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?

A work accident is any bodily injury sustained by a worker due to or as a consequence of the job they perform as an employee.

Therefore, in order for an accident to be considered as such, the following is necessary:

1. The worker must have sustained a bodily injury. An injury is understood as any bodily harm or detriment caused by a wound, blow or an illness. Mental or psychological sequels or illnesses are understood as a bodily injury.

2. The accident occurs on the occasion of or as a consequence of the job, meaning that there is a direct cause and effect relationship between the job and the injury. The injury does not, in itself, constitute a work accident.

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Notification of a work accident

Obligation

An employer is obligated to give the Labour Authority written notification of harm to the health of workers in the service thereof, when such harm occurs because of performing their job, in accordance with the procedure determined by rules and regulations ( Article 23(3) of Law 31/95, on the Prevention of Occupational Risks ).

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.

Accident investigation

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 ).

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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