Prevention delegates

In accordance with Law 31/1995 on the prevention of occupational risks, the prevention delegates have the following competences and powers:

• Collaborate with USC management in the improvement of preventive action.
• Promote and encourage the cooperation of staff in the implementation of regulations on the prevention of occupational risks.
• Be consulted, prior to its implementation, on any decision that may have a substantial effect on the health and safety of staff.
• Monitor and control compliance with occupational risk prevention regulations.
• Accompany technicians in preventive assessments.
• Accompany labour and social security inspectors on the visits and checks they carry out in workplaces to check compliance with the regulations on the prevention of occupational risks, being able to make any observations they deem appropriate in front of them.
• Have access to the information and documentation relating to working conditions that is necessary for the exercise of their duties. In particular, the prevention delegates shall have access to information and documentation relating to:
  • Risks to the health and safety of personnel and their assessment.
  • The protection and prevention measures and activities applicable to these risks.
  • Results of regular checks on the working conditions and the activity of the personnel.
  • Undertaking checks on the state of health of personnel and conclusions drawn therefrom.
  • List of accidents at work and occupational diseases resulting in incapacity to work for more than one working day.
  • Emergency situations and first aid, fire-fighting and evacuation measures.
  • Be informed of the damage caused to the health of the staff, once the USC has become aware of it. Prevention delegates can go to the place of the accident, even if it had been during their working day, to find out the circumstances in which it occurred.
  • Receive from the USC the information obtained from the people or bodies in charge of protection and prevention activities in the company, as well as from the competent bodies for the health and safety of personnel.
  • Visit workplaces in order to monitor and control the state of working conditions. For this, they may access any area of the workplace and communicate with the personnel in charge of the positions without disrupting the normal functioning of the production process.
  • Request the USC to adopt preventive measures and measures to improve the levels of health and safety protection for staff, with the possibility of making proposals to USC management or the HSC.
  • Propose the stoppage of activities in the event of a situation of serious and imminent risk.

Access to information and documentation shall expressly exclude data relating to the state of health of staff. Prevention delegates must observe professional secrecy with regard to the information to which they have access as a result of their work in the company. At the same time, the system of guarantees of the aforementioned law and its implementing regulations shall apply to the data protected under the Data Protection Law.