Alejandro Cañadas Tomás 1st Pathological Anatomy and Cytology

What is health?

Health is a state of complete physical, mental, and social well-being, and not
only the absence of ailments or diseases.

2. Main causes of high accident rates in Spain.

Labor accident rates in Spain, the highest in Europe with an average of

1,000 annual deaths could be reduced if the ...
inspections carried out in companies.
Accidents could be avoided with more inspections, an important group.
Do you think that companies should comply more strictly with approved laws?
about this matter, in order to reduce risky situations.
Workplace accidents are due to the lack of training of workers.
While large companies invest more in training, SMEs do not.
they do it so much. However, all companies should have a plan for
training suitable a his activity.
The third cause is the lack of prevention plans in companies, followed by
an insufficient investment on their part. In this sense, it is important
to raise awareness among companies about the need to invest in qualified personnel
in first aid so that they can minimize, in case of an accident, the
effects of the injuries of the wounded and stabilize him until personnel arrives
specialized doctor.

3. Basic regulatory framework for prevention in Spain.

Law 31/1995 on the Prevention of Occupational Risks aims to promote the
safety and health of workers through the implementation of measures and
the development of the activities necessary for the prevention of risks
derived from work.

Law 31/1995, of November 8, on the Prevention of Occupational Risks

published in the B.O.E. no. 269, of November 10, 1995. Its purpose is the
determination of the guarantees and responsibilities to establish an adequate
level of health protection for workers against derived risks
of working conditions. One of the main innovations of the Law is that
it will also apply in the field of Public Administrations, including
both to workers linked with an employment relationship and to the
workers with administrative or statutory relationship.

Royal Decree 485/1997, of April 14, on minimum provisions regarding

safety and health signage in the workplace

Royal Decree 486/1997, of April 14, on safety and health in the workplace

Real decreto 664/1997, de 12 de mayo, protección de trabajadores contra agentes

biological
 Royal Decree 665/1997, of May 12, protection of workers against agents
carcinogens

Royal Decree 773/1997, of May 30, individual protection

4. Possible professional damages in the laboratory work

of anatomy AP

1- Fires

Cause: it can be produced by direct flame (Bunsen burner) or by

inflamed products

Prevention: all flammable products must be stored in a

cool, well-ventilated, and fireproof place.

These radioactives should not be handled near fire. They should not be stored.
in conventional freezers, and if it is necessary to heat them, it will be done in water baths
water, to boiling or on electric plates. And all manipulations will be done
under the fume hood.

Treatment: never use water to put out the fire, and if it is small
fire use a fire extinguisher.

2- Explosions

Cause: flammable volatile substances and gas cylinders

compressed.

Prevention: always handle flammable volatile substances under the

extractor hood. Never near lighters or devices that may release
spark. Do not accumulate in a storage place if there is no ventilation. In relation to
Always place compressed gas cylinders in an upright position. Do not
transport them by dragging or rolling them. Always make sure to close the
pipes when not in use. Store them away from ignition sources.
Do not put oil or grease on the valves or in the connecting tubes. If you
detect a leak evacuate the area, ventilate the zone, disconnect the installations
electric. To check for a leak, pour water and soap; if it bubbles, it means that
There is a leak.

3- Electrical accidents

Cause: handling an electrical device with wet hands or while on the floor
damp without insulating footwear. Poor condition electrical connections. Spill of
 liquids on connected devices. Attempt to repair devices without
disconnect them.

Prevention: check both the installation and the electrical appliances, and
make sure that everyone has a ground connection.

Treatment:

1st. Ensure that the one who is going to assist is isolated.

2nd. Turn off the electricity

4- Burns

Types:

Thermal burns they are caused by hot objects, liquids, or gases

hot

They are prevented with rubber gloves.

Electrical burns produced by electric discharges. Its

prevention is with rubber gloves.

Treatment: the same as any thermal burn

Chemical burns

Cause: they are due to contact of the skin or mucosa with corrosive agents,
like wheezing or strong gases

Treatment: more serious burns wash immediately with water and

neutralize with an appropriate agent. Vinegar for alkalis (alkaline), and
5% diluted sodium bicarbonate solution for strong acids. And the
Phenols or cresols are neutralized with diluted ethyl alcohol. And then to a
health center.

5. Main risks of the AP laboratory:

Preventive and protective measures to be adopted.
a- Mechanical risk: Derived from the use of instruments such as Microtome,
scalpels and handling of crystalonia
The team is becoming increasingly complex and must meet certain requirements.
security laws but one should not overlook the possibility of
accidents due to their handling.
Risk due to electricity with the possibility of occurrence.
burns and even electrocution. In addition, an electrical connection
defective or a poorly functioning instrument can be a trigger for the
explosion or ignition of some dangerous chemical substances.

b-Falls of people and objects:

b.1) Falls at the same level: The preventive measures we will adopt
they will be:
Remove dirt, papers, packaging, and waste against which
can stumble.
Remove unnecessary objects, containers, materials, tools that
they are not being used.
Install non-slip floors and steps that are easy to clean and
disinfection.
• Install drains for liquids, with floors that have sufficient slope.
to prevent water retention in areas with possible spills.
Quickly clean up dirt or spills.
Keep the passage areas clear and perfectly illuminated.
• Raise awareness among workers about maintaining order and the
cleaning of their workstations.
Wear appropriate footwear, with non-slip sole and with laces
properly tied.
• Mark and signal the obstacles that cannot be removed.
b.2) Falls from different levels: The preventive measures that we will adopt
they will be:
Ensure all elements of the ladders, place supports
non-slip and pay attention to the placement angle and shape of
utilization.
One must ascend the ladders with caution, always facing forward.
to them, holding on with both hands while going up and down, not carrying
objects in the hands.
Install railings in lofts and elevated work areas, with a strip.
intermediate and baseboard.
• Cover all openings in the floor or install guardrails.
Access to elevated places equipped with railings and steps with
non-slip surfaces.

b.3) Falling objects: The preventive measures we will adopt

they will be:
• Pay attention to the nominal load capacity of the medium
elevation and balancing of the materials.
Do not allow the load capacity of the shelves to be exceeded.
Establish the prohibition of standing under suspended loads.
Information on the correct use of lifting and transportation equipment
loads.
 • Ensure the stability of the stackings, hold or anchor
firmly attach the shelves to solid elements, placing the heavier loads
heavy on the low shelves.
• Perform periodic maintenance of the equipment (wheelbarrows,
pallet jacks, forklifts, etc.

