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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5324

(He article 68.3. c) of the text consolidated of the law General of it security Social has that corresponds to the organ of address and guardianship of them mutual collaborating with it security Social, dependent of the Ministry of employment and safety Social, establish the planning periodic of them activities preventive of it security Social that will develop those entities, as well as them criteria, content and order of preferences for its execution.

In addition, the order TAS/3623/2006, of 28 November, why regulate preventive activities in the field of Social Security and the funding of the Foundation for the prevention of occupational risks, regulates in chapter II preventive activities that can develop the mutual collaborators with Social Security and in its article 3.2 attributed to the Secretary of State of the Social Security the establishment of criteria and priorities to the that it must be adjusted to the development of those activities.

This resolution comes to comply with such provisions, in order to organise preventive activities of Social Security should develop mutual during the financial year, establishing suitable criteria so that they would serve the purposes of Social Security, that fall, and rationalize the fate of the economic resources of the same.

During the year 2015 is considered suitable give continuity to them performances led to out the year previous and, therefore, keep them programs established for the year 2014 and, accordingly, the criteria and priorities in that is founded.

However it earlier, the maintenance of them programs requires to update them sectors that constitute them objectives of the plan general extended according to them data put of manifest during the exercise earlier. To do so, by means of annexes are published relations divisions of economic activity and occupational diseases with low, their causative agents and affected sectors of activity that will be subject to different activities set out in the programme of technical assistance to SMES.

Therefore, extending the effective during the year 2015 programmes, criteria and priorities to apply by mutual planning of preventive activities waiver Social Security, established for the previous year in the resolution of May 21, 2014, by the Secretary of State, with the necessary modifications to which has been mention for the adaptation of the plan to the new time period of application.

En_consecuencia, the Secretary of State of the Security Social, in accordance with the powers conferred by the order TAS/3623/2006, of 28 November, which regulates the preventive activities in the field of Social Security and the financing of the Foundation for the prevention of occupational risks, in relation to the provisions of the articles 68.3. c) of the text of the General Social Security Act , and 13.1 of the regulation on mutual collaboration, approved by Royal Decree 1993 / 1995, 7 December, resolved to establish the general Plan of preventive activities to be developed by the mutual collaborators with Social security during the year 2015, in accordance with the following terms: first. Criteria and priorities to implement by the mutual planning of preventive activities.

During the year 2015, the mutual collaborators with Social Security will develop preventive programmes of Social security related then: 1. technical advisory programme to SMES and enterprises in priority sectors. It includes visits to partner companies in which the circumstances provided for in each of the following paragraphs, to provide technical advice to the purposes which are also indicated.

(a) enterprises of less than 50 workers whose activity is carried out in the divisions of activity of annex 1 to this resolution, which correspond to the greatest number of accidents at work serious and deadly produced in the year 2014, the causes that have been able to cause the high rates will analyse and advise the company to correct the deficiencies which could be detected.

(b) in companies that in 2014 have had a rate of accidents itself superior to the year 2013 either fatal or serious accidents during the working day, they presented the causes that originated the special accident will be analysed and the entrepreneur be informed about the results of the study and the measures which, consequently, should be taken.

(c) in them companies that in 2014 have declared diseases Professional with low caused by them agents and in those sectors of activity related in the annex 2, that is correspond with those in which in said year is have exceeded them limits of claims established in the system of alert of the registration CEPROSS, is studied them possible causes of them diseases and is will inform to them companies on them results of the study.

2. advice to undertakings or concurrent activities program. In them centers of work in which converge workers of two or more companies, including contractors and subcontractors, or workers autonomous, any of whose companies or any of whose workers is find associated or attached to it mutual, respectively, this must inform and advise to them companies and to them workers autonomous involved on it application of them media of coordination existing for the prevention of them risks labour.

3. program of diffusion of the Social security service called «Prevención10.es». Workshops among the associated companies of up to 25 workers and freelancers attached to the object to inform you about the features that it offers the service «Prevención10.es», which dispenses the protective action of Social Security and show them its use.

Them mutual may request, for the development of this activity, the collaboration of the Institute national of security and hygiene in the work, in its condition of organ to which the Secretariat of State of it security Social has entrusted it management direct of them services. In the event that the latter lack the availability of media in different places and dates, program will be held directly by the staff of the mutual.

