Authorities and notification of accidents

Authority responsible for workers’ health and safety

What is the authority responsible for workers’ health and safety?

In general, the Labour and Social Security Inspectorate is responsible for ensuring compliance with regulations related to workers’ health and safety.

Are there specific sectors that have their own competent authorities?

For jobs in mines, quarries and tunnels, which require the application of mining techniques, and for jobs that involve the manufacturing, transport, storage, handling and use of explosives or the use of nuclear energy, the specific bodies mentioned in the regulations for those sectors will be responsible for ensuring compliance with the laws on these matters.

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What is considered a work accident?

The concept of a workplace accident is found in Article 156 of the consolidated text of the General Social Security Law :

1. A workplace accident is any bodily injury sustained by a worker during or due to work they perform for someone else.

2. The following are regarded as workplace accidents:

a) accidents sustained by a worker when going to or returning from their workplace;

b) accidents sustained by a worker during or due to undertaking an elective role in a trade union context, and accidents that occur when going to or returning from the place where such a role is performed;

c) accidents that occur while performing or as a result of performing tasks that, although different from tasks in their professional category, a worker performs in order to comply with their employer’s orders or on their own initiative in the interest of the proper functioning of the company;

d) incidents that occur during rescue attempts and in other similar situations, when they are connected to the job;

e) illnesses, not covered by the next article, contracted by a worker in connection with the performance of their work, provided that it is proven that the illness was solely caused by the performance of the work;

f) illnesses or impairments that a worker already had which are aggravated by an injury caused by the accident;

g) the consequences of an accident, whose nature, duration, severity or termination may change due to intercurrent illnesses and that constitute complications arising from the pathological process caused by the accident itself or by conditions acquired in the new environment in which the patient was placed to recover.

3. Injuries that a worker sustains during working hours at their workplace are presumed to constitute a workplace accident, unless it is proven otherwise.

4. Notwithstanding the above provisions, the following are not regarded as workplace accidents:

a) accidents caused by force majeure extraneous to the work, meaning force majeure of such a nature that it has no connection to the work being carried out at the time of the accident.

Under no circumstances may sunshine, lightning or other similar natural phenomena be regarded as force majeure;

b) accidents caused by wilful misconduct or reckless disregard on the part of the worker concerned.

5. The following shall not prevent an accident from being classified as a workplace accident:

a) professional carelessness that is a consequence of the habitual exercise of a job and is a result of the confidence that this inspires;

b) the concurrence of the civil or criminal liability of the employer, of a colleague of the injured person or of a third party, unless this has no connection to the work.

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Notification of a work accident

Obligation

Self-employed workers who are covered for occupational accidents must complete the accident report for any accidents they have had themselves. For workplace accidents that affect domestic workers, the accident report must also be completed by natural persons who employ workers covered by the Special Scheme for Domestic Workers.

Notification forms

The Order of 16 December 1987 establishes the forms for notifying accidents at work, and it provides instructions on completing and processing the forms. Order TAS 29/2002, on forms and the electronic notification of accidents at work , should also be kept in mind.

Deadlines

The deadline for notifying the competent Labour Authority in cases of very serious or fatal accidents, or accidents in which more than four workers are affected is 24 hours.

Investigation of accidents

The Labour and Social Security Inspectorate is responsible for investigating accidents at work (Article 12(1)(b)(2) of Law 23/2015 on Organisation of the Labour and Social Security Inspection System).

The employer must also carry out an investigation if workers’ health has been harmed or if, in the course of the health monitoring provided for in Article 22 of Law 31/1995, there are indications that preventive measures are insufficient, with a view to identifying the causes of these events ( Article 16(3) of Law 31/1995 of 8 November on the Prevention of Occupational Risks ).

Violations

The failure to report, to the competent Labour Authority and in the proper time and manner in accordance with provisions in force, any work accidents that occur or any declared occupational diseases, when they are considered minor, constitutes a minor violation ( Article 11(2) of the Law on Violations and Penalties of Social Order ).

The failure to report, to the competent Labour Authority and in the proper time and manner, any work accidents that occur or any declared occupational diseases, when they are qualified as serious, very serious or fatal, or the failure to conduct an investigation in the event that harm to worker health occurs or if there are signs that preventive measures are insufficient, is a serious violation ( Article 12(3) of the Law on Violations and Penalties of Social Order ).

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Complaints

Any person who may have knowledge of an accident that is not investigated or, in general, knowledge of any non-compliance regarding the prevention of occupational risks can lodge a complaint at the offices of the corresponding Labour Inspectorate.

For more information, consult the page on  Social Security Inspection .

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Information for each Autonomous Community

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