Advice on occupational health and safety

PRL management by stages

Occupational risk prevention is more than making isolated and independent decisions. It is not just about formally complying with the law. Before making any decision on how to comply with the obligations in terms of occupational risk prevention, you must be aware that your role consists of raising the health and safety conditions of the company and the workers to the highest possible level in order to achieve the highest degree possible. well-being, physical, mental and social, avoiding accidents, illnesses and dissatisfaction among your employees.

This guide will help you in making decisions.

PRL management in the company

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Report accidents at work

For this you must know...

What is considered an accident at work

Any bodily injury suffered by a worker on the occasion of or as a consequence of their work, including those that may occur on the way to or from the workplace. Royal Legislative Decree 8/2015, of October 30, approving the consolidated text of the General Social Security Law.

who notifies

The responsibility for notification of the work accident falls on the employer with employees, in one case, and on the self-employed workers who are covered by the contingency for work accidents in accidents suffered by themselves.

The completion and referral of the accident report can be done by the company or self-employed worker, or it can be done through a representative (management, social graduate, etc.).

Part of accident: businessman
Accident ratio without sick leave: ehe businessman
List of discharges from accidents and deaths due to accidents: lto a managing or collaborating entity.
urgent communication: businessman

What is notified

Work accident with sick leave.

The work accident with sick leave must be notified, through the official part duly completed in those cases of accidents or relapses suffered by workers affiliated with Social Security, with the contingencies covered, provided that they involve absence from the workplace for at least one day, other than the day the accident occurred.

Work accident without sick leave.

In the cases in which the reincorporation of the worker to the position takes place the same day of the accident or the following day, the communication will not be made through the work accident report but through the ratio of work accidents without sick leave.

Same case for when medical leave occurs, but the date of discharge is the same as the date of discharge.

The relationship of discharges or deaths of accident victims.

That occur in a company in a full month and are reported the following month.

urgent communication.

That must occur within a maximum period of 24 hours, in those accidents that occur in the workplace or due to displacement during the work day that cause the death of the worker, that are considered serious or very serious or that affect more than four workers. , whether or not they belong entirely to the Company's staff, the employer, in addition to filling in the corresponding form, will communicate, within a maximum period of twenty-four hours.

How to notify

Through the standardized part published in the Order TAS/2926/2002, of November 19, of the System of Electronic Declaration of Accidents at Work (Delt@).

If you do not have the class 2CA digital certificate necessary to operate in the Delt@ System of the National Currency and Stamp Factory (FNMT), you can obtain it by clicking here:

http://www.cert.fnmt.es/index.php?cha=cit&sec=obtain_cert

In what terms

Part of accident: 5 business days counted from the date on which the accident or medical leave occurred.
Accident ratio without sick leave: monthly in the first 5 business days of each month.
Ratio of discharges from accidents and deaths due to accidents: mmonthly before the 10th of the following month.
For urgent communication: 24 hours in case of serious, very serious, fatal or multiple accidents (more than 4 people), except In-Itinere.

Report occupational diseases

For this you must know...

What is considered an occupational disease?

The one contracted as a result of the work carried out for third parties in those activities, specified by the provisions of application and development of this Law. In addition, it must be caused by the action of the elements or substances indicated for each professional disease. Royal Legislative Decree 8/2015, of October 30, approving the revised text of the General Social Security Law.

How to notify

Through the standard part of occupational disease, published in the ORDERS TAS/1/2007, of January 2, (external link) of the Electronic Declaration of Occupational Illnesses System CEPROSS (Communication of occupational diseases to Social Security) which can be accessed through the social security website.

Who should notify

The Mutuals for Accidents at Work and Occupational Illnesses and the National Institute of Social Security are in charge of preparing and processing the Occupational Illness reports.

Companies and self-employed workers who have coverage for professional contingencies are obliged to provide these entities with all the information in their possession and that is required for the preparation of the occupational disease report.

in what term

You have 10 business days from the date of diagnosis of the disease to make the initial communication.

In addition, there will be 5 more business days to transmit all the data of the part.

In the event that the company does not send the necessary information to the management or collaborating entity within the established period, the latter will process the report, informing the competent authority of the breach.

The end of the process will be communicated within 5 business days following the event that motivates said end.

If you are going to work with asbestos

If your company or your main facilities are located in Madrid and you are going to work with asbestos or you plan to do so in the coming months, before starting you must complete the following procedures.

But first we remind you of the applicable regulations.

Royal Decree 396/2006, of March 31, which establishes the minimum health and safety provisions applicable to jobs with risk of exposure to asbestos, companies that work with this agent are required to comply with a series of technical and administrative requirements.

RERA inscription

Registration in the RERA: Register of Companies with Asbestos Risk in the Community of Madrid. Process

Specific work plan

Specific work plan for each work or operation in which there is or may be exposure that must be approved by the competent authority. Contact the IRSST: telephone 900713 123

Health monitoring file

Health surveillance sheet for jobs exposed to asbestos that will be sent annually to the Occupational Health Service of the Ministry of Health. Link Annex V RD 396/2006, of March 31.

Sheet for data recording

Sheet for data recording of exposure assessment in work with asbestos Link Annex IV RD 396/2006, of March 31 .