Manual handling of loads

The preventive measures we will adopt are:
• Handle the loads with the help of auxiliary means (trolleys,
pallet jacks) or with the help of other people.
Use the available mechanical means for load handling.
Respect the maximum loads according to sex and age.
Training for workers on injuries that may occur and
correct postures in static position.
In the case of manually handling loads
we will take into account:

d- Standing work posture: The preventive measures we will adopt

they will be:
Avoid sudden and forced movements of the body as much as possible.
To reduce muscle tension, keep one foot resting on a
object or footrest and alternate one foot after another.
The work plan, in general terms, must be up to standard.
approximately of the elbows.
The body must be kept upright with the trunk straight.
 • Do not stay in the same position for too long, changing from
posture and performing gentle stretching movements of the
muscles

e- Physical type risks:

Electrical risk: The preventive measures we will adopt are:
Perform a visual check before starting to work.
As a general rule, the installation must be carried out in accordance with the
current regulations.
The insulation of the electrical wires must be in perfect condition.
Use grounding systems in combination with switches
differentials and thermal magnets.
Avoid using power strip outlets.
Periodic inspections of the electrical installation by authorized personnel,
as well as the repairs.
Check daily the condition of cables, plugs, and devices.
electric
• En caso de avería, desconectar la tensión, sacar el enchufe y comunicar
the damages for its repair.
In confined spaces or in containers and in environments with presence
for water, use low voltage equipment.
Do not use electrical appliances with wet hands and disconnect them.
equipment before cleaning them

-Fire risk: The preventive measures we will adopt are:

• Only have the necessary amount of flammable materials and
fuels for the work of the 11th day, the rest will be in storage or
independent isolated and ventilated rooms.
Prohibit smoking throughout the premises.
Signal and keep the emergency exits clear.
The distance to be traveled from any point should be limited
sector to one of the exits
Explosion-proof electrical installation in areas where there is a risk of
flammable atmospheres.
Review and maintain electrical installations, isolated and protected.
Install detection and alarm systems.
All staff at the healthcare center must be familiar with the plan.
emergency and evacuation implemented in the center, as well as the location
and operation of extinguishing equipment
• Place fire extinguishers appropriate to the class of fire,
maintenance of fire safety equipment and periodic drills of
simulated evacuation.

Radioactive risks: The preventive measures we will adopt are:

Isolate and/or shield the equipment properly.
Draft and observe the work instructions.
Individual, environmental or area dosimetry and health surveillance.
Designate and train specific workers.
Sign the risk areas indicating class and category.
Access to these places will be restricted to authorized personnel.
 Use interlocking systems on laser equipment.
• Inform workers about the risks of working with equipment that
emit radiations.
The material that emits radiation must be labeled and handled accordingly.
they will be carried out with the appropriate elements.
The surfaces of the installations will be smooth and seamless, with shields.
structural.
Control and management of waste.
Use personal protective equipment with CE marking that covers the
exposed parts of the skin, especially the face and eyes (gloves, screens,
etc.).

f- Chemical type risks:

-Contact with hazardous chemicals: The preventive measures that
we will adopt will be:
Use substances with the same properties but that are less
dangerous.
Store chemicals in suitable, well-ventilated places.
marking their location and keeping them in their original containers.
Demand the safety data sheets from the manufacturer for the products.
Establish an action plan for the use of the products: methods of
work, collective protections, individual protections, storage, hygiene and
cleaning before, during, and after use.
Avoid skin contact by using gloves, mixers, paddles,
closed systems, homogenizers.
• Arrange and use personal protective equipment, marked with CE,
according to the usage prescriptions of these and the safety data sheet of the
products.
• Have neutralization methods, spill collection, and
waste disposal.
Do not use sawdust to absorb flammable liquids.
Do not discharge hazardous or polluting substances into the general drainage network.
untreated.
Keep the containers closed.
Cover cuts and wounds with waterproof bandages.

-Cytostatic compounds: The preventive measures we will adopt will be:

It is recommended to work in a Class II biological safety cabinet with airflow.
vertical laminar air. Clean the cabin daily, before and after use.
Use disposable latex surgical gloves for all procedures
of manipulation and administration operations of cytotoxic preparations.
Use protective clothing for the preparation procedures.
elimination of cytotoxic agents. The clothing must be without front openings,
with long sleeves and closed elastic cuffs.
Conduct periodic environmental controls.
Keep the containers tightly closed.
Access to the preparation area must be limited to authorized personnel only.
Cytotoxic agents must be properly labeled.
contaminated materials will be placed in airtight containers, appropriately
identified as hazardous waste.
 g- Biological risks: The preventive measures we will adopt are:
Establish and implement a cleaning and disinfection program.
Natural or forced ventilation of the premises.
Vaccination of healthcare personnel at risk of infection.
Disposable gloves will be changed after contact with each patient, and if
during their employment they were pierced, it is necessary to remove them, wash hands and
put on some new ones.
Proper disposal of waste and refuse.
Prohibit pipetting by mouth.
Cover cuts and wounds with waterproof bandages.
No smoking, eating or drinking in the workstations.
Do not carry personal items, such as rings, bracelets, watches, that may
to come into contact with potentially hazardous products.
• Maintain a high level of personal hygiene. Wear clean and appropriate clothes.
exclusive to the activity to be employed.
h- Psychosocial factors: The preventive measures we will adopt will be:
The worker will be provided with maximum information about the entirety.
of the process in which he is working.
• Distribuir claramente las tareas y competencias.
Plan the different tasks of the day, taking into account one part
for unforeseen events.
Take breaks or alternate tasks to avoid monotony at work.
Avoid excessive working hours, resting during the regulatory periods
after guards or night shifts.
Shifts should respect the sleep cycle as much as possible. To do this, the
shift changes must be between 6 and 7 in the morning, 2 and
3 in the afternoon and 10 and 11 at night.
Inform workers of the potential risks in job positions with
hazardous products. Raise awareness of the existing risk, promoting the idea
of security and learning.

