Is it mandatory for the company to have an occupational risk prevention service?

Occupational risk prevention, PRL, has been mandatory for all companies since 1995. And it is also for those self-employed who have hired workers.

The regulations on the prevention of occupational risks, contained in Law 31/1995 of November 8, decree that any employer has the obligation to protect his workers against any possible risk in his work environment, in addition to adopting all the measures that are necessary to carry out this protection in order to prevent situations that may cause accidents and occupational diseases.

We clarify all your doubts on this subject.

What is an occupational risk prevention plan?

It is an essential tool not only to meet legal obligations, but also to promote a safe and healthy work environment for all employees.

This strategic plan includes the identification of potential risks, the assessment of their impact and the implementation of preventive measures to mitigate them. Through a proactive and well-structured approach, the occupational risk prevention plan allows organizations to anticipate dangerous situations, minimize the possibility of accidents and occupational diseases and foster a culture of safety and well-being that benefits both employees as employers.

All workers have the right to health protection. In this sense, the PRL has two sides. On the one hand, it is a right of employees. And, on the other hand, it is an obligation for both workers and employers.

For whom the PRL is mandatory in the work environment

• Any type of company or freelancer with contracted workers.
• Freelancers without dependent workers but who are affected by the regulations on the coordination of business activities: in this case, they must report the risks posed by their activities or equipment.
• Communities of owners

And who is in charge of management?

With regard to the management of the prevention of occupational risks, those companies or self-employed persons who have contracted up to ten workers may take care of organizing the prevention as long as they regularly carry out their activity in the work center and have the necessary capacity, depending on the company's risks.

If you have more than ten workers, or if the sector of activity can be particularly dangerous, the employer needs to invest more in preventive matters, designating internal company staff with technical training in the prevention of occupational risks, or by outsourcing the service with an entity specialized in the prevention of these risks.

What happens if an employer fails to fulfill its obligations in this matter?

Although it is common for self-employed people and employers to be unaware of their obligations regarding the PRL, it must be remembered that ignorance of the Law does not exempt them from compliance.

Failure to comply with these obligations may result in administrative, civil and criminal liability. Infractions in the field of occupational risk prevention can be classified as minor, serious and very serious, with penalties and fines that can range from 40 to more than 8,000 euros.

In short, having an occupational risk prevention plan and managing it properly is mandatory for companies. These plans, as well as the PRL courses, are fundamental and of vital importance in helping to reduce one of the biggest labor problems in our country: accidents and the incidence of occupational diseases.

If you need more information, do not hesitate to contact DATA AND SERVICES