Etapa 3. Vídeo 2. Responsabilidades y organización de la prevención. Ruta hacia el éxito profesional
Responsibilities in Preventive Matters
Responsibilities of Employers
- Employers face administrative responsibilities, including fines ranging from €40 to €819,000 based on the severity of non-compliance with occupational risk prevention regulations.
- Civil responsibility arises if an employer causes harm to a worker due to failure in adhering to safety regulations, potentially leading to compensation claims.
- Criminal liability can occur if an employer endangers individuals severely; penalties may include fines or imprisonment depending on the incident's gravity.
Responsibilities of Workers
- Workers who fail to meet their preventive obligations may be sanctioned by employers, with penalties classified as minor, serious, or very serious according to collective agreements.
- Sanctions for workers can range from verbal warnings to disciplinary dismissal without entitlement to compensation.
Role of Labor Inspection
- The labor inspection authority plays a crucial role in risk prevention by visiting companies and issuing infringement reports when violations are found.
- Inspectors can issue warnings and requirements detailing necessary measures for compliance and set deadlines for implementation.
Organizing Prevention in Companies
- The organization of prevention depends on company size and the knowledge level regarding risk prevention among employers and employees. Options include:
- Personal assumption by the employer (for small businesses).
- Designating one or more workers for preventive tasks.
- Establishing an internal prevention service or contracting external services.
Employer's Qualifications and Activities
- Employers must possess basic training in occupational risk prevention (30 or 50 hours course), especially if they manage up to 25 workers at a single site.
- Certain activities are deemed particularly hazardous under regulations, such as those involving ionizing radiation, toxic agents, explosives, mining operations, construction work, etc.
Designation of Workers for Prevention Tasks
- If employers choose to designate workers for preventive roles, they must ensure adequate staffing levels and provide necessary resources for effective performance.
- Employees assigned these functions should receive appropriate training and cannot be dismissed for performing their preventive duties.
Establishing Internal vs. External Prevention Services