Signage
Risk of shocks and falls

Product labeling
 Safety phrases: The purpose of these instructions on the labeling is to inform
the disposition of workers a fundamental instrument that contains
informaciones sobre los riesgos de las sustancias y preparados peligrosos y
warn people about the dangers of manipulation.
These instructions are carried out using the phrases 'R' and phrases 'S'. The phrases
"R" allows identifying the risks attributed to substances and preparations
dangerous. The 'S' phrases indicate precautionary advice establishing measures
related to the handling and use of hazardous substances and preparations.

7. Types of extinguishers

-Class "A" Fire Extinguisher: It is the extinguisher whose use is the most appropriate
for Class "A" fires, that is, for those known as materials
common solid fuels, such as: wood, textiles, paper, rubber and
certain types of rubber. The base or extinguishing agent of this extinguisher is water.
These operate under constant pressure, with a pumping reservoir or by reaction.
chemistry.
This type of fire extinguishers have practically stopped being manufactured, for various reasons.
reasons, and one of them is that the multipurpose extinguisher can be used for
this type of fire.

Class 'B' Fire Extinguisher: This type of extinguisher is the one that is most
effective for fighting class 'B' fires, and as we had already
mentioned before are these the fires that occur in liquids
flammable and/or combustible petroleum derivatives. The base or agent
the extinguisher of this extinguisher is the Mixed Chemical Powders, among which
we can name: Sodium Bicarbonate, Potassium Bicarbonate (Purple K)
Potassium Chloride, Ammonium Monophosphate, Potassium Urea Bicarbonate.

Its operation is through internal pressure given from the moment of filling or
through external pressure given by a cylinder and it expels the dust, these
powders for effects on the body are not toxic, but in high concentrations
 suffocating. Depending on the packaged powder, it can be used for AB fires.
and ABC, but for Class "D" fires, it should not be used.

Class 'C' Fire Extinguisher: Just like those for class 'A' and 'B', the
Class 'C' fires also have an effective extinguishing agent and in this type of
fire we must take into account the existing risk regarding contact with
electric energy, therefore, the improper use of a fire extinguisher can
to harm us. The base or extinguishing agent used in this extinguisher is water
(C02), which among its properties highlights the non-electrical conductivity. Its
operation is through internal pressure, which is provided by the same CO2 inside
from its container.

Class 'D' Fire Extinguisher: It is the essential and effective extinguisher for
Class 'D' fire combat, knowing beforehand that these are the fires
that are presented in reactive materials. As a base extinguishing agent for this
what type of fire extinguisher do we have:

G-1 powder is a sifted graphite of organic phosphate that releases gases.

which smother and cool, are used in magnesium, sodium fires,
lithium, titanium, calcium, aluminum, steel, etc.
Metal Powder is a metallic extract mainly of Sodium Chlorate and
Tricalcium Phosphate. It is used in magnesium, hatred, potassium fires and
alloys.
Non-commercial powders, such as talcum powder, graphite powder, dry sand,
baking soda
Other Extinguishing Agents: Foam is a mass of gas bubbles that
it is formed through a solution of water and other chemical agents.

PRX extinguishing agent. The liquid fire suppressant agent is a solution

aqueous solution of specially formulated organic salts, non-corrosive non-toxic,
in addition to its extinguishing potential, it forms a sealing layer of vapors, delivering
a cooling effect that benefits the processes of lowering the temperature of
combustible below the autoignition point.

Its color is red, it has a storage duration of 12 years, with Pto.

Congelamiento -12°C y Pto. De ebullición 102°C.

8. Bodies responsible for overseeing compliance with

regulations on prevention
Article 40.2 of the Constitution entrusts public authorities with one of the
guiding principles of social and economic policy, ensuring safety and hygiene in
the work.

This constitutional mandate entails the need to develop a policy of

protection of workers' health through risk prevention
derived from work.
The policy on occupational risk prevention, as a set of actions
of public authorities aimed at improving working conditions for
raise the level of protection of the health and safety of workers, is articulated in the
Occupational Risk Prevention Law according to the principles of effectiveness, coordination
and participation.

This policy will be implemented through a series of administrative actions that

they will be oriented towards the coordination of the different competent Public Administrations
in preventive matters, among themselves, and with the actions corresponding to employers and
workers.

The General Administration of the State, the Administrations of the Communities

Autonomous and the entities that make up the Local Administration must provide themselves
cooperation and assistance for the effective exercise of their respective competences in
occupational safety and health matters.

In the field of risk prevention arising from work, they have competencies.
different administrations:

Labor Administration: it is responsible for most of the functions

what public authorities have been entrusted with in terms of prevention of
occupational risks. To fulfill these functions, it has some
specific organizations such as the National Institute of Safety and Hygiene in
Labor, the Labor and Social Security Inspection, or the National Commission
of Occupational Safety and Health.
The Health Administration: is responsible for health aspects of the
prevention of labor risks through promotional activities,
prevention and protection of workers' health. It fulfills those functions at
through some agencies dependent on the National Institute of Health
such as the National Institute of Occupational Medicine and Safety, the School
National Institute of Occupational Medicine or the National Silicosis Institute.
The Administration of Industry: with the development of regulations and inspection
and control over industrial safety, standardization activities and
certification..., through institutions such as the Coordination Council of the
Industrial Safety or AENOR (Spanish Association for Standardization and
Certification).

8.1. LABOR ADMINISTRATION.

It is the responsibility of the Labor Administration to act, in general terms, regarding the
conditions and requirements that must be met in preventive matters in all
work activities to ensure the safety and health of workers against
the risks derived from work.

Among the functions assigned to him/her are:

Promotion of prevention: through the technical bodies in the field

preventive, through technical assistance and cooperation, the information,
dissemination, training, and research in the field of safety and health
labor.
 •Monitoring and control of compliance with regulations: following up on the
preventive actions that are developed in companies to provide
compliance with the provisions established in the regulation on risk prevention
labor
Sanctioning authority: regarding administrative type violations that
establishes the Labor Risk Prevention Law against the
business non-compliance with safety obligations and
occupational health.

