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Competences and powers of the Prevention delegates

1. The prevention delegates competences are:

  • Collaborate with company’s direction board for improving preventive performance.
  • Promote the cooperation of employees in the implementation of the regulation on occupational risks prevention.
  • Receive enquiries from the employer about the decisions stated in the article 33 of the present law, before implementing them.
  • Perform a control and monitoring task about the compliance of the occupational risks prevention regulation.

In companies where, according to the provisions of the paragraph 2 in the article 38 of this law, there is no Safety and Health Committee for not reaching the established minimum number of employees, the competences assigned to the Committee by the present law will be performed by the prevention delegates.

2. In the exercise of the competences assigned to the prevention delegates, they will be authorised to:

  • Assist the technicians in the assessments on prevention at the workplace, and also, in the terms stated in the article 40 of this law, to the Labour and Social Security inspectors in the visits and verifications made in the working places to verify the compliance of the regulation on occupational risks prevention, so they can formulate before them the comments that are necessary.
  • Have access, with the limitations provided in the paragraph 4 of the article 22 of this law, to the necessary information and documentation related to working conditions for the performance of their functions and, specifically, to that reflected in the articles 18 and 23 of this law. If the information was subject to the limitations described, it could only be provided so the respect to confidentiality is guaranteed.
  • Receive information from the employer about the damage to the employee’s health when he has been informed, with the opportunity of going, even outside working hours, to the scene to know the circumstances.
  • Receive form the employer the information obtained from people or bodies in charge of the protection and prevention activities in the company, as well as institutions responsible for the safety and health of employees, without prejudice to the provisions in article 40 of this law in terms of collaboration with the Labour and Social Security inspection.
  • Visit workplaces to perform a monitoring and control task of the working conditions, with the possibility for this purpose of having access to any area at the workplace and communicate during the day with the employees, so the regular development of the production process.
  • Request the businessperson to adopt preventive measures and for the improvement of the employee’s health and safety protection levels, for which proposals can be made to the employer, as well as to the Safety and Health Committee to be discussed.
  • Suggest to the workers’ representation body to adopt the agreement for activities suspension reflected in the paragraph 3 of the article 21

3. The reports to be issued by the prevention delegates as provided in the section c) of the paragraph 1 of this article, must be made within fifteen days or no longer than the time absolutely necessary when it comes to adopt measures aimed at preventing imminent risks. Having expired the given period without having made the report, the employer can implement his decision.

4. The negative decision of the employer to adopt the measures proposed by the prevention delegate as provided in the section f of the paragraph 2 of this article must be justified.