What you must know about Occupational Hazard Prevention at Owners' Community

Is Occupational Risk Prevention mandatory in Spain?

Yes, it is, both when the Community of Owners (from noe on OC) hires workers and when it doesn't hire. The Protection of Risks at Work (from now on PRW) diminishes risks in the OC and look after over  the workers health on the OC. With respect to health, there is an important point: unless the employee performs a dangerous task, no one can force him/her to undergo a medical check-up. 

What does the Spanish legislation says about occupational hazards?

In the article 40 of the Constitution states: 'public authorities shall promote a policy that guarantees professional training and retraining; they shall ensure occupational health and safety (...)". Although the precept refers to the Public Administration, do not forget that the Constitution is a governing text for subsequent laws. Thus, Law 31/1995 on "Prevention of Occupational Risks" developed the legal framework. Article 14 of Law 31/1995 establishes that: "the employer shall guarantee the health and safety of workers (...) shall carry out the prevention of occupational risks by integrating this activity into the company (...)". From this reading, it can be deduced that the obligation to implement the PRW concerns every employer. Thus, Article 29 of the Law details the obligations of the employee with regard to the PRW.  

Is there any sanction for the CP for not complying with the PRL? Yes, of three degrees:

Light: from 40 to 2,045€

Serious: from 2,046 to 40,985€  

Very serious: from 40,986 to 819,780€       

Article 40 of the Constitution also states that the employer has to 'guarantee the necessary rest, by limiting the working day,' . We remind you that OC must satisfy  "RDL 8/2019".which requires the control of the working day schedule. 

How should this control be enabled?

By means of an accessible register for inspection and which must be kept for 4 years. The sanction for not having it elaborated or correctly filled out ranges from 626 to 6,250€. .

How much does it cost to hire the PRL?

Between 200 and 300 euros/year to make it rigorous. 

Finally, we would like to point out that with the professionalism of the Collegiate Property Manager of the CP -which is obligatory to hire- and of the companies specialized in ORP as owner, you have nothing to fear,moreover, we will help you.