Occupational Risk Prevention Delegate

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Understand the basic concepts of prevention and the different working conditions, as well as to act as a Delegate in Occupational Risk Prevention in any company nationwide in accordance with current legislation (all companies, organizations and institutions with more than 50 workers are obligated to have one delegate in occupational risk prevention for every 50 workers at least).

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MODULE I: Delimitation

LEGAL BASES OF THE PREVENTION DELEGATE
International standards: the International Labor Organization
Workers' participation in safety policies: Convention 155
Management System Guidelines
The European Community and the participation of workers in Safety and Health at Work: Directive 89/391/EC
Background in Spain
Safety and Hygiene Committees at Work: Order of 1941
The Company Juries
Safety and Hygiene Committees at Work: Decree of 1971.
The Security Guard
Post-constitutional regulations: the Workers' Statute and the Organic Law of Freedom of Association
The Safety Committee in the mines and the Mining Safety Delegate
The law of prevention of occupational risks

LEGAL CONFIGURATION OF THE PREVENTION DELEGATE
The Prevention Delegate: body of participation and representation
Ownership and exercise of the participation right
Participation body
Representative body
Organic autonomy
Functional autonomy
Specialization
Concurrence with other bodies
Legal designation system
The problem of Union Delegates
Conventional designation procedures
The conventional specific organs
Scope of designation
First or second degree organ?

DELIMITATION WITH OTHER REPRESENTATION AND PARTICIPATION BODIES
Confluence of powers and functions between general and specific representation
Confluence of functions between the Prevention Delegate and the Health and Safety Committee

MODULE II: Dynamics

DESIGNATION PROCEDURE
Voters and eligible according to the size of the company or work center.
Work centers or companies with less than fifty workers
A) Up to thirty workers
B) Companies with thirty-one to forty-nine workers
Work centers or companies with more than fifty workers
Criteria for its quantitative determination
Election time
Designation criteria
Proportional criterion
Majority criterion
Specialization criterion
Special assumptions
Additional provision 4 of the Occupational Risk Prevention Law
Additional provision 10 of the Occupational Risk Prevention Law
Public administrations
A) Adaptation for the exercise of the right of participation and representation in Public Administrations
B) Adaptation of the right of participation in the General Administration of the State
C) System for designating Prevention Delegates in Public Administrations
D) Regulatory standards for the adaptations of the Occupational Risk Prevention Law to Public Administrations
a) Instruction of the Secretary of State for Public Administration
b) Royal Decree 1488/1998 and the Administration-Union Agreement to adapt the legislation on the prevention of occupational risks to the General Administration of the State
c) New features introduced by the Administration-Union Agreement of June 1, 1998
d) The Joint Health and Safety Commission
E) Adaptation of the right of participation to military establishments
F) Designation of Prevention Delegates in the National Police Corps
Registration of electoral records

DURATION OF TERM
LOSS OF THE CONDITION OF PREVENTION DELEGATE
Indirect causes derived from its status as a unitary representative
Direct causes derived from the status of Prevention Delegate
Causes attributable to the Prevention Delegate
A) Voluntary resignation from office
B) Voluntary termination of the employment contract
C) Voluntary leave
D) Voluntary transfer of work center
Causes beyond the control of the Prevention Delegate
A) Revocation of the mandate
B) Termination of the contract
C) Suspension of the contract
D) Organizational modification
E) Change of ownership of the company or work center
F) Modification of the template size

VACANCIES COVERAGE
EXERCISE OF COMPETENCES
SCOPE OF ACTION
Subjective scope
Labor relations in the strict sense
A) Common employment relationship
B) Special labor relations
a) Senior management personnel
b) Sentenced in penitentiary institutions
c) Professional athletes
d) Artists in public performances
e) Trade representatives
f) Disabled people in special employment centers
g) Port stevedores
h) Home work and teleworking
C) Labor relations at the service of Public Administrations
D) Excluded assumptions
a) Family home service
b) Exclusions due to absence from work
Non-labor personnel at the service of Public Administrations.
A) Civilian personnel with administrative or statutory relationships
B) Civilian personnel at the service of military establishments
C) Penitentiary establishments
D) National Police Corps
E) Exclusions
a) Military personnel
b) Customs receipt
c) Civil protection and forensic expertise in cases of serious risk, catastrophe and public calamity
Associated work cooperatives
Territorial scope
Workplace
Higher than work center and lower than or equal to company
Superior to company
Inter-business phenomena
A) Groups of companies
B) Temporary Employment Companies
C) Contracts and subcontractors

MODULE III: Legal Statute

COMPETENCES and POWERS
Competencies
Collaboration with the company management in improving preventive action [article 36.1.a) of the Occupational Risk Prevention Law]
Promotion and encouragement of the cooperation of workers in the execution of the regulations on the prevention of occupational risks [article 36.1.b) of the Law on the Prevention of Occupational Risks]
Monitoring and control of compliance with occupational risk prevention regulations [article 36.1.d) of the Occupational Risk Prevention Law]
Participation in prevention management
Substitution of the Health and Safety Committee
Faculties
Information powers
Passive information
a) To workers in general and to representatives
b) Information on the damage caused to the health of workers
c) Information received from those who exercise preventive functions
d) Contracts and subcontractors
e) Temporary work
B) Right to active information
a) General faculty
b) Visits to workplaces
c) Access to information on contracts and subcontractors
C) Bidirectional information collaboration
a) Technical staff
b) Labor and Social Security Inspection
c) Audits
d) Workers
e) Coordination of activities
f) Documents and reports held by the Health and Safety Committee
Consultative powers
A) Subjects of consultation
a) Organization of the productive or operating aspects of the company
b) Organization and development of protection activity
of health and risk prevention in the company……. 277
c) The designation of workers in charge of emergency measures
d) The information and documentation procedures referred to in articles 18.1 and 23.1 of the Law
e) The project and organization of training in preventive matters
f) General clause
B) Consultation procedure
C) Effects
Proposal powers
A) Proposals for action
B) Improvement proposals
C) Proposal to stop activities
Powers of action
A) Stoppage of activities: serious and imminent risk
a) Assumption of fact
b) Ownership of the right
c) Action procedure
d) Effects of the stoppage
B) Administrative and judicial actions

GUARANTEE
Guarantees linked to article 68 of the Workers' Statute
Contradictory file
Priority of permanence in the company or work center
Protection against dismissals and sanctions from the employer
Prohibition of discrimination
Right of option in unfair dismissals
Freedom of expression
Guarantees linked to article 41 of the Basic Statute of Public Employees
Guarantees regulated in the Occupational Risk Prevention Law
hourly credit
A) Configuration
B) Formal elements
Training
Provision of necessary means for the exercise of functions

DUTIES and OBLIGATIONS
Collaboration with the company
Information for workers
Stealth Duty
Scope of duty
Spatial scope
Target scope
Temporal scope
Consequences of non-compliance
The special assumption of medical results

RESPONSIBILITIES
Administrative and Social Security liability
Criminal liability
Crimes against the safety and health of workers
Crimes against the dignity and honor of people
Professional recklessness
A) Overreach in the stoppage of activities
B) Violation of the duty of professional secrecy
C) Disclosure of medical data
Civil liability derived from crime
Civil liability
Contractual liability
Extracontractual liability
Competent jurisdiction
Disciplinary responsibility
Classification of non-compliance and graduation of sanctions
Sanctioning procedure
Responsibility towards workers

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