Some of these functions are exercised through different institutions and organizations.
with specific competencies and areas of action

A) The National Institute for Safety and Health at Work.

It is an autonomous body of the Ministry of Labor and Social Security that depends on
functionally of the General Directorate of Labor. Its structure and competencies are
regulated in Royal Decree 577/1982, of March 17 (BOE 22/3/82).

Article 8 of the Occupational Risk Prevention Law defines the National Institute
of Occupational Safety and Hygiene as the specialized technical scientific body of
the General State Administration whose mission is the analysis and study of the
safety and health conditions in the workplace, as well as the promotion and support for
improvement of the same.

The Institute, in fulfillment of this mission, will have the following functions:

Technical advice in the preparation of legal regulations and in development

of normalization, both at the national and international level. Likewise,
will provide, in accordance with the competent administrations, technical support
specialized in certification, testing, and accreditation.
Promotion and, where appropriate, implementation of training and information activities,
research, study, and dissemination in the field of risk prevention
labor, with the appropriate coordination and collaboration, where applicable, with the
technical bodies in preventive matters of the Autonomous Communities in the
exercise of their functions in this subject.
Technical support and collaboration with the Labor and Social Security Inspection
in the fulfillment of its function of oversight and control of the regulations on
occupational risk prevention.
Collaboration with international organizations and development of programs
international cooperation in this area, facilitating the participation of the
Autonomous Communities.
Any others that are necessary for the fulfillment of its purposes and that
they are entrusted within the scope of their competencies, in accordance with the
National Commission for Safety and Health at Work, with the collaboration, in
your case, from the technical bodies of the Autonomous Communities with
competencies in the subject.

The National Institute of Safety and Hygiene at Work, within the framework of its
functions, ensures coordination and supports the exchange of information between the
different Public Administrations, and especially promotes and provides support to the
realización de actividades de promoción de la seguridad y de la salud por las
Autonomous Communities.

In relation to the Institutions of the European Union, the National Institute of

Occupational Safety and Hygiene acts as a reference center in Spain,
ensuring the coordination and transmission of the information that must be provided to
national scale, particularly regarding the European Agency for Safety and
Occupational Health and its Network.

The operational structure of the Institute is as follows:

The Management: represents the Institute, promotes its activity and coordinates the
actions of the other bodies.
The General Council: it is a body for participation in the management of composition
tripartite (most representative unions, business organizations and
Public Administration), its function is to inform about the general criteria and
action plans in the area of occupational safety and health.
The National Centers: there are four organizations assigned
specific issues at the national level, such as: Working Conditions
(Barcelona), New Technologies (Madrid), Means of Protection (Sevilla) and
Machinery Verification (Baracaldo)
Provincial Technical Cabinets: execute the competencies of the Institute to
provincial level. (Currently, the majority of the Autonomous Communities
they have assumed the competencies for the execution of the regulations regarding
occupational safety and health in the scope of its territory.)

Among its main activities, the following are included:

Conduct studies and reports on working conditions (locations and positions)

work, equipment and hazardous work materials, groups of workers
especially sensitive to certain risks, ergonomic conditions,
control and concentration of pollutants,...
Provide technical advice and assistance to companies, to workers and
their representatives, and cooperate with the Labor Inspection and other organizations
in technical aspects
Analyze and investigate the causes of workplace accidents and illnesses
professionals, proposing corrective measures.
Promote and develop programs on methods and techniques of safety and health
at work.
Carry out the verification of equipment and technical means homologation
prevention and protection.
Program, organize, and develop training plans in the field of security
and occupational health.

It should be remembered that, although the National Institute of Safety and Hygiene in the
Work has no sanctioning or resolving powers, it is very important to appeal.
to their reports and advice, as they can help us identify and assess the
various risk factors that exist in our workplace. In addition, in some
In cases, the jurisprudence gives legal value to their reports.
The vast amount of technical information held by the National Institute of Safety
Occupational Hygiene makes this organization an excellent ally in the tasks.
preventive. As a prevention delegate, it is essential that you request from the technicians
from the Institute all kinds of information on occupational safety and health, as they can
it will be of great use in your daily union activity in the company.

B) The Labor and Social Security Inspectorate.

We have seen that one of the basic functions of Labor Administration consists of
the surveillance and control of compliance with regulations, that is, to carry out a
monitoring of the preventive actions carried out in companies to provide
compliance with the provisions established in the regulations on occupational risk prevention.

The control of compliance with occupational health and safety regulations is carried out
through the action of the Labor and Social Security Inspection. This body
It does not have sanctioning authority; its mission is to verify the existence of
violations of the regulations on occupational risk prevention.

If any type of non-compliance is detected, it will require the responsible party to rectify it, and
in the event that the infringing acts persist, it will raise the corresponding record of
Violation, proposing a sanction.

The authority to sanction infractions in preventive matters, according to the

The proposal from the Inspection corresponds to the competent Labor Authority at the level
provincial (up to 30,050.61 euros.), to the Director General of Labor (up to 90,151.82 euros.)
euros), to the Minister of Labor (up to 300,506.05 euros), or to the Council of Ministers
(up to 601,012.10 euros).

Its main mission, in terms of safety and health, is to monitor and control the
compliance with regulations on occupational risk prevention. Article 9 of
the Law on Occupational Risk Prevention outlines some specific functions
from the Labor Inspection:

Monitor compliance with occupational risk prevention regulations,

as well as the legal-technical standards that affect the conditions of
work, proposing to the competent Labor Authority the sanction that
respond when a violation of the regulations is detected.
Provide advice to companies and workers and their representatives
about the most effective way to comply with the provisions for which it is responsible for monitoring
commissioned.
Prepare reports for the Social Courts in response to the lawsuits that are
caused by Work Accidents and Occupational Diseases.
Inform the Labor Authority about Work Accidents (fatal, very
serious or severe), Occupational Diseases...
Check and promote compliance with the obligations undertaken by the
Prevention Services.
Order the immediate halt of work in case of serious risk.
imminent to the safety or health of workers
The Labor Inspection can act on its own or at the request of others.
organizations, judicial decisions, or at the request of companies or workers.

