On September 28, 2013, the Spanish Legal Bulletin (“BOE”) published Law 14/2013, which provides diverse measures to reduce the administrative burdens of employers; simplifies the legislation on the prevention of work hazards for employers with up to 25 workers; and substitutes the requirement of a physical visiting book with an electronic one made available to the Spanish Inspectorate of Labour and Social Security.
Work Hazard Prevention in Small- and Medium-sized Businesses (PYMES)
- The Law amends the Spanish Work Hazard Prevention Act to include a new provision that allows employers to assume the preventative activity when the employer has a maximum of 25 workers and have only one workplace. Previously, only employers with up 10 workers could assume the preventative activity.
- Similarly, the Law assigns to the Spanish Ministry of Employment and Social Security and to the Spanish National Institution of Safety and Hygiene in the Workplace the task of providing technical advice on health and safety in the workplace to employer companies with up to 25 workers.
Electronic Visiting Book of the Inspectorate of Labour
- The Law amends the Inspection of Labour and Social Security Act to eliminate the obligation that companies have a visiting book in each workplace available to the Spanish Inspectorate of Labour and Social Security officials. Instead, the Inspectorate of Labour will be responsible for maintaining this information in an electronic visiting book that the Central Authority of the Inspectorate of Labour and Social Security develops.
- The Central Authority of the Inspectorate of Labour and Social Security will provide companies, officially and without a request, an electronic visiting book for each of its workplaces. Acting officials shall perform this task with diligence during each visit to the workplace or during each appearance verification of the inspected public businesses.
- The Order of the Spanish Ministry of Employment and Social Security determines the facts and acts required for incorporating into the electronic visiting book as well as the obligations, the form of reference, and the systems of verifying the integrity of the electronic visiting book. Additionally, the Order establishes the exceptions to having the electronic visiting book, the substitutions to an electronic visiting book, and the transitional arrangements of applying the measure.
This article is not considered as legal advice