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Health, Safety and Environment in Spain

In 2006, Spain is responsible for 20% of all workplace accidents in the EU. A year
before that, an average of five people per day died as the result of a workplace accident. Even
though Spain has had health and safety legislation in place for more than 10 years, the number
of deaths has increased ever since 2006. The highest percentage of accident was recorded is in
the construction sector, followed by services and industry. The large number of temporary
workers on Spanish payrolls is also thought to have contributed to the problem, the short
duration of many contracts means employers are much less likely to have the necessary
safeguards. The Spanish Government has responded to these concerns by introducing further
measures aimed at preventing workplace accidents and reinforcing the need for employers to
take preventive measures.
Royal Decree 604/06 came into force on 29 June 2006 and the new preventative
measures came into force on 29 August. They require companies to have a prevention plan and
make it clear that risk evaluation and preventative planning are key management tools which
should be integrated into the management structure of companies.
The Spanish Social Security Act defines a ‘work accident’ as: a sudden occurrence,
causing any kind bodily injury to a worker and during and as a result of the performance of the
employment contract. If an accident is considered a work accident, the victim or his or her
relatives will receive workers’ compensation from the employer’s insurance. If the employer
did not cover the illnesses that have arisen, the business itself will be required to pay the
compensation. However, there is no definition of a serious or very serious accident in Spanish
Law. The Royal Decree of 27 March 1998 classifies the accident into several categories.
In the same Royal Decree, it is stated the legal requirements on the employer following
a workplace accident, those are;
1. employers have a legal obligation to put in place insurance cover, covering the risk
of workplace accidents.
2. Workplace accidents must be reported to the insurer using a special declaration
form that can be downloaded from the internet.
3. Employers are required to submit notifications to the insurer within five days or 24
hours in the case of a serious accident.
4. A workplace accident must be thoroughly investigated by the employer.
When workplace accident happens, there are several other parties being involved in the
reporting and investigation process, they are;
- Internal or External Health and Safety Service
- The joint Health and Safety Committee
- Supervisors, line managers and/or directors.