The delegates for occupational risks prevention

WHO ARE THEY?

The role of the Prevention Delegateswas established in the art.35 of Law 31/1995, on November 8th for the Prevention of Occupational Risks.

He/she is the representative of the workers with specific functions in matters of risk prevention in the work place such as:
• Collaborate with the company management with the improvement of preventive actions.
• Promote and encourage cooperation among workers in the implementation of the legislation related to the prevention of occupational risks
• Be consulted by the employer prior to its execution, regarding the decisions referred to in Article 33 of the Law of Prevention of Occupational Risks (LPRL).
• Carry out monitoring and control work in compliance with the Occupational Risk Prevention regulations.

HOW MANY DELEGATES OF PREVENTION MIGHT MY ORGANIZATION HAVE?

The number is determined by a proportionality criterion based on the number of workers in the company. This is a system similar tothe one established in the Workers’ Statute for the appointment of staff delegates to the Works Councils (Article 35 of the LPRL).

Delegate.
To determine the number of prevention delegates, the following criteria will be considered:
• Workers bound by fixed-term contracts of more than one year shall be counted as permanent staff.
• Those hired for a term of up to one year will be counted according to the number of days worked in the period of one year prior to the designation. Every two hundred days worked or a fraction of them will be counted as one more worker.

The collective agreements may establish other systems for the designation of the Delegates of prevention, provided that it is guaranteed that the faculty of designation corresponds to the staff representatives or by the workers themselves.

WHAT COMPETENCES AND POWERS DOES A DELEGATE OF PREVENTION HAVE?

WHAT GUARANTEES DOES A PREVENTION DELEGATE HAVE?

Article 37 of Law 31/1995 of PRL establishes the legal guarantees of the Delegates of Prevention:

• Opening of a contradictory proceeding in the event of sanctions for serious or very serious offences.
• Priority of permanence in the company or workplace of the other workers, in case of suspension or expulsion due to technological or economic reasons.
• Not to be dismissed or punished during the exercise of his/her duties nor within the year following the expiration of his/her mandate (as a rule 4 years)
• Not to be discriminated against in his/her economic or professional promotion because of the performance of his/her representation functions.
• Ability to express freely within the company, being able to publish and distribute, the publications of interest, with the only requirement of communicating it to the company.
Have a monthly-remunerated time credit for the exercise of his/her duties.

PROFESSIONAL SECRECY

The Delegates of Prevention will be subject to the provisions of section 2 of article 65 of the Workers’ Statute regarding professional secrecy due to the information to which they had access to because of their actions in the company.

¡¡ It is important not to confuse the role of the designated worker with that of the Delegate of Prevention. The Delegates of prevention are elected by and among the representatives of the workers while the designated worker is chosen by the company to take care of the preventive activitiesthemselves.

• Law 31/1995, November 8th, on Prevention of Occupational Hazards.http://www.boe.es/buscar/pdf/1995/BOE-A-1995-24292-consolidado.pdf