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2024-08-30

HEALTH

Occupational Risk Prevention Law: A Guide from Experience

Occupational Risk Prevention Law: A Guide from Experience

Hello, I'm Rubén Águila, and today I'm here to talk to you about a subject that touches me closely: the Occupational Risk Prevention Law. Throughout my professional life, I have come face to face with it on more than one occasion, and I can assure you that knowing it in depth is not only important, it is essential. Because here we are not talking about simple bureaucratic procedures, but about protecting our lives and those around us at work.

What is the Law on Occupational Risk Prevention?

To begin with, let's talk about the basics. The Law for the Prevention of Occupational Risks (LPRL) is a regulation whose main objective is to guarantee the safety and health of workers in their workplaces. This law was enacted in Spain in 1995, and although it has undergone updates, its essence remains the same: prevent, rather than regret.

This law not only obliges employers to comply with certain regulations, but also requires them to provide a safe and healthy working environment. To do so, they must identify, evaluate and minimize the risks to which their workers are exposed.

My Experience with the LPRL: Lessons from the Battlefield

I'm not going to lie to you, when I first heard about the Law on Occupational Risk Prevention, I thought it was one of those topics that are handled from an office, far from the day-to-day reality in a workshop, a factory or a construction site. How wrong I was!

I clearly remember the first serious incident in which I was involved. I was working on a construction site, and a colleague suffered a serious fall. That day I realized how vital it is to follow prevention regulations. If we had been more rigorous with safety measures, that accident would have been avoided. Since then, I have not stopped studying, applying and preaching about occupational risk prevention.

Employer Obligations: Beyond Legality

One of the key points of the LPRL is that the employer has the responsibility to ensure the safety of its workers. This is neither optional nor negotiable. Companies are required to conduct a risk assessment, which consists of identifying the hazards present in the workplace and determining the preventive measures necessary to eliminate or reduce those risks.

But it doesn't all end with the assessment. The law also requires employers to inform their workers about the specific risks of their jobs, provide adequate training and ensure compliance with preventive measures at all times. In addition, they must carry out periodic reviews of risk assessments, especially if there are changes in working conditions.

Worker Rights: Information, Training and Protection

Now, let's talk about you, the worker. Because this law not only imposes obligations on employers, it also recognizes your rights. And believe me, knowing them is the first step to assert them.

1. Right to Information:

You have the right to be informed about the risks to which you are exposed in your workplace. This includes not only physical risks, such as exposure to dangerous machinery, but also psychosocial risks, such as stress or excessive pressure from the company.

2. Right to Training:

It is not enough to know that there are risks, you must also know how to deal with them. For this reason, the LPRL establishes that you must receive theoretical and practical training on occupational risk prevention. This training must be continuous and adapted to the changing circumstances of the job.

3. Right to Health Surveillance:

Your health must be monitored periodically to detect any damage that may arise from your work activity. This is done through medical examinations, which are confidential and voluntary, but are crucial to prevent occupational diseases.

Special Cases: Protection Tailored to Vulnerability

Not all workers are equal in the face of occupational hazards. The LPRL recognizes that there are groups that require special protection. For example, pregnant or breastfeeding workers are entitled to a change of position if their current one poses a risk to their health or that of the fetus.

In addition, attention must be paid to workers who, because of their youth, inexperience or temporary nature, are more vulnerable to occupational hazards. The law obliges companies to adapt protection measures to the needs of these groups to avoid any type of harm.

Risk Assessment: A Living Process

One of the things I have learned over time is that risk assessment is not something you do once and forget. It is a living process that must be constantly updated. Every time a new process, equipment or product is introduced, a new risk assessment must be performed.

What's more, workers must be actively involved in this process. Because no one better than those who do the work day to day to identify risks that might not be so obvious from a

production line, or a piece of machinery that could more easily fail in daily practice. This is where theory and practice meet. For while manuals and regulations are essential, the experience of the worker on the job is irreplaceable.

Penalties: The Dark Side of Ignoring the LPRL

When things are not done right, there are consequences, and not only for workers. Companies that do not comply with the Occupational Risk Prevention Law expose themselves to administrative sanctions that can be really severe, including million-dollar fines and, in extreme cases, even the temporary or definitive closure of the activity. These sanctions are not a whim, but a way to ensure that preventive obligations are taken seriously.

And these are not only economic sanctions. In the event of a serious or fatal workplace accident, responsibilities can escalate to the criminal level, implicating managers and those responsible for prevention. This type of situation is something that no one wants to face, but it is the direct result of poor preventive management.

Occupational Risk Prevention in the 21st Century: New Challenges

We live in a rapidly changing world, and occupational risk prevention is no stranger to these changes. Today, new challenges are faced such as psychosocial risks, which include work-related stress, harassment, and lack of digital disconnection. The LPRL has had to adapt to these modern times, integrating new regulations and recommendations to address these emerging risks.

In addition, the digital transformation and remote work present new challenges in terms of occupational health and safety. Companies must adapt their preventive measures to include telework, ensuring that workers operating from home have a safe and healthy environment.

Conclusion: Prevention as Part of the Corporate Culture

In closing, I want to emphasize something I consider vital: workplace risk prevention is not an isolated task or something that can be completely delegated to a safety department. It is a shared responsibility that must be part of the business culture.

Every member of the company, from the CEO down to the last employee, has a role to play in prevention. This means being aware of the risks, complying with the rules, and above all, looking out for your own safety and that of your colleagues.

If my experience has taught me anything, it is that prevention is not just about complying with the law. It is something that can save lives, prevent suffering and maintain productivity in a safe and healthy work environment.

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