When you visit a workplace, you must inform the employer of your presence, as
like the Prevention Delegates, who, in addition to accompanying the visit, will be able to
make as many observations as you deem appropriate.

Finally, the Labor Inspection must inform employers and workers of their
results and observations, as well as consulting with both parties about the plans of
action to be taken regarding those deficiencies that have been observed.

C) The National Commission for Safety and Health at Work.

The Occupational Risk Prevention Law creates the National Safety Commission and
Occupational Health as a collegiate body of institutional participation in the field
on safety and health at work to advise Public Administrations on the
formulation of prevention policies.

La Comisión esta integrada por un representante de cada una de las Comunidades

Autonomous cities and the cities of Ceuta and Melilla. (19 in total), and by the same number of
members of the General State Administration and equally with all the
previously, by representatives of business and union organizations more
representatives.

The Commission has a President and four Vice Presidents, one for each of
the groups that make it up. The Presidency of the Commission corresponds to the Secretary
General Directorate of Employment and Labor Relations, with the Vice Presidency attributed to the
General Administration of the State in the Undersecretary of Health and Consumer Affairs.

The National Institute of Safety and Hygiene at Work exercises the General Secretariat
from the National Commission for Safety and Health at Work, providing assistance
technical and scientific necessary for the development of their competencies.

The National Commission of Security and Health at Work will approve its own
Internal regulations that will establish its mode of operation, in Plenary, in Commission
Permanent or in Working Groups.

The adoption of their agreements is by majority. To this end, the representatives of the
Public administrations will each have one vote and the organizations will have two.
business and union.

The Commission is aware of the actions carried out by the Public Administrations
competent in the field of promoting occupational risk prevention,
technical advice and monitoring and control, and may inform and make proposals
in relation to such actions, specifically regarding:

Criteria and general action programs.

Projects of general provisions.
Coordination of the actions developed by the Public Administrations
competent in labor matters.
 Coordination between the competent Public Administrations in the matter
labor, health and industry.

The Fifth Additional Provision of the Law on the Prevention of Occupational Risks
contemplates the creation of a Foundation attached to the National Security Commission and
Occupational Health, whose purpose will be to promote the improvement of working conditions.
safety and health, especially in small businesses, through actions of
information, technical assistance, training, and promotion of compliance with the
labor risk prevention regulations.

A heritage will be provided to the Foundation for the fulfillment of its purposes.
to the Prevention and Rehabilitation Fund arising from the excess of surpluses from the
management carried out by the Workers' Compensation Mutuals
Social Security Professionals.

8.2. HEALTH ADMINISTRATION.

The actions of the competent Public Administrations in the field of health,

applied in the field of occupational health, are implemented through the provisions in the
General Health Law (Law 14/1986, of April 25, BOE 29/4/86) and provisions
dictated for their development.

The Occupational Risk Prevention Law (art. 10) outlines the main functions of
the Health Administrations:

- El establecimiento de medios adecuados de evaluación y control, sobre las

health-related actions carried out by the Prevention Services in the
companies.
The establishment of informative procedures that allow for the preparation of
labor risk maps, as well as the performance of the corresponding
epidemiological studies for the identification and prevention of pathologies that
affect or may affect the working population.
The supervision of the training in preventive matters received by the staff
healthcare participant in the Prevention Services.
The preparation and dissemination of studies, statistics, and research on the
occupational health.

For the development of general policies in the field of safety and health in the
work, the competent Public Administrations in health matters have a
series of specialized organisms, integrated into the National Institute of Health,
how they are:

A) The National Institute of Occupational Medicine and Safety.

The second additional provision of the Occupational Risk Prevention Law states
the Organization of Corporate Medical Services has been extinguished, whose functions
will be carried out by the competent Health Administration.
The resources and functions assigned to both the National Institute of Medicine and Safety
From the Work to the National School of Occupational Medicine they are assigned and will be
developed by the units, agencies, and entities of the Ministry of Health and
Consumption according to its organization and internal distribution of competencies.

The functions of the National Institute of Medicine and Occupational Safety are the
following:

Research on methods of identification and prevention of accidents

work and occupational diseases, as well as the effects of conditions
work on health.
Advising in the field of occupational risk prevention to entities
officials, businessmen, and workers.
Disclosure and promotion of information and preventive activities among the
workers.

B) The National School of Occupational Medicine.

The National School of Occupational Medicine was founded in 1948 with the purpose of
provide specific training in occupational health for professionals
sanitary. Specifically, it assumes the following functions:

Training and improvement of doctors and other health professionals.

Specialization and deepening training activities in Medicine
Work.
Specific training courses in various health disciplines.

C) The National Institute of Silicosis.

According to the second additional provision of the Occupational Risk Prevention Law,
The National Silicosis Institute maintains its status as a reference center.
national, with functions of prevention and technical-health assistance in the field of
occupational diseases that affect the cardio-respiratory system.

9. Responsibilities of the worker and the employer

sanctions in the field of security
TheLaw on the Prevention of Occupational Risksimposes on the employer and the employee a
series of obligations in order to guarantee safety and health at work. Therefore,
both subjects will be responsible, each within their respective areas, in the
to the extent that their actions or omissions imply non-compliance with regulations.

Employer's responsibility

Article 14 of the Occupational Risk Prevention Law (LPRL) imposes on the employer
a series of obligations in order to ensure safety and health at work,
recognizing the worker's right to effective protection in this matter.
As the doctrine points out (Franco Room), the business obligation 'is an obligation of
means and not results, for which the businessman will fulfill his generic obligation
fulfilling all the specific obligations in which it is defined, putting
all the necessary measures to prevent damage, even if it eventually occurs
produce and, conversely, will breach its generic obligation by failing to
some of the specific obligations, even if no harmful result occurs.

