Prevention of Labour Risks, implementing legislation Ley 39, 1997
Employers must ensure the health and safety of their employees. Includes the obligation to perform assessments of risks, to adopt measures in emergency cases, provide protective equipment and to ensure the health of employees, pregnant or lactating women. All employers must have a service to provide advice and assistance [employers classified as "small" have an alternative]. Employers with fewer than 5 workers, service can be undertaken directly by the employer. A specialised prevention service can be organised or contracted externally. Non-compliance of the above requirements will leave the employer liable under administrative, labour, criminal and civil law. This makes health & safety of employees the responsibility of the employer.
Ley 54, 2003 modifies Ley 31, 1995 in respect of occupational hazards in an effort to integrate better with organisation of OSH in Spain. The provisions within Ley 54 include a reinforced collaboration between the Labour Inspectorate and the Social Security department; an integration of OSH in the normal management of enterprises; organisation of resources for prevention activities; changes in the tasks of health and safety committees; coordination in prevention activities on construction sites; qualification of civil servants involved in OSH activities. Changes in the Law concerning offences against social legislation and corresponding penalties, approved by the Royal Legislative Decree of 5/2000.