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Resolution Of 4 Of Mayo Of 2015, Of The Secretariat Of State Of The Security Social, By Which Is Sets The Plan General Of Activities Preventive Of The Security Social, To Apply By Them Mutual Collaborating With The Security Social In The Plani...

Original Language Title: Resolución de 4 de mayo de 2015, de la Secretaría de Estado de la Seguridad Social, por la que se establece el Plan general de actividades preventivas de la Seguridad Social, a aplicar por las mutuas colaboradoras con la Seguridad Social en la plani...

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TEXT

Article 68 (3) (c) of the recast text of the General Law on Social Security provides that it is for the management and supervisory body of the mutual partners with the Social Security, under the Ministry of Employment and Social security, establish the periodic planning of the preventive activities of the Social Security that will develop those entities, as well as the criteria, content and order of preferences for their execution.

Likewise, 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, regulates in its Chapter II, the preventive activities which can be carried out by mutual partners with social security and in Article 3.2 of the Treaty, gives the Secretary of State for Social Security the establishment of the criteria and priorities for which the should be adjusted for the development of those activities.

This resolution comes to meet these forecasts, in order to organize the preventive activities of the Social Security that must develop the mutual ones during the exercise, establishing the appropriate criteria for they serve the purposes of Social Security, in which they are bound, and rationalize the destination of the economic resources of the same.

During 2015 it is considered appropriate to continue the actions carried out in the previous year and, therefore, to maintain the programmes established for the year 2014 and, consequently, the criteria and priorities in which are founded.

However, the maintenance of the programmes requires the updating of the sectors which constitute the objectives of the general plan carried forward according to the data set out during the previous year. To this end, the relations of divisions of economic activities and occupational diseases with a low level, their causative agents and the sectors of activity concerned, which will be the subject of the various activities, are published by means of annexes. established in the SME technical advice programme.

Therefore, the validity of the programs, criteria and priorities to be applied by the mutual in the planning of preventive activities that dispenses Social Security, established for the year, is extended during the year 2015. This Secretariat of State, in its Resolution of 21 May 2014, with the necessary modifications to which it has been mentioned for the adaptation of the plan to the new temporary period of application.

Consequently, this Secretary of State for Social Security, in accordance with the powers conferred by Order TAS/3623/2006 of 28 November 2006, regulating 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 the provisions of Articles 68.3.c) of the recast text of the General Law on Social Security, and 13.1 of the Regulation on the mutuals, approved by Royal Decree 1993/1995, of December 7, resolves to establish the Plan general of preventive activities to be developed by mutual partners with social security during the year 2015, in accordance with the following terms:

First. Criteria and priorities to be applied by each other in the planning of their preventive activities.

During the year 2015, mutual partners with Social Security will develop the programs of preventive activities of Social Security that are subsequently related:

1. Programme of technical advice to SMEs and companies in preferential sectors. It includes the carrying out of visits to the partner companies in which the circumstances set out in each of the following paragraphs are met, in order to provide technical advice to them for the purposes which are also indicated.

(a) In companies of less than 50 workers whose activity is carried out in the activity divisions of Annex 1 to this resolution, which correspond to those of the highest number of serious and fatal accidents at work in the year 2014, the causes that have been able to cause the high indices will be analyzed and the company will be advised to correct the deficiencies that could be detected.

(b) In companies which in 2014 have had an accident rate of their own higher than in 2013 or have presented fatal or serious accidents during the working day, the causes of the accident will be analysed. special accident and the employer will be informed of the results of the study carried out and the measures which should therefore be taken.

(c) In companies which in 2014 have declared occupational diseases with a low level caused by the agents and in the sectors of activity listed in Annex 2, which correspond to those in which they have been established in 2014; exceeding the claims limits set out in the alert system of the CEPROSS register, the possible causes of the diseases will be studied and the companies will be informed about the results of the study.

2. Programme of advice to companies or concurrent activities. In the workplace where workers of two or more undertakings, including contractors and subcontractors, or self-employed persons, of whose undertakings or one of whose employees are associated or adhered to the mutual benefit, are employed, respectively, the latter must inform and advise the companies and the self-employed involved on the application of the existing means of coordination for the prevention of occupational risks.

3. Programme for the dissemination of the social security service entitled 'Prevention10'. Meeting between the associated companies of up to 25 workers and self-employed persons to inform them about the functionalities offered by the service "Prevention10.es", which dispenses the protective action of Social Security and show them their use.

