Who is responsible for an occupational accident?

In Spain, the responsibility for an accident at work falls mainly on the employer, although there are situations where this responsibility may be shared. The Occupational Risk Prevention Law (Law 31/1995) establishes that the employer has the obligation to guarantee the safety and health of its workers in all aspects related to work, this includes the implementation of adequate preventive measures, the training of workers and the constant supervision of working conditions.

However, in cases involving subcontractors or self-employed workers, liability may extend to all parties involved in the contracting chain, especially if it is proven that there was negligence or non-compliance with occupational risk prevention regulations.

The importance of prevention

Occupational risk prevention is a fundamental pillar in Spanish legislation to guarantee the safety and health of workers. Implementing preventive measures is not only a legal obligation, but also a practice that can prevent occupational accidents and occupational diseases.

Evaluating occupational hazards as a preliminary step is essential to avoid risk situations. 

Responsibilities, on whom does it fall?

Responsibilities for occupational risk prevention fall primarily on the employer, but may also extend to other actors in the work environment. 

Corporate responsibility

The company is primarily responsible for ensuring the safety and health of its workers, in addition to carrying out the risk assessment work. This implies a series of obligations, such as:

• Risk assessment: Identify occupational hazards and establish measures to prevent them.
• Training and information: Provide workers with the necessary training and information on risks and preventive measures.
• Protective equipment: Provide and ensure proper use of personal protective equipment (PPE).
• Health surveillance: Conduct periodic medical examinations to ensure that workers are in adequate condition to perform their tasks.
• Prevention plan: Implement an occupational risk prevention plan that considers all possible risk situations and the measures to mitigate them.

Shared responsibility

In cases where subcontractors or joint projects are involved, responsibility for occupational health and safety may be shared, known as joint and several liability. All companies involved must coordinate to ensure that occupational health and safety regulations are complied with.

Coordination between companies should include:

• Information exchange: Companies should share information on risks and applicable preventive measures.
• Joint supervision: Establish supervision mechanisms to ensure that all parties are complying with preventive obligations.
• Emergency plans: Coordinate emergency plans and action plans in case of accidents.

Financial penalties for infringement

Financial penalties for occupational risk prevention violations are regulated in the Law on Infractions and Penalties in the Social Order (LISOS). These penalties vary according to the seriousness of the infringement and can range from light fines to heavy penalties in serious and very serious cases. For their detection, there are also inspection systems after an occupational accident, which define the seriousness of each case. 

Minor infractions

Minor infractions are those that, without representing a serious immediate danger, involve a failure to comply with occupational risk prevention regulations. Some of the minor infractions may include:

• Lack of information: Failure to adequately inform workers about risks and preventive measures.
• Minor deficiencies in signage: Lack of or inadequate signage of hazards in the workplace.
• Delay in the delivery of protective equipment: Failure to provide the necessary personal protective equipment on time.

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Penalties for minor violations may include fines of up to €2,045.

Serious Violations

Serious violations are those that pose a significant risk to the safety and health of workers. Examples of serious violations are:

• Lack of risk assessment: Failure to perform the corresponding occupational risk assessment.
• Non-compliance with preventive measures: Failure to apply the preventive measures established in the risk assessment.
• Inadequate training: Failure to provide the necessary training in occupational risk prevention to workers.

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Penalties for serious violations can range from €2,046 to €40,985.

Very serious infringements

Very serious violations are those that directly and significantly endanger the life or physical integrity of workers. Examples of very serious violations include:

• Failure to implement essential safety measures: Lack of critical measures such as guards on dangerous machinery.
• Negligence in cases of imminent danger: Ignoring situations of imminent danger without taking the necessary corrective action.
• Recidivism in serious violations: Repetition of serious violations without having corrected the previous deficiencies.

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Penalties for very serious violations can reach up to 819,780 euros.

Responsibility for occupational health

The responsibility for occupational health not only lies in compliance with regulations and the implementation of preventive measures, but also implies a constant commitment on the part of the company to promote a healthy and safe working environment. Dokify offers you a digital space, with which you can manage all aspects related to safety in your company. 

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