Prevention delegates of the Safety and Health Committee
- The delegates of prevention are the representatives of employees with specific tasks on risks prevention in the workplace.
- The prevention delegates will be designated by the representatives of staff among them, within the field of the representative bodies regarded in the regulations mentioned above, de acuerdo con according to the following scale:
| Employees | Prevention Delegates |
|---|---|
| From 50 to 100 employees | 2 |
| From 101 to 500 employees | 3 |
| From 501 to 1000 employees | 4 |
| From 1001 to 2000 employees | 5 |
| From 2001 to 3000 employees | 6 |
| From 3001 to 4000 employees | 7 |
| From 4001 onwards | 8 |
- In companies with up to thirty employees the delegate for prevention will be the staff’s delegate. In companies with thirty-one to forty-nine employees there will be a delegate for prevention that will be chosen by the staff’s delegate among themselves.
- For determining the number of prevention delegates, the following criteria will be taken into account:
a) Employees bound by over-one-year fixed-term contracts will be counted as staff’s permanent employees.
b) The people contracted for one year will be counted depending on the days worked during a year before the appointment. Every two hundred days worked or fraction will be counted as one more employee.
- In spite of what is stated in this article, other systems for the prevention delegates appointment can be established in the collective agreements, as far as it is ensured that the power of appointment belongs to the staff’s representatives or to the employees themselves.
Likewise, in the collective negotiations or through the accords referred to in the Article 83, paragraph 3, of the Statute of Workers’ Rights, it can be agreed that the competences of the prevention delegates vested in this law can be performed by specific bodies created in the agreement or the accords aforementioned. The bodies could assume, according to the terms and the modalities agreed on, general competences on the group of working places included in the application field of the agreement or the accord, in order to promote the better compliance of the regulation on occupational risks prevention.
Equally, in the field of public administrations the can establish, within what is established in the Law 7 /1990, 19 July, about collective negotiations and participation in the determination of working conditions for public employees, other systems for the appointment of prevention delegates and agree that the competences mentioned in this law could be performed by specific bodies.