In this regard, Article 42 of the LPRL establishes that 'the non-compliance by the
employers of their obligations in the area of occupational risk prevention will provide
place to administrative responsibilities, as well as, if applicable, to responsibilities
penal and civil for the damages and losses that may arise from such
non-compliance.

Administrative responsibility.

The employer's non-compliance with the regulations on prevention of

occupational risks generate an administrative responsibility. TheLaw on Offenses and
Sanctions in the Social Order (LISOS) categorizes as violations the actions or
omissions by employers who violate regulations in social matters, among others,
those related to occupational safety and health (art. 1.1 and 11 LISOS).

The sanctions provided (art. 39 and following of the LISOS) are mainly of
economic character and range between 40 and 819,780 euros in fines, depending on the case.
of minor, serious or very serious offenses. Within each of them, the degrees are graded.
sanctions based on the concurrence of a series of aggravating criteria or
mitigating factors.

On the other hand, when circumstances of exceptional seriousness occur in the

violations may also result in a sanction consisting of the suspension of activities
temporary labor or even in the closure of the workplace
corresponding (art. 53 LPRL). In addition, the power to contract may be restricted with the
Administration when very serious administrative offenses have been committed in
subject of safety and health at work, or constitutive of a crime (art. 54 LPRL), everything
Hello in the terms provided in the specific legislation (art. 20.d of theLaw of
Public Administration Contracts).

All of this without prejudice to the fact that responsibility may also be demanded from other parties.
violators, including the affected worker who may have directly contributed
in the commission of the business offense.

Criminal liability.

ThePenal Codeestablish various criminal types in which the entrepreneur may incur
fail to fulfill their duty to protect the safety and health of workers:

a) The crime against safety and health in the workplace defined in article 316 of the Code
Criminal Code (CP) according to which 'those who violate the rules of risk prevention
labor and being legally obliged, do not provide the necessary means for
workers perform their activities with safety and hygiene measures
adequate, in such a way that they seriously endanger their life, health, or physical integrity,
they will be punished with prison sentences of six months to three years and a fine of six to
twelve months." It is a crime of risk and not of result, so it is not required to
production of a harmful result.

b) The offenses and minor offenses of injuries and homicide specified in articles 147, 138, 142 and
621 of the Penal Code, on the condition that a harmful or damaging result occurs.

On the other hand, according to Article 318 of the Penal Code, 'when the acts provided for in the articles of this
title shall be attributed to legal entities, the penalty specified shall be imposed on the
administrators or service managers who have been responsible for them and
those whom, knowing them and being able to remedy it, would not have taken measures to
Hello. In these cases, the judicial authority may also decree one or more...
of the measures provided for in Article 129 of this Code." Among these measures are
the closure of the company or its premises either temporarily or permanently, the suspension
temporary of their activities or of being able to carry them out in the future, the intervention of the
company for the necessary time, its dissolution, etc.

Likewise, it should be remembered what is established by article 31 of the Penal Code, according to which 'the one who...

act as a de facto or de jure administrator of a legal entity, or on behalf of

legal or voluntary representation of another, will be personally liable, even if not
the corresponding figure meets the conditions, qualities, or relationships
of crime or offense required in order to be an active subject of it, if such circumstances
they are given in the entity or person on whose behalf or representation they act. In these
assumptions, if a fine is imposed on the author of the crime in the sentence, it will be
responsible for the payment thereof directly and jointly the legal entity in
whose name or on whose account he acted.

Civil liability.

Civil liability arising from the criminal.

The businessman may be subject to civil liability for the commission of a

a crime or offense if their actions or omissions result in harm to third parties. Thus,
establishes article 116.1 of the Penal Code when it states that “every person criminally responsible for
A crime or misdemeanor is also civilly if damages or harm arise from the act.
(...)”.

Such civil responsibility is governed by what is established in the Penal Code, by express
remission of art. 1,902 of the Civil Code: "the obligations arising from crimes or
Offenses shall be governed by the provisions of the Penal Code.

In this regard, the Penal Code is responsible for regulating this subject in articles 110 and
following, according to which the execution of an act described by the Law as a crime or
failure requires repairing, under the terms provided by the Laws, the damages and losses due to
they caused. The established responsibility will include restitution, the repair of
damage and compensation for material and moral damages.

Contractual civil liability.

When the employer causes harm to the worker as a result of failing to comply with their obligations
obligations in terms of occupational risk prevention, will be responsible for
compliance with Art. 1.101 of the Civil Code: 'they are subject to compensation of'
damages and losses caused to those in the fulfillment of their obligations
incur in fraud, negligence or default, and those who in any way
contravene the tenor of those
at its contractual nature moment (STS 14-06-84).

In general, the requirements that must be met for the existence of

Civil liability for damages can be summarized in the following:

Existence of damages to the worker.

2. Action or omission, consisting of a non-compliance, usually serious, by
part of the employer's obligations regarding safety and health in the
work.
3. Corporate fault or negligence.
4. Causal relationship between business conduct and the damage produced.

This responsibility will essentially consist of satisfying compensation for damages.

and damages to the harmed party that will be determined by the corresponding court with character
discretionary (art. 1.103 CC) taking into account the concurrent circumstances and the damages
actually produced. As rightly pointed out by STS 2-10-00, 'the worker
the injured party or their heirs have, as a rule, the right to full compensation,
just as the harmful consequences of workplace accidents do not only affect the
work environment and to the reduction of capacity of such nature that it may suffer the
injured worker, but they can have detrimental repercussions in multiple
aspects or facets of his personal, family or social life of that person and of those individuals
that depend on the same.

For the determination of the compensation, deductions or calculations must be made regarding the
benefits recognized based on the protective regulations of Social Security
Social, especially when it is necessary to determine the amount of the compensation derived
of the damages affecting the professional or work area of the injured party (STS
citada).

And it is that, as pointed out by the STS 9-2-05, 'Social Security benefits do not exhaust'
the total compensation that could be claimed for civil liability for
fault or negligence of the employer in the production of a work accident, but it
are included in that total compensation and are therefore deductible from the amount that
they would have had to pay if such benefits had not existed, since the
do not change that total amount and cannot be added to it because they
it would produce an excess lacking cause, as is evident when considering that the
social security beneficiary would receive compensation higher than someone not covered by it.
insurance and would have suffered equivalent damage due to comparable fault.

