Health and safety in the workplace is a crucial aspect for any business, as it aims to safeguard the physical and mental wellbeing of employees. To ensure people’s wellbeing, there are laws that have evolved over the years in line with changing needs, as well as innovative tools that prevent and minimise risks depending on the sector.
The occupational health and safety, just like all aspects of worker protection, has gradually established itself as a professional field through negotiations and as companies have modernised their human resources practices. For example, a very important milestone for occupational health and safety was the the establishment of the International Labour Organisation (ILO) in 1919, which promoted labour standards and the protection of workers worldwide. Would you like to find out more about this field and learn the key points of the current Occupational Health and Safety Act? Read on!
Introduction to the Occupational Health and Safety Act: principles and objectives
The introduction of specific laws and regulations in various countries has helped to strengthen prevention and well-being in the workplace. Every country in the world has a different understanding of occupational risks, which depends, amongst many other factors, on the culture and the level of economic and industrial development of that society. In this post, we will focus on Spain and the latest update to its Occupational Risk Prevention Act.
What are the principles and objectives of the Occupational Health and Safety Act?
- Promoting workers’ health and safety: The aim of the Act is to promote the health and safety of workers by establishing general principles such as the prevention of occupational risks and the elimination or reduction of risks work-related.
- Information, advice and training: this Act also lays down the obligation to inform, consult and train workers on health and safety matters.
- The right to protection against occupational hazards: workers are entitled to effective protection in the field of health and safety at work.
- Occupational Health and Safety Plan: Occupational health and safety must be integrated into the company’s overall management system through the implementation and application of an occupational health and safety plan.
What does Article 21 of the Health and Safety at Work Act say?
We would like to highlight Article 21 of the Occupational Health and Safety Act, as it focuses on the protection of workers operating in the most hazardous environments. Let’s take a look at its key points!
- Information for employees: where workers are, or may be, exposed to a serious and imminent risk, the employer is obliged to inform all affected workers as soon as possible of the existence of such a risk and the measures taken or, where appropriate, to be taken in relation to protection1.
- Interruption of operations: The employer must take the necessary measures and issue the necessary instructions to ensure that, in the event of a serious, imminent and unavoidable danger, workers can cease their work and, if necessary, leave the workplace immediately.
- Right to suspend operations: a worker has the right to stop work and leave the workplace, if necessary, where they consider that such work poses a serious and imminent risk to their life or health.
- Suspension of operations: if the employer fails to take, or fails to allow the taking of, the necessary measures to ensure the health and safety of workers, the workers’ legal representatives may, by a majority of their members, agree to suspend the work of the workers affected by that risk.
- Protection of workers: Workers or their representatives shall not suffer any detriment as a result of the adoption of the measures referred to in the preceding paragraphs, unless they have acted in bad faith or committed gross negligence.
What requirements and obligations laid down by the Health and Safety at Work Act must employees and contractors comply with?
To ensure that health and safety are effectively implemented in the workplace, Spain’s Occupational Risk Prevention Act sets out a series of requirements and obligations that must be complied with by both employees and employers.
Employees must fulfil the specific duties of their post, comply with any health and safety measures put in place, and carry out the orders and instructions of their superiors. For their part, managers must the responsibility for ensuring health and safety at work, to provide information and training to workers, and to draw up an occupational risk prevention plan.
Ultimately, for the whole system underpinning occupational risk prevention to function effectively, it is essential that everyone complies with the regulations laid down by law and works together to foster a corporate culture that prioritises health and safety at work.
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