Occupational Risk Prevention (ORP) Spain

MediTerra offers occupational risk prevention (ORP) consulting services, primarily for foreign clients operating in Spain, ranging from technology clients (LinkedIn, Apple, Amazon, Hootsuite, Netflix, etc.) to clients in various industrial sectors (logistics, metallurgy, pharmaceuticals, chemicals, automotive, etc.).

Occupational risk prevention (ORP) is an area that every company must take into account from the moment it hires its first employee. Regardless of the sector or size of the company, Spanish law requires any company with at least one employee to implement occupational health and safety measures. This obligation stems from Law 31/1995 on Occupational Risk Prevention (LPRL). In this article, we will explain, in an informative way for potential international clients, how ORP is organised in Spain, what types of preventive organisations exist, and who is responsible for the main activities (risk assessments, health surveillance, hygiene studies, etc.) in each case.

Companies must integrate risk prevention into all their activities and organisational levels, drawing up a Prevention Plan that includes:

●      Risk assessment,

●      Planning of preventive measures,

●      Training of workers,

●     Health surveillance, and

●      Emergency preparedness.

Below, we present the organisational alternatives included in Spanish regulations

Organisational models for prevention in the workplace

Spanish legislation offers several organisational models for preventive activities so that companies can comply with their legal obligations depending on their size, nature and resources. These models range from the employer taking on the responsibility for prevention themselves to hiring specialised external services. Each of these is described below: 

●        Personal undertaking by the employer: In micro-SMEs, the owner can take on occupational risk prevention if there are fewer than 10 employees (or fewer than 25 if it is a single workplace), if there are no hazardous activities and if they have the required preventive training. They cannot take on health surveillance (medical examinations of workers) and the company's PRL system must undergo external audits.

●        Appointment of workers responsible for prevention: Appoint employee(s) from the workforce to take care of preventive activities. They must have the appropriate training (PRL training) and the time and resources necessary to perform their work correctly without prejudice for performing these functions. They cannot assume health surveillance, which must be carried out by a prevention service (internal or external) with competent technical or medical personnel.

●        In-house Prevention Service (SPP): This consists of creating an internal prevention unit within the company, with staff dedicated exclusively to occupational health and safety. It is mandatory for companies with >500 employees, or >250 employees if they operate in particularly hazardous sectors included in Annex I of RD 39/1997. An IPS must have adequate human and material resources and technicians with a master's degree in OHS in at least two of the four key prevention areas: Occupational Safety, Industrial Hygiene, Ergonomics/Psychosociology and Occupational Medicine. The entire internal prevention team works in a coordinated manner to assess risks, propose measures, train employees, investigate accidents, etc. If any part of the prevention activity cannot be covered internally, the company must contract it externally.

●     Joint Prevention Service: This is a variant of the in-house service in which several companies join together to share the same prevention service. This formula is usually adopted when the companies belong to the same business group, productive sector or geographical location (e.g. the same workplace or industrial estate). Legally, a Joint Prevention Service is considered to be the own service of each participating company.

 ●           External Prevention Service (SPA): This is the most commonly used option by most companies, especially small and medium-sized ones. It consists of contracting an external entity that is specialised and officially accredited in occupational risk prevention. An SPA is an occupational risk prevention company that provides technical and health experts to advise and support other organisations in complying with all their legal health and safety obligations. The law stipulates that an external service must be used in several circumstances: for example, when a company opts for an SPP but its internal resources are insufficient to adequately cover different modalities, in particular health surveillance. SPAs are responsible for all preventive disciplines: risk assessment, planning of preventive measures, training and information for workers, management of emergency plans and first aid, and they carry out periodic health examinations (health surveillance).

In summary, if the company does not have sufficient internal staff or prefers to focus on its core business, it should delegate prevention to an SPA.

How can MediTerra help you organise occupational risk prevention?

●      Initial compliance analysis (‘Gap Analysis’)
This consists of assessing the company's needs and advising on the most appropriate option. It usually includes an initial audit if the activity is already in place and an Action Plan to ensure legal compliance with PRL regulations.

●       Advice on contracting an External Prevention Service (SPA)
MediTerra advises on contracting an SPA based on the location and type of company, requesting quotes on behalf of the client and accompanying them throughout the process until the contract is signed.
MediTerra can act as a point of contact between the client and the SPA (especially for international companies without a complete organisational structure in Spain) and review the documentation prepared by the SPA, for example, mandatory training, health surveillance, and prevention measures according to the identified risks.

●       Legal compliance monitoring
For any of the modalities, MediTerra offers to carry out internal legal compliance audits to verify the status of compliance and propose corrective measures.
In this regard, MediTerra prepares and maintains up-to-date legal records tailored to the client's needs.

MediTerra advises international companies operating in Spain that do not have their own human resources structure specialising in occupational risk prevention (ORP). We help them understand and apply the alternatives established by Spanish legislation to organise prevention in the company, whether they have a single employee or larger teams.

Our team accompanies the company throughout the process of implementing the OHS system in Spain, as well as in the development of the necessary preventive activities. In addition, we coordinate local actions with the company's international organisation to ensure consistent and aligned management at a global level.

MediTerra also comprehensively manages the hiring and coordination of the External Prevention Service (SPA), preventing the company from having to devote specific internal resources to this function and ensuring full compliance with Spanish PRL regulations.

Our international clients are usually technology companies or companies with mainly office-based activities, with a low level of risk and without a fully developed prevention structure in Spain.