Law 31/1995 on Occupational Risk Prevention: Everything you need to know from experience.

When we talk about Law 31/1995 of November 8 on Occupational Risk Prevention (ORP), we are dealing with a fundamental issue in the working life of any worker and employer in Spain. This law, is not just another one in the book of labor regulations, but the one that establishes the basis for protecting the safety and health of workers in their work environment. And believe me, I know this because I have had to experience it firsthand, both as a worker and from educational management.

If you have ever had to face the implementation of prevention measures at work, you know that it is not a simple "paperwork". There are lives at stake here, and the law has a crucial role in making sure that all risks are controlled or, at least, minimized. But let me tell you exactly what Law 31/1995 is, how it is applied and why it is so vital.

What is Law 31/1995?

The Law on Occupational Risk Prevention was passed in 1995 and since then has evolved to adapt to new times and labor realities. Its main objective is to regulate health and safety at work, obliging companies to take preventive measures to protect their employees. It is not just a matter of complying with the law to avoid sanctions, but to avoid occupational accidents, occupational diseases and, in extreme cases, deaths that could have been avoided.

From day one in a company, the law states that employees must be informed of the risks associated with their job and be trained on how to minimize them. In addition, the law also obliges the company to provide appropriate protective equipment so that workers are not exposed to unnecessary hazards.

At this point, if you are asking yourself, "What risks?". Welcome to the reality of work. Physical, chemical, biological risks... the list is extensive and varies from job to job.

How does it affect companies?

Now, if you have a company, you have to dance with the ugliest. Law 31/1995 obliges you to make an exhaustive assessment of the risks of each position and to prepare a prevention plan. And no, you cannot do this plan lightly. It must be well-founded and you must make sure that it is complied with, because otherwise, the fines can be very, very heavy.

Also, forget about delegating all the responsibility to a technician and not worrying about it. The company is still responsible for ensuring safety at work, so you'd better pay attention to every detail.

For example, in a chemical factory, exposure to toxic substances can have serious consequences for employees. If the employer does not take action, he is gambling with the health of his team and with his pocket, since the penalties can be multimillion.

Workers' rights and obligations

As a worker, the law gives you very important rights. You have the right to receive detailed information about the risks of your job and the preventive measures you must take. In addition, you have the right to receive theoretical and practical training to enable you to perform your job safely.

But beware, you also have obligations. You must use protective equipment correctly and comply with established safety measures. If you notice something that is not right, you have an obligation to inform your superior so that the problem can be corrected before someone gets hurt.

And if you don't, you are not only endangering your life, but also that of your co-workers. Common sense should be enough, but, unfortunately, it is not always the case. That is why the law clearly establishes the responsibilities of all those involved.

Special cases

As we well know, not all jobs are the same. That is why Law 31/1995 excludes certain sectors, such as the Armed Forces, the Police, Civil Protection and domestic service. Each of these sectors has its own regulations adapted to its particularities.

For example, in the case of the Armed Forces, the nature of their work involves situations of extreme risk that cannot be managed in the same way as in an office or a factory.

Penalties and liabilities

Throughout my career, I have seen companies face serious penalties for not complying with the law. And believe me, it's not something you want to experience. The fines for serious violations can get so high that, in some cases, they could mean the closing of the company. And, of course, the penalties are not only economic. If it is proven that non-compliance with the regulations caused a serious workplace accident or death, the liabilities may be criminal.

Don't forget that Law 31/1995 also establishes that, if a worker considers that he is in imminent danger, he has the right to interrupt his activity and leave the workplace without this generating reprisals. So, employers, take note.

My personal experience

Over the years, I have come to realize that, when things are done right, everyone wins. I remember once in the education department, where I worked, we implemented an excellent risk prevention system in one of the educational centers. There was resistance at first because, of course, nobody likes to change their routine. But before long, the employees themselves recognized that the measures made them feel safer and the work environment improved markedly.

Don't be fooled, workplace risk prevention is not a burden. It is an investment in the health and well-being of everyone, which in the long term translates into greater productivity and a positive work climate.

Conclusion

The Law 31/1995 of November 8 is not a simple set of bureaucratic rules. It is an essential pillar to ensure the safety and health of everyone in the work environment. If you are an employer, complying with it is not only a legal obligation, but a moral obligation. And if you are a worker, demand compliance. Because at the end of the day, the most valuable thing at work is the health and life of those who perform it.