Who is affected by the Law on Occupational Risk Prevention? Modifications to comply with European regulations

Recently, an update of the Occupational Risk Prevention Code (PRL) was published in the Official State Gazette, which covers the latest amendments to the Occupational Risk Prevention Law (Law 31/1995).

This electronic code gathers all the current legislation of Spanish law in relation to occupational risk prevention and business coordination. Thanks to these digital tools, it is possible to access all preventive regulations, as well as the history of revisions, repeals, updates and additional provisions. In addition, it offers online access to the RAE legal dictionary, which facilitates the understanding of the content.

The Occupational Risk Prevention Law in Spain affects all entities and persons linked to the labor field. This includes employers, workers, contractors and subcontractors, regardless of sector, size or type of economic activity. 

The law covers both employees and self-employed workers. It also affects manufacturers, importers and suppliers of work equipment and chemical products used in the workplace. All of them must comply with the obligations established to ensure safe and healthy working environments, minimizing occupational hazards. Below, we analyze the legislation in depth. 

Constant updating of the law on occupational risk prevention in Spain.

Article 40.2 of the Spanish Constitution establishes that the public authorities are responsible for ensuring the health and safety of workers and for developing occupational risk prevention policies. These preventive actions must be aligned with European Union legislation, which entails periodic updates to harmonize regulations.

In this context, a European legal framework on occupational health protection has been consolidated, in particular Directive 89/391/EEC on occupational health and safety, which establishes the legal framework for the prevention of occupational risks at Community level.

The Spanish law transposes this Directive and aims to promote a preventive culture through education and awareness throughout society. Although it was enacted in 1995, constant modifications are being made to adapt it to the new risks and needs of the work environment.

What is our Prevention legislation like?

As for our legislation on occupational risk prevention, the amendments to the Law cover a wide range of matters. For example, Chapter III regulates the rights and obligations for the protection of workers, including measures for emergencies and imminent risks, with emphasis on confidentiality and respect for privacy.

In addition, the company's obligation to coordinate preventive actions for both its own and subcontracted activities is highlighted, which implies a correct homologation of suppliers.

Another crucial aspect is the structuring of preventive action through in-house or outsourced prevention services, as detailed in Chapter IV.

Chapter V addresses the rights of consultation and participation of workers in occupational health and safety matters, designating Prevention Delegates and Health and Safety Committees as bodies to optimize preventive measures.

Chapter VI establishes the safety obligations for manufacturers, importers and distributors of work equipment, ensuring that all protective materials comply with the established safety measures.

On the other hand, Chapter VII regulates the responsibilities and sanctions to guarantee compliance with the law, typifying infractions and sanctions. Finally, the fifth additional provision orders the creation of the State Foundation for the Prevention of Occupational Risks (FSP), in which both the Administration and companies participate, in order to improve occupational health and safety conditions.

The latest amendments to the Occupational Health and Safety Law

Within the latest updates of the Law, the fifth additional provision of Law 31/95 has been modified, which refers to the operation, organization, composition and budget of the State Foundation for the Prevention of Occupational Risks (FSP).

The purpose of this Foundation is to promote occupational health and safety conditions, with special attention to small companies. This is achieved through the management and promotion of information, technical assistance, training and regulatory compliance actions.

This amendment seeks to reactivate the activity of the FSP, which had been suspended since 2017, which is essential for the general system of occupational risk prevention.

Another important amendment to the Law on Occupational Risk Prevention concerns domestic service workers.

This amendment deletes paragraph 4 of Article 3, which excluded the application of the law to this special employment relationship. Consequently, an eighteenth additional provision is added to ensure that the occupational health and safety protection of these persons is equivalent to that of other workers.

Consequences for non-compliance with the occupational risk prevention law

Non-compliance with the Occupational Risk Prevention Law (Law 31/1995) in Spain can have serious consequences for both companies and their managers. These consequences fall mainly into three categories: administrative sanctions, civil liabilities and criminal liabilities.

Administrative sanctions

The labor authorities may impose significant financial penalties on companies that do not comply with the requirements established in the law. These penalties vary according to the seriousness of the non-compliance and can be classified as minor, serious and very serious, with fines ranging from €100 to substantial fines. Lack of adequate preventive measures, failure to carry out risk assessments and non-compliance with specific health and safety regulations are some examples of infractions that commonly result in administrative sanctions.

Civil liabilities

In the event of accidents or occupational diseases resulting from the lack of preventive measures, the company may be liable to compensate the affected workers for damages. This includes compensation for injury, disability or death, in addition to the costs associated with health care and rehabilitation.

Criminal liabilities

Company officers, including directors and managers, may face criminal liability if non-compliance with the law results in serious or fatal workplace accidents. This can lead to imprisonment, in addition to administrative and civil fines and penalties.

In addition, non-compliance with regulations can negatively affect the company's reputation, impact employee morale and reduce productivity. It can also lead to the paralysis of the business activity until the deficiencies detected in terms of occupational risk prevention are solved. 

Therefore, compliance with Law 31/1995 is crucial not only to avoid sanctions, but also to ensure a safe and healthy work environment.

Financial penalties

As indicated above, non-compliance with the Occupational Risk Prevention Law may result in financial penalties, these fines are classified according to the seriousness of the infraction, and may be minor, serious and very serious.

• Minor infractions: These can be sanctioned with fines of up to €2,045. These usually include minor offenses such as failure to provide workers with basic information on risks and prevention measures.
• Serious infringements: Penalties for serious infringements can range from €2,046 to €40,985. They include aspects such as not carrying out risk assessments, not implementing adequate preventive measures or not providing the necessary training and resources to ensure the safety of workers.
• Very serious violations: These can carry fines of between €40,986 and €819,780. These violations include repeated non-compliance with safety obligations, exposure of workers to serious and imminent risks without adequate protective measures, or failure to report serious or fatal accidents.

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It is important to note that these sanctions are applied for each infraction and can be accumulated if multiple non-compliances are detected. In addition, economic sanctions are only part of the possible consequences, as we have seen, companies can also face activity stoppages, additional administrative sanctions, civil and criminal liabilities. This underlines the importance of compliance with the Occupational Risk Prevention Law to avoid financial penalties and protect the physical integrity and health of workers.

Comply with occupational health and safety regulations with Nalanda

At Nalanda we are a leading platform in occupational risk management, dedicated to improving occupational health and safety. Our main function is to facilitate coordination between companies, contractors and workers, to comply with legislation on occupational risk prevention, especially in environments where multiple business activities intersect.

We offer a comprehensive solution that allows companies to efficiently and effectively manage all the documentation required by law, such as risk assessments, training certificates and safety plans, through specialized PRL software. Our platform digitizes and centralizes this information, facilitating its access, updating and verification in real time.

In addition to document management, we provide tools for the online training of workers in risk prevention, ensuring that they meet the necessary requirements for a safe work environment. We also offer data analysis and reports that help companies identify risk patterns and improve prevention strategies.

At Nalanda we are committed to promoting a comprehensive occupational safety culture, supporting companies in regulatory compliance and contributing to the creation of safer and healthier work environments. Our mission is to simplify and improve risk prevention management, benefiting companies and workers.

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