The mutual associations will be able to request, for the development of this activity, the collaboration of the National Institute of Safety and Hygiene at Work, as an organ to which the Secretariat of State of Social Security has entrusted with the direct management of services. In case the latter lacks the availability of means at the different locations and dates, the program will be developed directly by the personnel of the mutual.

4. Programme for the control of the expenditure on economic benefits of Social Security by professional contingencies. In respect of each of the undertakings which are the subject of the activities of the technical advice programme to undertakings, a statistic shall be drawn up prior to the implementation of the programme, which shall record the number of economic benefits of the programme. Social security by professional contingencies recognised in the financial year 2014 in favour of the injured workers or their beneficiaries and cost thereof, for their future comparison with the evolution of that same information at the end of the year 2015.

The Directorate-General for Social Security Management shall determine the data to be contained in the statistics to be drawn up by mutual associations.

Second. Preventive activities to be developed by mutual societies.

Mutual will develop their respective preventive activity plans strictly in accordance with the programs, activities, criteria, priorities and objectives set out in the first resolution of this resolution.

The preventive activities to be carried out by the mutuals, in accordance with the provisions of Article 2 of Order TAS/3623/2006 of 28 November, which regulate preventive activities in the field of social security and the financing of the Foundation for the Prevention of Occupational Risks, may not in any case assume the substitution of undertakings in the fulfilment of the obligations laid down in Law 31/1995, of 8 November, of Prevention of Risks Labor.

Third. Financing of preventive activities to be developed by mutual societies.

In accordance with the provisions of Article 3.1 of Order TAS/3623/2006 of 28 November 2006, the preventive activities referred to in this resolution will be financed by mutual partners with social security. with the available budgetary resources for the year 2015, without the expenditure on implementation by each of them being able to exceed 0.7% of their income from professional contingency quotas, which will be limited to In any case, the development of the plan must be adjusted for each mutual.

Fourth. Documents and publications.

All publications, guides and reports to facilitate mutual funds will be exclusively used for the associated companies and the workers attached to each of them. The title "General Plan of preventive activities of the Social Security 2015" shall be entered in all the documentation that the mutual or participant in its edition must be entered, and the logos of the Ministry shall be entered in its heading The Ministry of Employment and Social Security, the Secretariat of State for Social Security and the Directorate-General for Social Security and Social Security, who hold the functions that are being developed.

Fifth. Presentation by the mutual of the plan of preventive activities to be developed in the year 2015.

Within 15 days of the publication of this resolution, the mutual partners with Social Security will submit to the Directorate-General for Social Security, for their approval, the plan of individual preventive activities with the different programmes they intend to develop during the year 2015, in application of the criteria and priorities set out in the solution first, specifying the sectors and the companies to which they are and the number of workers affected and the expected cost of development of each one of those activities, information to be provided by each mutual agreement in accordance with the structure to be determined by that Directorate-General.

Sixth. Information about the execution of the preventive activity plan.

During the first quarter of 2016, mutual societies should provide the Directorate-General for Social Security Management with detailed information on the aspects to be determined by such a management centre. the preventive activities plan, as well as the cost of its execution.

Seventh. Monitoring and evaluation of results.

The Directorate-General for Social Security Management shall carry out the technical assessment and monitoring of the results, to the effect of which, and in accordance with the provisions of Article 3.2 of Order TAS/3623/2006, 28 of November, may request, as appropriate, the collaboration of the National Institute of Safety and Hygiene at Work.

Eighth. Extension of the General Plan to the National Institute of Social Security and the Social Institute of the Navy.

The National Institute of Social Security and the Social Institute of the Navy may be interested in dispensing the programs and activities established in the first resolution in favor of the companies and the workers included. in their respective management areas, to which they will request from the Directorate-General for Social Security Management the extension of the general plan and formalize with the mutual partners with the Social Security that correspond to the collaboration for these purposes, which will require the prior conformity of the management center cited.

Ninth. Coordination with the Autonomous Communities.

This resolution establishes the annual planning of the activities of the Social Security in matters of control and prevention of the professional contingencies that ampara, in accordance with the provisions of the articles 68.3.c) of the recast of the General Law on Social Security, and 3.2 of Order TAS/3623/2006 of 28 November 2006, which also confer on the Secretariat of State of Social Security the competence for its determination and for the establishment of the criteria and priorities to be followed. These activities are distinct and non-related to the prevention of occupational risks regulated in Law 31/1995 of 8 November.

