal decree 374/2001, of 6th April, on the protection of the health and safety of workers from the risks related to chemical agents at work.

The Royal decree 374/2001 of April 6 on the protection of the health and safety of workers from the risks related to chemical agents at work, is to be re-worded as follows: one. The letters a) and b) of article 2(5) are worded in the following way: «to) any chemical agent which meets the criteria for classification as dangerous in any kind of physical danger or health established in Regulation (EC) No. 1272 / 2008 of the European Parliament and of the Council of 16 December 2008, on classification, labelling and packaging of substances and mixtures» regardless that the chemical agent is rated or not in that regulation.

'(b) any chemical agent which, although it does not meet the above criteria, have an environmental threshold referred to in paragraph 4 of article 3 of the present Royal Decree' two. The letter to) article 3.1 is worded in the following way: «to) their hazardous properties and any other information necessary for the evaluation of risks, which should facilitate the supplier, or you can refer to this or any other source of information for easy access. "This information should be included in the safety data sheet and, where appropriate, the assessment of the risks to users, in accordance with the provisions of Regulation (EC) No. 1907 / 2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation, authorization and restriction of substances and chemical mixtures (REACH)» three. (The letter d) of the article 9.2 is drafted of it following way: «(d) access to all tab technical provided by the supplier, as it willing in it normative on classification, packaging and labelling of substances and mixtures dangerous and, in particular, to all tab of data of security provided by the supplier with arrangement to it willing in the article 31 of the Regulation (CE) No. 1907 / 2006.»

First final provision. Title competence.

This real Decree is dictates to the amparo of it willing in the article 149.1.7. ª of the Constitution Spanish, that attributed to the State the competition exclusive in matter of legislation labour, without prejudice of its execution by them bodies of them communities autonomous.

Second final provision. Incorporation of European Union law.

By this Royal Decree is incorporated into Spanish law directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014, why amending Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC of the Council and Directive 2004/37/EC of the European Parliament and of the Council, in order to adapt them to Regulation (EC) No. 1272 / 2008 on classification labelling and packaging of substances and mixtures.

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 3 July 2015.

PHILIP R.

The Vice-President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON