In Spain, a work inspector can visit both companies and autonomous workers without notice and cannot have their entry denied, except if the workplace is a home address.
Upon arrival, an inspector must identify him- or herself and should report his or her presence to the director of human resources or the person responsible of the workplace. The director or person responsible should provide the inspector with the business’s guestbook, where the inspector will record the inspections made.
What to do before a work inspection
- Ask for identification, the inspector must always prove his position
- Permit the inspector’s entrance and facilitate the physical examination of the workspace.
- Have the guestbook available for the inspector to record the inspections carried out. The penalties for failure to have a guestbook range between 60 and 625 Euros.
- The inspector may examine, request identification of personnel, take measurements in the company, and request certain documentation, receipts, licenses or contracts.
- The inspector may also:
- Request the passwords of the computers
- Take photographs, samples, videos or any other record
- Ask for identification of personnel
- Take statements from workers and the employer
- If appropriate, establish precautionary measures
What is considered obstruction to the work inspection?
Actions that disrupt, delay or prevent an inspector from carrying out his or her activities are considered obstruction of the work inspection:
- Minor offences include:
- The delay in reporting, communication or appearance requirements
- The lack of a guestbook in the workplace
- Serious offences include:
- The acts and omissions of the employer, representatives or persons at the organizational level aimed at preventing an inspector’s or sub-inspector’s entry or stay in the workplace
- Refusal to identify or give reasons for the presence of people who are at the workplace performing any activity
- The coercion, threat or violence towards inspectors or sub-inspectors
There is a period of nine months from an inspector’s visit to the issuance of an infringement citation. In the case of drafted citation, notification will be sent by registered mail within 10 days from the date stated in the citation. Upon receipt of the notification, there is a period of 15 working days to appeal. It is important to review the notice because, if it contains errors, it could be considered defective and lead to cancellation of the procedure.
This article is not considered as legal advice