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Guarantee and professional confidentiality of the Prevention Delegates

  •  The provisions in the article 68 of the Statute of Workers’ Rights on guarantees will be applied to the prevention delegates as the employee’s representatives.

The time invested by the prevention delegates on performing the functions  contemplated in this law will be considered as time of performance of representation functions at the effects of using the number of paid monthly hours specified in the section e) of the article 68 of the Statute of Workers’ Rights.

Nevertheless, in any case the time corresponding to meetings of the Safety and Health Committee and to any other called by the businessperson about risks prevention, and the time invested in previous hearings in sections a) and c) of the previous article 2 will be considered as effective working time, without any charge to the number of hours aforementioned.

  • The businessperson must provide the prevention delegates the necessary means and training on prevention for the performance of their functions.

The businessperson must provide the training by their own means o through the agreement with bodies or entities specialised in the field and must adapt to the development of risks and the arising of new ones, and will repeat it if necessary.

The time invested in training will be considered as general time worked, and its cost will never fall on the prevention delegates.

What is provided in the article 65, paragraph 2, of the Statute of Workers’ Rights in terms of professional confidentiality  will be applied to the prevention delegates in relation to the information they have access to because of their position.

The provisions of this article in terms of guarantees and professional confidentiality of the prevention delegates will be understood as related, in the case of administrative or statutory relationships of the public service staff, to the regulations reflected in the articles 10, paragraph 2, and 11 of the Law 9/1987, 12 June, of representation bodies, determination of working conditions and participation of public administration service staff.