4. programme for the control of the expenditure on benefits economic of the Security Social by contingencies professional. In relation to each of the companies that are the subject of the activities of the programme of technical advice to companies, prior to the execution of the same drawn up a statistic that recorded the number of Social Security benefits for occupational contingencies recognized in the year 2014 in favour of injured workers or their beneficiaries and the same cost , for future comparison with the evolution of that same information to the end of the year 2015.

The Directorate-General of planning of the Social Security will determine data that must contain the aforementioned statistics to develop for the mutual.

Second. Activities preventive to develop for the mutual.

The mutual will elaborate their respective plans of preventive activities strictly according to the programs, activities, criteria, priorities and objectives in the first of this resolution resolves.

Preventive activities to be performed by the mutual, in accordance with article 2 of the order TAS/3623/2006, of 28 November, which regulates the preventive activities in the field of Social Security and the financing of the Foundation for the prevention of occupational risks, may not assume in any case the replacement of the companies in the fulfilment of the obligations laid down in the law 31/1995 , 8 November, de Prevención de Riesgos Laborales.

Third party. Financing preventive activities to be developed by the mutual.

In accordance with the provisions of article 3.1 of the order TAS/3623/2006 of 28 November, preventive activities referred to in this resolution will be funded by the mutual collaborators Social Security with budgetary availability for the year 2015, provided that expenditure intended for execution by each mutual can not exceed 0.7 per cent of their income by professional contingency fees , limitation which shall conform in any case the development of the plan by each mutual.

Room. Documents and publications.

All publications, guides, and reports that facilitate the mutual will be allocated exclusively to partner companies and workers attached to each one of them. Must be entered instead featured the title 'General preventive activities of 2015 Social Security Plan' in all the documentation that the mutual edit or participate in its Edition and in its heading shall include the logos of the Ministry of employment and Social Security, the Secretary of State of the Social Security and the Directorate-General of planning of the Social Security holders of the functions that take place.

Fifth. Presentation by the mutual of the plan of preventive activities to develop by the year 2015.


Within the fifteen days following the publication of this resolution, the mutual collaborators with the Social Security presented to the Directorate General of management of the Social Security, for approval, of preventive activities individual plan with different programs that intend to develop during the year 2015, in application of the criteria and priorities established in the first meets specifying the sectors and firms which are aimed, as well as the number of workers affected and the cost of development of each of these activities, information that will be provided by each mutual according to the structure to be determined for that purpose by the above-mentioned Directorate-General.

Sixth. Information on the implementation of the plan of activities preventive.

During the first quarter of the year 2016, them mutual must facilitate to the address General of management of it security Social information detailed on them aspects that said centre management determine about the realization of the plan of activities preventive, as well as of the cost of its execution.

Seventh. Monitoring and assessment of the results.

The Directorate-General of planning of the Social Security will perform the technical assessment and the monitoring of results, for which purpose, and in accordance with the provisions of article 3.2 of the order TAS/3623/2006 of 28 November, may request, where 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 Marine Institute.

The National Institute of Social Security and the Social Marine Institute may interest established programs and activities is exempt in the first resolved in favour of the companies and workers falling within their respective spheres of management, for which purpose will request the extension of the general Plan of the Directorate-General of planning of the Social Security and formalized with the mutual collaborators with Social security that apply to these ends collaboration agreements which will require the prior approval of the aforementioned steering Center.

Ninth. Coordination with the autonomous communities.

This resolution establishes the annual planning of the activities of the Social Security in control and prevention of occupational contingencies which protects, in accordance with the provisions of the articles 68.3. c) of the consolidated text of the General Social Security Act, and 3.2 the order TAS/3623/2006, of 28 November, standards, also , attributed to the Secretariat of State of the Security Social the competition for his determination and for the establishment of them criteria and priorities to follow. These activities are distinct and unrelated to the prevention of labour risks regulated in law 31/1995 of 8 November.

Them communities autonomous that, under their respective statutes of autonomy, have competition of execution shared with the Secretariat of State of it security Social in matter of coordination of them activities preventive of this scope, may interest, among them programs of activities established in the resolves first of this resolution and respecting them recipients, activities, criteria and objectives of them same , the development of those characteristics which interest them. For these purposes, they must be communicated to the Ministry of employment and Social Security, within a maximum period of one month from the publication of this resolution in the «Official Gazette», mentioned development activities to be performed by mutual in the territory of the corresponding autonomous community.

