Unidad 2. Vídeo 2. Flipped FOL. Responsabilidades y organización de la prevención

Responsibilities in Preventive Matters

Responsibilities of Employers

• Employers face administrative responsibility, which can result in fines ranging from €40 to €819,000 depending on the severity of the violation of occupational risk prevention regulations.

• They also hold civil liability; if a worker is harmed due to non-compliance with safety regulations, employers may be required to compensate the injured party.

• In cases where serious danger is posed to individuals, employers can incur criminal liability, leading to penalties that may include fines or imprisonment.

Responsibilities of Workers

• Workers who fail to meet their preventive obligations can be sanctioned by their employer, with penalties classified as minor, serious, or very serious based on collective agreements. Sanctions range from verbal warnings to dismissal without compensation.

• Workers may also bear civil and criminal liability for damages caused to others due to their non-compliance with safety measures.

Role of Labor Inspection

• The labor inspection plays a crucial role in risk prevention by conducting company visits and issuing infringement reports when violations are found, along with proposing sanctions against non-compliant companies.

• Inspectors can issue warnings and requirements detailing necessary corrective actions within a specified timeframe and have the authority to halt operations immediately if risks are observed. Additionally, they must investigate incidents involving accidents or occupational diseases.

Organizing Prevention in Companies

• The organization of prevention depends on the company's size (number of employees) and the knowledge level regarding risk prevention among both employers and workers. Various organizational forms include:

• Direct assumption by the employer.

• Designation of one or more workers.

• Establishment of an internal prevention service.

• Contracting an external prevention service.

Employer's Direct Responsibility

• An employer can personally manage preventive activities if there are up to 10 employees (or up to 25 if there's only one workplace), provided they possess basic training in occupational risk prevention through a course lasting between 30 and 50 hours depending on their activity sector. They must also work regularly at the company without engaging in particularly dangerous activities as defined by regulations.

Special Risk Activities

• Activities deemed especially dangerous include:

• Work involving ionizing radiation exposure.

• Handling toxic, carcinogenic, or mutagenic agents.

• Use of high-risk chemicals.

• Biological agent exposure.

• Mining operations and underwater activities.

These require specific precautions as outlined by regulatory standards for preventive services.

Designating Workers for Prevention Tasks

• If an employer opts for designating workers for preventive roles:

• The number chosen must be adequate for effective function execution.

• Necessary resources should be provided for these workers' tasks.

• Sufficient time must be allocated for them to perform their preventive duties effectively while ensuring they receive appropriate training relevant to their responsibilities without fear of dismissal related to these functions.

Establishing Internal Prevention Services

• Employers are mandated to establish an internal prevention service when:

• Their workforce exceeds 500 employees,

• They have between 250 and 500 employees engaged in special risk activities,