Health & Safety at Work
If you are starting a company in Spain with employees it is compulsory to have a Health and Safety Plan.
Employees have a right to effective protection in the terms of health and safety at work and this should be implemented by the employer. Employees' rightsto be kept informed and consulted about health and safety issues, are part of this protection.
Every company with employees is obliged to have a Heath and Safety policy which identifies risks in the workplace, to comply with the Prevention of Workplace Risks Law, as enforced by the relevant government body, the Instituto de Seguridad e Higiene en el Trabajo(INSHT).
When there are fewer than six employees, and the company is not carrying out dangerous work, the company owner can take on the role of H&S.
In companies with more than five employees (6-29), a designated H&S staff representative, chosen from existing employees, must ensure the plan is enforced. Where there are between 31 and 49 employees, a special health and safety representative, known as delegado de prevención (prevention delegate), is appointed. Larger companies will appoint and train an employee in this role. With more than 50 employees, a health and safety committee must be formed, with two delegates for 50-100 employees, and three delegates for 101-500 employees.
All company employees should be aware of the plan, and informed or trained as appropriate.
A Health and Safety Inspector must visit the premises every three months to evaluate if the policy is being carried out effectively, monitor and enforce compliance, identifying any risks which the management should rectify and any preventative action they should take.
There are fines of 6000 euros and above for non-compliance.
Be aware that the plan and associated documentation must be available for inspection at all times.A first aid kit must also be available.
Each company must also have an accident book. All accidents must be recorded and investigated.