The autonomous communities which, by virtue of their respective autonomy statutes, have shared implementing powers with the Secretariat of State for Social Security in the area of coordination of activities In this field, they may be interested in, among the activities programmes established in the first resolution of this resolution and respecting the recipients, activities, criteria and objectives thereof, the development of the particularities that interest them. For these purposes, they must communicate to the Ministry of Employment and Social Security within one month of the publication of this resolution in the "Official State Gazette", the aforementioned development activities to be carried out by the mutual the territory of the corresponding autonomous community.

10th. Enforcement powers.

The Directorate-General for Social Security Management is hereby authorized to take the measures and instructions that may be necessary for the implementation of this resolution.

11th. Entry into force.

This resolution shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, May 4, 2015. -Secretary of State for Social Security, Tomas Burgos Gallego.

ANNEX 1

Activity Divisions with the highest number of fatal and fatal work accidents

Divisions

Total fatal and fatal work accidents in job centers from 1 to 49 workers

43. Specialized construction activities

253

41. Building Construction

219

49. Land and pipeline transport

218

01. Agriculture, livestock, hunting and related services

193

46. Wholesale trade and trade intermediaries, except motor vehicles and motorcycles

142

56. Food and beverage services

100

47. Retail trade, except motor vehicles and motorcycles

91

. Manufacture of metal products, except machinery and equipment

89

03. Fisheries and aquaculture

79

10. Power industry

62

45. Sale and repair of motor vehicles and motorcycles

57

02. Forestry and forest exploitation

48

81. Building services and gardening activities

39

23. Manufacture of other non-metallic mineral products

38

16. Wood and cork industry, except furniture; cesteria and esparteria

36

93. Sports, recreational and entertainment activities

34

52. Storage and shipping activities

30

55. Hosting Services

30

42. Civil engineering

27

28. Manufacture of machinery and equipment n.e.c.

25

85. Education

25

22. Manufacture of rubber and plastics products

21

. Health activities

21

08. Other extractive industries

20

11. Beverage Manufacturing

20

31. Furniture Manufacturing

20

24. Metallurgy; manufacture of iron, steel and ferroalloy products

17

33. Repair and installation of machinery and equipment

17

77. Rental activities

16

38. Waste collection, treatment and disposal; recovery

15

Total accidents selected divisions

2.002

ANNEX 2

Professional diseases caused by agents and in the sectors of activity indicated, of which in 2014 the limits of claims established in the alert system of CEPROSS were exceeded

Group 2. Professional diseases caused by physical agents

Sectors (CNAE)

Professional Disease Box

1011 Processing and Meat Conservation

2D0201

1039 Other fruit and vegetable processing and conservation

2D0201

1812 Other printing and graphic arts activities

2D0201

2211 Manufacture of tires and rubber cameras; reconstruction and retreading of tires

2D0201

2410 Manufacture of basic iron, steel, and ferroalloys products

2D0201

2562 Mechanical engineering on behalf of third

2D0201

2711 Manufacture of electric motors, generators, and transformers

2D0201

2910 Motor Vehicle Manufacturing

2D0201

2932 Manufacture of other components, parts, and accessories for motor vehicles

2D0201

3811 Non-hazardous waste collection

2D0201

4711 Retail trade in non-specialized establishments, with predominance in food, beverage, and tobacco

2D0201

4719 Other retail trade in non-specialized establishments

2D0201

8121 General Building Cleanup

2D0201

9001 Performing Arts

2D0201

Group 3. Occupational diseases caused by biological agents

Sectors (CNAE)

Professional Disease Box

8610 Hospital Activities

3A0101

8621 General Medicine Activities

3A0101

8690 Other Activities health

3A0101

871 Healthcare residential establishments assistance

3A0101

8731 Assistance in residential settings for seniors

3A0101

8899 Other social services activities without accommodation n.e.c.

3A0101

Group 4. Diseases caused by inhalation of substances and agents not covered by other paragraphs

Sectors (CNAE)

Professional Disease Box

0811 Extraction of ornamental stone and for construction, limestone, plaster, creta, and slate

4A0101

2370 Cutting, carving and finishing the stone

4A0101

2451 Iron Foundry

4A0106

Group 5. Professional skin diseases caused by substances and agents not included in any of the other paragraphs

Sectors (CNAE)

Professional Disease Box

8621 General Medicine Activities

5D0101

8790 Other Assistance Activities in Establishments residential

5D0101

Group 6. Occupational diseases caused by carcinogens

Sectors (CNAE)

Professional Disease Box

2452 Steel Foundry

6A0301

2849 Other Tool Machines

6A0301

5010 Maritime Transport passengers

6A0301