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Educa UNIVERSITY|HEALTH
Hello! I'm Carlos Hidalgo, and today I want to talk to you about something that for many is just another formality, but that for me, with my experience, has proven to be vital: Law 31/1995 of November 8 on Occupational Risk Prevention.
What is this law? Basically, it is the fundamental rule that establishes the rights and duties of both employers and workers in terms of occupational risk prevention in Spain. But what is behind all this? Is it just paper and bureaucracy? Not at all. Throughout my professional career, I have come across more than one situation that has put this law to the test and I have seen how it can make the difference between a safe working day and a life-changing workplace accident.
Before we get into the subject, let's get a few things clear. Law 31/1995 establishes the general framework of obligations and rights related to occupational health and safety, applicable to all sectors of activity. This includes from the small neighborhood mechanic shop to the large technological multinational.
What is its objective? Very simple: to ensure that all workers have the right to a safe and healthy working environment, and that employers assume their responsibility in the management of the risks that may appear in the day-to-day work activity.
The law is based on several key principles that are worth knowing:
Prevention planning: It is not enough to act when something has already happened; prevention starts from the very design of each workplace. This implies assessing all possible risks and constantly updating these assessments.
Participation of all actors: The law establishes that both workers and employers must collaborate in risk prevention. This translates into regular consultations, constant training and a continuous flow of information. I have seen more than one boss ignore this, and believe me, it always ends badly.
Control and surveillance: It is not enough to design a good prevention plan; it must be constantly controlled and evaluated to ensure its effectiveness. Regular and confidential monitoring of workers' health is also an important pillar.
Preventive culture: Beyond specific obligations and rights, the law seeks to foster a genuine culture of prevention, involving all levels of society. This is perhaps the most ambitious and necessary point. Creating awareness is not easy, but it is fundamental to avoid serious accidents.
Now, let's talk about how all this translates to real life. Imagine: you own a small business, and suddenly one of your employees has an accident. Are you covered? Are you complying with all the regulations?
Compliance with Law 31/1995 implies that you have implemented an occupational risk prevention plan that includes risk identification, risk assessment, and the corresponding preventive measures. But, not only that. It also implies that your employees are trained in safety issues and know how to act in case of emergency.
In addition, if your company shares space with others, you must coordinate to manage shared risks. This coordination of business activities is one of the most important and often forgotten points of the law.
According to Law 31/1995, workers have the right to be informed of the risks in their workplace and to participate in all matters affecting their safety and health. In addition, they have the right to interrupt their activity and leave the workplace in the event of a serious and imminent risk to their health.
On the other hand, employers must take all necessary measures to ensure the safety and health of workers, including the appointment of personnel in charge of prevention or the contracting of an external service if necessary. In addition, they must provide adequate training, personal protective equipment (PPE) and ensure the consultation and participation of workers.
Here comes the critical point. If you skip Law 31/1995, you risk economic sanctions that can be very high. The law establishes different types of infractions: minor, serious and very serious, and the fines can range from a few thousand euros to figures that can sink a company. Moreover, in extreme cases, it can lead to the stoppage of the activity or even the closure of the workplace.
And, beware, this is not just a matter for the employer. Workers also have their obligations: they must correctly use protective means and equipment, comply with safety instructions and immediately report any situation that may pose a risk.
In my professional career, I have experienced everything: from employers who believed that "this does not go with me" to those who saw in the Law an opportunity to improve their company and the well-being of their team.
I remember a particular case in a company where I worked where non-compliance with this regulation almost caused a serious accident. It was the quick intervention of a well-trained colleague, who knew exactly what to do thanks to the continuous and mandatory training that the company had implemented, that averted a disaster. A single mistake, a single omission in the protocol, and everything could have been different.
Moraleja: Never underestimate the importance of Law 31/1995. It is not just a piece of paper or a bureaucratic formality; it is a vital tool that protects lives and guarantees the long-term viability of a company.
In short, Law 31/1995 on Occupational Risk Prevention is much more than a legal regulation. It is a responsibility, a culture and a guarantee that each of us can go to work with the confidence that our safety is a priority.
If you are an employer, do not take it lightly. If you are a worker, know your rights and fulfill your duties. Because in this, we're all in the same boat. And believe me, nothing is more important than getting home safe and sound at the end of the day.
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