Tenth. Powers of implementation.

The General Directorate of Social security management is authorized to adopt measures and instructions that may be necessary for the implementation of this resolution.

Eleventh. Entry into force.

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

Madrid, may 4, 2015.-the Secretary of State for Social Security, Tomás Burgos Gallego.

ANNEX 1 divisions of activity with greater number of accidents of work serious and deadly divisions Total accidents of work serious and deadly in centers of work from 1 to 49 workers 43. 253 41 specialized construction activities. Construction of buildings 219 49. Land and 218 01 pipeline transport. Agriculture, livestock, hunting and services related to the same 193 46. Trade to the wholesale and trade intermediaries, except of motor vehicles and motorcycles 56 142. Food and drink 100 47 services. Trade to the retail, except of motor vehicles and motorcycles 91 25. Manufacture of metal products, except machinery and equipment 89 03. Fisheries and aquaculture 79 10. The food industry 62 45. Sale and repair of motor vehicles and motorcycles of 57 02. Forestry and logging 48 81. Services to buildings and activities of gardening 39 23. Manufacture of other products minerals not metallic 38 16. Industry of wood and Cork, except furniture; straw and plaiting materials 36 93. 34 52 entertainment, recreational and sporting activities. Storage and activities adjacent to transport 30 55. 30 42 accommodation services. Civil engineering 27 28. Manufacture of machinery and equipment n.e.c.





25






85. 25 22 education. Manufacture of rubber and plastic products 21 86. 21 08 health activities. Other industries extractive 20 11. Manufacture of beverages 20 31. Manufacture of furniture 20 24. Metallurgy; manufacture of products of iron, steel and ferro-alloys 17 33. Repair and installation of machinery and equipment 17 77. 16 38 rental activities. Collection, treatment and disposal of waste; in the sectors indicated, that in 2014 were overcome claims limits set out in the CEPROSS Group 2 alert system and recovery 15 Total accidents selected divisions 2002 ANNEX 2 occupational diseases caused by agents. Occupational diseases caused by physical agents sectors of activity (NACE) professional diseases 1011 box code processing and conservation of meat 2D0201 1039 other processing and preservation of fruit and vegetables 2D0201 1812 activities of printing and graphic arts 2D0201 2211 manufacture of tires and rubber tubes; reconstruction and retreading tyres 2D0201 2410 manufacture of basic products of iron, steel and ferro-alloys 2D0201 2562 mechanical engineering on behalf of third 2D0201 2711 manufacture of motors, generators and transformers 2D0201 2910 2D0201 2932 motor vehicles manufacturing manufacture of other components, parts and accessories for motor 2D0201 3811 2D0201 4711 trade non-hazardous waste collection vehicles to the retail in non-specialised stores , with prevalence in food products, beverages and tobacco 2D0201 4719 other trade to the retail in non-specialised stores 2D0201 8121 general cleaning of buildings 2D0201 9001 2D0201 Group 3 performing arts. Occupational diseases caused by biological agents sectors of activity (NACE) code of the picture of occupational diseases hospital activities 8610 3A0101 8621 8690 activities of general medicine 3A0101 other sanitary activities 3A0101 871 assistance in residential establishments with health care 3A0101 8731 care in residential facilities for older people 3A0101 8899 other activities of social services without accommodation n.e.c.





3A0101







Group 4. Diseases caused by the inhalation of substances and agents not included in other sectors of activity (NACE) sections occupational diseases 0811 box code extraction and ornamental stone for construction, limestone, gypsum, Crete and 4A0101 2370 slate cut, carved and finished stone 2451 4A0101 cast iron 4A0106 Group 5. Occupational skin diseases caused by substances and agents not included in any of the other sectors of activity (NACE) sections code picture of occupational diseases 8621 8790 general medicine 5D0101 activities other assistance activities in residential establishments 5D0101 Group 6. Diseases professional caused by agents carcinogens sectors of activity (NACE) code of the picture of diseases professional 2452 casting of steel 6A0301 2849 manufacture of other machines tool 6A0301 5010 transport maritime of passenger 6A0301