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Violation of the prevention of occupational risks What are the penalties?

In all jobs, there is occupational risk prevention. It is the discipline that seeks to promote the improvement of workers’ safety at work, by applying measures and developing the activities necessary to prevent risks linked to working conditions.

Under the concept of occupational risk, it is understood the possibility that a worker suffers a certain damage derived from work, being considered as damage resulting from occupational diseases, pathologies or accidents at work.

Workers in a company must comply with all risk precautions established in the labor sector.

Breaches or failure to comply with them can result in very serious penalties and even criminal liability. Next we will explain what they are.

What are labor violations and what are their objectives?

With regard to occupational risks, the actions or omissions of the various responsible subjects who do not comply with the legal, regulatory and normative clauses of collective agreements in the area of ​​occupational safety and health are liable to liability in accordance with the law on offenses and offenses. social sanctions (LISOS).

Offenses in the field of occupational risk prevention are established with the following objectives:

Actively fight accidents at work. Foster a culture of risk prevention at work which guarantees effective and genuine compliance with established obligations and prohibits purely formal or documentary compliance with these obligations. Reinforce the need to integrate the prevention of occupational risks into the company’s management systems.

Improve the control of compliance with regulations for the prevention of occupational risks, by adapting the sanction standard to the substantive standard and strengthening the monitoring and control function, on the market of territorial labor inspection commissions and Social Security.

Types of offenses and penalties

The offenses can be divided into three groups: minor offenses, serious and very serious offenses taking into account the nature of the obligation breached and the body of law concerned. In this article we will tell you the lightest and the most serious.

The penalties provided for by the law on breaches and social sanctions in the event of a breach of occupational risk prevention may vary between € 30.05 and € 601,012.10.

Minor offenses

The lack of cleanliness of the workplace from which no risk is derived for the physical integrity or health of workers. For this, it is important to hire a cleaning company that is responsible for leaving the jobs clean and neat. A rule that is intensifying with the security measures of covid-19. Failure to report, in due time, to the competent labor authority, in accordance with the provisions in force concerning industrial accidents which have occurred and occupational diseases declared during their minor qualification. Failure to notify the competent labor authority of the opening of the work center or of the resumption or continuation of work after significant modifications or extensions, or inaccurate recording of the data which must be declared or completed. As long as it is not an industry classified by the regulations in force as dangerous, unhealthy, harmful because of the elements, processes or substances handled. Those which involve infringements of the regulations relating to the prevention of occupational risks, provided that they have no serious significance for the physical integrity or health of workers. Any other type of infringement affecting formal or documentary obligations required by regulations for the prevention of occupational risks and which are not classified as serious or very serious.

Serious offenses

Failure to comply with the obligation to integrate occupational risk prevention in the company by implementing and applying a prevention plan, with the scope and content established in the risk prevention regulations professionals. Lack of medical examinations and periodic checks of the state of health of workers who proceed in accordance with the regulations on the prevention of occupational risks, or do not communicate their results to the workers concerned. Failure to report in good time to the labor authority, in accordance with the provisions in force, any industrial accidents that have occurred and declared occupational diseases when they are classified as serious, very serious or fatal, or of not carrying out investigation in the event of damage to workers’ health or indications that preventive measures are insufficient. Lack of recording and archiving of data obtained during evaluations, checks, reconnaissance, investigations or reports referred to in articles 16, 22 and 23 of Law 31/1995 of 8 November, Prevention of occupational risks. Failure to notify the competent labor authority of the opening of the work center or the resumption or continuation of work after having made significant changes or extensions, or inaccurate recording of the data which must be declared or completed, provided that it is an industry qualified by current regulations as dangerous, unhealthy or harmful due to the elements, processes or substances handled.

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