In the absence of an express legal standard in labor matters, the indemnity shall be
adequate, proportionate, and sufficient to achieve full repair or compensation
all damages and losses (direct damage, lost profits, material damages and
morales), that are proven to have been suffered as a result of a work accident in the
personal, work, family, and social spheres, although to facilitate the test or to form
the judicial evaluative criterion that judicial bodies can resort to analogically,
as made possible by article 4.1 of the Civil Code, to other norms of the legal system
que ante determinadas secuelas o daños establezcan unos módulos indemnizatorios.

Likewise, the eventual concurrence of should be taken into account for its determination.
blame between the worker and employer for mutual non-compliance with their respective obligations
obligations in terms of occupational risk prevention (STS 6-4-00). In any case,
no deduction or offset for any potential surcharge can be applied to that compensation.
benefits due to lack of safety measures (art. 123 LGSS).

Finally, the jurisprudence has stated, on the contrary, that there is no liability.
civil in the following cases: when the accident occurs for fortuitous reasons and
unpredictable (STSJ Valladolid 4-12-00), when the damages occur due to causes
foreign to the employment relationship or in the development of an activity unrelated to their main one
and removed from the direction, control, and discipline of the employer (STSJ Extremadura 25-1-
06), when it is due to a particular misuse of the prevention mechanisms
available on the part of the worker (STSJ Catalonia 21-3-03) or when it is due to their
exclusive blame (STS 12-2-04).

Competent jurisdiction: It will be competent to judge the disputes between

entrepreneur and worker due to the employment relationship the social jurisdictionart. 2.a
LPL).

This is how jurisprudence has declared it (STS 28-05-94) by stating that 'the infringement of
a state or collective standard or a rule of private autonomy or of custom
(art. 3 of the ET), whose production causes damage constituting a labor offense the
responsibility is no longer civil but labor, being covered in art. 2.a LPL, which
attributes to the social order the litigated issues that arise between businessmen and
workers as a result of the employment contract, it being irrelevant that the
controversial liability can be classified as extracontractual, when the act
the causative agent presents itself with complete abstraction from the pre-existing obligation, or as
contractual; the decisive factor is that the damage is attributed to a labor breach and not
civil.

In the same vein, the SSTS 22-05-06 and 1-12-03 state that 'the
employer assumes the obligation in the employment contract to 'ensure safety and
health of the workers at their service in all aspects related to work
Article 14.2 of the LPRL, the duty of safety in the workplace is classified as fundamental in the
articles 4.2.d) and 19.1 ET. This obligation, imposed by law, must imply that failure to
compliance with the standards guaranteeing safety at work, by the
employer, constitutes a breach of the employment contract, a contract that
it constitutes the essential parameter for determining and delimiting the jurisdiction of the order
labor jurisdiction, in accordance with the provisions of articles 9.2 of the LOPJ and 2 of the LPL.

However, the First Chamber (Civil) of the Supreme Court (STS 21-6-06) also
has declared competent to know the civil liability arising in the field
labor, considering that "in effect of articles 9.5 and 6 of the LOPJ it is derived that the
Matter to determine the competence of the social jurisdiction refers to the
issues concerning the scope of the employment contract and other related matters
with collective conflicts, Social Security and Mutual Societies; and such circumstance
binding does not apply in the disputed case, where what happened was the manifestation
of a harmful result as a consequence of an act carried out in the chores
labor issues, which exceed the specific scope of the employment contract, and allows
to understand that their knowledge corresponds to civil order due to its residual nature and
extensive, especially since the demand refers to the fact that the action exercised is the
personal liability for damages and losses covered under articles 1902 and 1903
of the Civil Code”, an argument that doctrine has deemed inadmissible (Ramírez
Martínez J. M.

In any case, it should be noted that civil liability may also be claimed.
before the criminal jurisdiction when a criminal case is pursued for the same facts, or in a manner
autonomous, if the appropriate reservation of actions has been made (art. 109 CP which, nevertheless
referring to civil jurisdiction, it should be understood here as made to social jurisdiction.

Deadline. The statute of limitations is one year from the day the action
could be exercisedArticle 59.2 of the Labor Statute)

Liability insurance: Civil liability, whether derived from a crime or not,

it is insurable in accordance with the provisions of article 15.5 of the LPRL and article 117
from the CP. In this sense, 'the insurers that have assumed the risk of the
financial responsibilities derived from the use or exploitation of any asset,
company, industry or activity, when, as a consequence of an event provided for in this
Code [penal], the event that determines the insured risk will occur,
direct civil liable up to the limit of the legally established compensation
or conventionally agreed upon, without prejudice to the right of recourse against whom
correspond.

Surcharge on benefits due to lack of safety measures.

According to Article 123 of the LGSS, 'all economic benefits that have their
causes of work accident or occupational disease will increase, according to the
severity of the offense, from 30 to 50%, when the injury is caused by machines,
artifacts or installations, centers or workplaces that lack the
regulatory precaution devices, whether they are out of service or in poor condition
conditions, or when the general or specific measures have not been followed
safety and hygiene at work, or the basic health standards or those of adequacy
personal to each job, taking into account its characteristics and age, sex, and others
worker conditions.

The responsibility for the payment of the surcharge established in the previous section will fall on
directly against the infringing entrepreneur and cannot be subject to any insurance.
any agreement or contract made to cover it shall be null and void in full right,
compensate it or transmit it.

The responsibility regulated by this article is independent and compatible with those of
any order, including criminal, that may arise from the infringement.

Compatibility regime among the different responsibilities.