Non-exhaustive list of work with asbestos risk

Demolitions where there is asbestos or materials containing it.
Dismantling of elements, machinery or tools where there is asbestos or materials that contain it.
Removal of asbestos, or materials containing it, such as ships, vehicles, trains, installations, structures or buildings.
Maintenance and repair of existing asbestos-containing materials in equipment (ships, vehicles, trains), installations, structures or buildings.
Maintenance and repair involving the risk of detachment of asbestos fibers due to the existence and proximity of this material.
Transport, treatment and destruction of waste containing asbestos.
Landfills authorized for asbestos waste.
All those other activities or operations in which materials containing asbestos are handled, whenever there is a risk of releasing asbestos fibers into the work environment.

List of RERA companies

List of companies registered in the RERA. updated 2022

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If you operate in the construction sector

If you are a promoter
If you are a contractor

Appoint a Health and Safety Coordinator

During the elaboration of the Project of Work when several designers intervene in it.
During the Execution of the Work if more than one company or one company and self-employed workers or various self-employed workers are involved or will be involved.

It provides all contractors with the necessary data to carry out a correct Opening of the Work Center and ensures that they do so.

Communicates the Opening of the Work Center of each of the works prior to starting the work.
Post the Communication in a visible place on the construction site and keep it updated in the face of any possible changes.

Documentation to present:

In Works with project: Safety and Health Plan in works and Act of Approval of the Plan.
In Works without a project: Risk Assessment corresponding to the work center.

To make changes:

From the opening data: Present a new opening form indicating that it is a modification and collecting the registration number of the initial opening that we are modifying. Said document must be submitted within a maximum period of ten days once the modification has been made.
From the Health and Safety Plan: An Annex will be prepared collecting the complete data of the new works or operations and will be presented accompanied by its Approval Certificate and an accompanying document, in which the data of the Number of the Opening Communication with which it was presented is collected. the original Health and Safety Plan, data of the company that presents the Annex and address of the work.

opening communication

Communication of opening or resumption of the activity of work centers in construction works.

Process

Analysis and investigation of the causes of work accidents and occupational diseases

In the event that an Accident at Work occurs in your company or an Occupational Illness is declared, the Regional Institute of Safety and Health at Work will activate a procedure to analyze and investigate the causes with the idea of collaborating in the proposal of corrective measures. for its reduction and/or elimination.

Work accidents

Once the Work Accident is known, the assigned IRSST Prevention Technician travels to the work center where it occurred, as soon as possible, in order to carry out a visual inspection of the place and the material agent and to know the way and circumstances, for which witnesses, if any, colleagues, middle managers, etc., are interviewed in order to collect the necessary data to determine the root causes of the accident and identify uncontrolled risks in the job. worked.

Once these have been identified, it is checked whether they are included in the initial evaluation that the company is obliged to carry out. Information is also collected on whether the aforementioned evaluation has been carried out by the company itself or if an external prevention service has been used.

With all these data, the corresponding report is prepared, which is sent to the Provincial Inspection of Labor and Social Security, to the Administration of Justice, if appropriate, as well as to other institutions that are considered necessary to inform. Likewise, if so requested, expert work is carried out on the matter.

Subsequently, health and safety recommendations are sent to the company where the accident occurred if deemed necessary. In the same way, when it is considered pertinent, advisory visits are made to the company where the accident occurred.

Professional illness

Once the Occupational Illness Report is received, an IRSST Prevention Technician is assigned to take responsibility for the investigation, which is carried out either on the initiative or at the request of the Provincial Labor and Social Security Inspectorate or other agencies and institutions.

In a first phase, the Technician collects information, through the Own or External Prevention Services, about the data of the Illness suffered by the worker: onset of symptoms, evolution, tests carried out to reach the definitive diagnosis and current situation of the worker.

In a second phase, the workplace is visited in order to identify the risks and verify that they appear in the company's risk assessment. In this phase, the aim is to relate the risks that have been verified by "in situ" observation with the damage suffered by the worker, in order to establish a cause-effect relationship.

In a third phase, with the data collected, a report is drawn up which is subsequently sent to the requesting body.

psychosocial risks

Psychosocial factors are defined as those conditions present in a work situation directly related to the organization of work and its social environment, with the content of the work and the performance of the task and that present themselves with the capacity to affect the development of the work and the health (physical, mental or social) of the worker.

For this reason, the SIRP helps you to detect and fight against psychosocial risks.

The Service has a character of intermediation and voluntary mediation.

The Intervention is a process and a resource for the resolution of labor conflicts, in which the figure of the Intermediary directs, facilitates the orientation and advises the parties, provides options and helps to generate alternatives for the parties and those involved.

In the intermediation process, the protagonist of the conflict is collaboration, psychosocial interaction, coexistence and the prevention, protection and rehabilitation of the health and well-being of workers and of the work environment as a whole.

The purpose of the interventions is to promote the safety, health and well-being of workers and their quality of working life.

The IRSST has a Psychosocial Risk Classroom whose mission is to raise awareness of these types of risks and offer solutions to deal with them successfully. In this sense, they organize webinars, collaborate in carrying out training pills and produce publications.

The SIRP has been the winner in the category Award for the best preventive practice in the Prevent 2020 awards with its project "Methodology in the prevention of psychosocial risks", awarded at the Congress on Prevention of Occupational Risks, organized by said entity. More specifically, the award-winning project is based on the application and transmission of psychosocial mediation models as appropriate instruments for creating climates of well-being and health.

The Regional Institute of Safety and Health at Work (IRSST) and the Official College of Psychology of Madrid (COPM) have signed a Framework Agreement to develop joint actions to improve working conditions and raise the level of safety protection and worker health. These actions are aimed at advice, training and information for both workers and employers in our Region.

https://sede.comunidad.madrid/prestacion-social/servicio-intermediacion-...

Advice on occupational safety and health

Advice to the company