Why is it important to investigate work accidents?

Article 16.3 of Law 31/1995, of 8 November, on the Prevention of Occupational Risks, provides that "when there has been damage to the health of workers or when there are indications that the prevention measures are insufficient, the 'employer will conduct an investigation in this regard, in order to detect the causes of these facts.'

In this way, the obligation of the employer extends to investigate all those accidents with damage to the health of the affected workers.

What is considered a work accident?

Spanish legislation determines that an accident at work is any bodily injury that the worker may suffer as a result of the work they perform for others.

Therefore, for an accident to have this consideration it is necessary:

1. That the worker suffers a bodily injury. By injury we mean any bodily harm or detriment caused by an injury, blow or disease. Psychic or psychological sequelae or illnesses are assimilated to bodily injury.
2. That you perform a task on behalf of others.
3. That in the accident there is a direct causal relationship work-injury.

What assumptions are considered workplace accidents?

• Accidents caused by the tasks performed even if they are different from the usual ones: it is understood as a work accident, one that has happened during the performance of the tasks entrusted by the employer, or performed spontaneously by the worker in the interest of the good operation of the company (although those are different from those of its professional category).
• Accidents suffered at the workplace and during working hours. Injuries suffered during time and in the workplace are considered, unless proven otherwise, work accidents.
• Accident "in itinere", accidents of elective positions of union character ...

Which accidents are not considered work accidents?

  Accidents due to reckless recklessness of the worker. Reckless recklessness is considered when the injured party has acted contrary to the rules, instructions or orders given by the employer repeatedly and notoriously in matters of safety and hygiene. If there is a clear, unnecessary and serious risk, the jurisprudence understands that there is reckless recklessness, if it will not be a professional recklessness. and get to know them.

Who should investigate accidents or incidents?

Depending on the company and its characteristics, or the severity of the accident, the answer to this question will vary. An investigation by the boss / person directly responsible for the injured worker is recommended or, in those more serious incidents, an investigation by the prevention technician, advised if necessary by technical specialists from the various areas and accompanied by the boss. direct or other personnel related to the case.

Should we investigate all kinds of accidents?

Yes, it is recommended to investigate all accidents. In any case, the following should be investigated:

• Serious or fatal accidents.
• Minor incidents or accidents from which greater harmful potential is inferred.
• In repetitive cases. All research reports must conclude with the ordering of the results, the description of the accident, its causes, evidence and conclusions, providing the preventive measures to be taken in order of priority, in terms of preventive action. .

The research report, and all documents that may be related to it, will be filed with the Occupational Risk Prevention Service for at least five years. The report must also include all the documentation accrediting the fulfillment of the preventive obligations.

What kind of liability and sanctions exist when the report is not made ?

The arts. 12.3 and 4 of the Law on infractions and sanctions in the social order, Lisos, consider serious infractions in the matter of prevention of labor risks:

• "Failure to report in time and form to the labor authority, in accordance with current provisions, accidents at work that have occurred and occupational diseases declared when they are classified as serious, very serious or fatal, or not carried out an investigation in case of damage to the health of the workers or of having indications that the preventive measures are insufficient ".
• "Failure to record and file the data obtained in the assessments, controls, recognitions, investigations or reports referred to in Articles 16, 22 and 23 of Law 31/1995, of 8 November, on the prevention of occupational risks."

Finally, and in a more general way linked to the accident and the report, we must add that the company could be required to take administrative responsibility; a possible benefit surcharge; a criminal liability; a liability for damages: civil and labor.

If you need more information do not hesitate to contact DATA and SERVICES.