Article 42.3 of the LPRL states that 'administrative responsibilities that are'
deriving from the sanctioning procedure will be compatible with the compensations for
the damages and losses caused and the surcharge of economic benefits of the system of
the Social Security that may be established by the competent authority in accordance
with the provisions of the regulations governing that system.

a. Firstly, civil liability is compatible with all the others, it is

to state, with the criminal and/or administrative responsibilities, the surcharge on the
benefits and the responsibility of the managing entity or the employer in
social security matter.
Secondly, the responsibilities are incompatible with each other.
administrative and criminal, based on the principle 'non bis in idem' established by the
Article 3 of the LISOS: "the actions that have taken place cannot be sanctioned."
sanctioned criminally or administratively, in cases where identity is appreciated
of subject, fact or foundation." It should be noted, however, that this identity
it will only occur when the employer is an individual, as there are concurrent
in him the condition of an infringing businessman and that of being criminally liable, and not
when it comes to a legal entity, in which case there will be no
incompatibility between the administrative responsibility required of the company and
the criminal liability required of its representative.

Furthermore, according to said article, 'in cases where the violations

could constitute a criminal offense, the Administration will pass the notice of
blame the competent judicial body or the Public Prosecutor's Office and refrain from
continue the sanctioning procedure while the judicial authority does not issue
final sentence or resolution that ends the procedure or while the
The Public Prosecutor's Office does not communicate the inadmissibility of initiating or continuing
actions. If the existence of a criminal offense had not been considered, or in the case of
if a resolution of another type had been issued that ends the criminal proceedings,
the Administration will continue the sanctioning file based on the
facts that the Courts have considered proven.

Thirdly, criminal and/or administrative responsibilities are compatible.

with the surcharge on benefits due to lack of safety measures according to article 123
of the LGSS. This article establishes that 'the responsibility that regulates this
the article is independent and compatible with all kinds, including criminal ones, that
that may arise from the violation.

This has also been considered by the jurisprudence (STS 2-10-00) when stating that
the surcharge "is a penalty or sanction added to one's own provision,
previously established and whose allocation is only attributable in a way
exclusive, to the company failing to comply with its duties in terms of safety and
hygiene at work, aimed at preventing workplace accidents
originated by business violations of labor risk regulations,
attributable, therefore, to the infringing employer, who had adopted
Previously, the appropriate measures could have prevented the damaging event.
happened to the workers included in their organizational circle. The aim is
indirectly coercively promote compliance with duty
business security, specifically increasing its responsibilities
 in order for the company not to find it less burdensome to compensate for the
Accident victims should take appropriate measures to avoid the risk of accidents.

On the other hand, according to constitutional jurisprudence (STC 159/85), the possible
the coexistence of the surcharge with an administrative sanction would not involve
violation of the principle of 'non bis in idem' since 'as long as the surcharge creates a
compensatory relationship between employer and injured party, the administrative sanction is
it falls under the state authority to impose protection on workers.

Likewise, in accordance with art. 42.5 'the declaration of proven facts

that contains a final ruling from the contentious jurisdiction.
administrative, related to the existence of a violation of the regulations of
labor risk prevention will link to the social order of the jurisdiction, in
what refers to the surcharge, if applicable, of the economic benefit of the system
of Social Security.

d. Finally, the criminal and/or administrative responsibilities are compatible with

the responsibilities required of the employer in accordance with the regulations
social security. This is established by Article 43 of the LISOS by stating that 'the
sanctions that may be imposed on the different responsible subjects, are
they will understand without prejudice to the other responsibilities that can be demanded from them,
according to the provisions of the General Law on Social Security and its
"provisions for application and development," likely referring to
those indicated, among others, in articles 127.3, 195 and 197.2 of
theLGSSresponsibility regarding benefits due to lack of insurance
or quote, or due to the lack of mandatory medical examinations in case of
risks of occupational disease, corporate non-compliance before
requirements of the labor authority, etc.

Worker's responsibility

In accordance with Article 29 of the LPL, it is the responsibility of each worker to ensure, according to
its possibilities and through compliance with the prevention measures that in each
if adopted, for their own safety and health at work and for that of others
other people who may be affected by their professional activity due to their actions and
omissions at work, in accordance with your training and the instructions of
businessman.

The workers, according to their training and following the instructions of

entrepreneurs, should in particular:

Use appropriately, according to its nature and foreseeable risks,

machines, devices, tools, hazardous substances, transport equipment and,
In general, any other means by which they carry out their activity.
Use the provided means and protection equipment correctly.
businessman, in accordance with the instructions received from him.
Do not disable and use the devices properly.
existing security or that are installed in the means related to it
activity or in the workplaces where it takes place.
 Immediately inform your direct superior and the workers.
designated to carry out protection and prevention activities or, as the case may be,
to the prevention service, regarding any situation that, in their opinion, entails,
for reasonable reasons, a risk to the safety and health of the
workers.
Contribute to the fulfillment of the obligations established by the authority
competent in order to protect the safety and health of workers in
the work.
Cooperate with the entrepreneur so that they can ensure certain conditions of
jobs that are safe and do not pose risks to the safety and health of individuals
workers.

The non-compliance by workers with obligations in the area of prevention of

risks referred to in the previous sections will be considered as
labor non-compliance for the purposes set forth in article 58.1 of the Statute of the
Workers (...)

Therefore, to the extent that it causes harm to third parties, it will be obliged to respond for it.
virtue of the generic obligation not to harm anyone imposed by article 1,902 of the
Civil Code (extracontractual civil liability): 'he who by action or omission
causes damage to another, intervening fault or negligence, is obligated to repair the damage
caused.

However, it should be remembered that, even if the worker is responsible, due to the
Article 1,903 of the Civil Code, the businessman may be obliged to respond civilly for
the acts of the one: "The obligation imposed by the previous article is enforceable, not only
for the acts or omissions of oneself, but for those of the persons from whom one must
respondents. (...) Likewise, the owners or directors of an establishment are.
company regarding the damages caused by its employees in the service of the
branches in which they had employees, or on the occasion of their duties.

This civil liability is of a joint nature so that the injured third party
It may be directed, interchangeably, against the worker, against the employer or against
both simultaneously (1.144 CC). In any case, the entrepreneur, in the event that the
the worker would have acted without following his orders, he may repeat against him in the
in case it had repaired the damage caused by this (1.145 CC).

In similar terms, Article 120 of the Criminal Code is pronounced when there is criminal liability.
of the worker, in which case the employer could be held civilly liable, albeit with
subsidiary character (in case of the worker's insolvency).