How to avoid sanctions regarding the prevention of occupational risks
Sanctions for occupational risk prevention can have important civil and even criminal consequences. If you are an entrepreneur or self-employed, you are interested in knowing these tips to avoid them.
Tips to avoid sanctions in occupational risk prevention
To avoid sanctions for the prevention of occupational risks, a line of action must be followed.
Here we indicate which are the most important that, of course, will help you not have problems.
In addition, in this case we point out that these policies can never be diverted, because they are consubstantial to the existence of the business.
Take a look:
1. Sanctions for the prevention of occupational risks: know the legislation well
The first thing you have to do is know the occupational risk legislation well.
And how do you get that?
Consulting the Occupational Risk Prevention Law that indicates the general guidelines to follow, also in psychosocial risks.
Not only that, but also the obligations that your company has to implement a plan, which are also more demanding in companies of more than 50 workers.
Remember that ignorance of the law does not exempt you from its fulfilment.
2. Update Occupational Risk Prevention Plans
Updates to the Occupational Risk Prevention Plan can be given for two reasons.
The first, for regulatory changes that require adaptation or include new elements; hence the previous point is so important.
Another element, not less, is that of changes in the company, for growth reasons, that require the introduction of new technologies, but that also involve new risks; this happens in industrial companies or in those agricultural ones that have made vertical integration processes.
The logical thing is that a specialised technician is in charge of warning about these circumstances when appropriate.
This will make it much easier to know what to do and how with the available resources.
3. Supervise compliance with the Occupational Risk Prevention Plan
Monitoring compliance with the Occupational Risk Prevention Plan is another way to anticipate sanctions.
For this, it is convenient that in companies of a certain size there are these 3 elements that act simultaneously:
Employers:
Employers have to verify that occupational risk prevention measures are being complied with.
This can be done through random reviews and inspections, but also by receiving reports from the specialised technician.
Negligence as we have pointed out, can have criminal responsibilities.
Workers:
the awareness of workers is a fundamental point, both through courses or talks and on a daily basis. Workers, if they have the necessary means, are also responsible for ensucing that prevention plans are complied with.
Not in vain, if a worker of a construction site has the harness so as not to fall and does not put it on, there is negligence on his part.
Technicians:
occupational risk technicians are in charge of indicating how to implement safety measures.
And, obviously, they have a central role in the tasks of prior evaluation, planning and subsequent supervision.
This is especially important in companies of a certain size.
As you can see, to ensure that the main premises are met, continuous and consensual work is required between the parties involved. It is worth taking into account to avoid sanctions for the prevention of occupational risks.
4. Keep the documentation up to date
The documentation required to keep the plan up to date is equally important.
Not only the prevention plan, but also the evaluations and supporting documents that prove compliance.
You must also have all the information on work registrations and cancellations, as well as the work accidents that have occurred.
There it is essential that the Human Resources managers work together with the person in charge of Occupational Risks.
A random labour inspection may require all this documentation.
And the company has the obligation to present it in a timely manner.
Therefore, and to avoid sanctions, you have to check that you are not missing any element.
5. Act according to the protocol in case of work accident
Finally, it is necessary to put into practice an established protocol in case of a work accident.
The goal, in these cases, is to reduce the chances of human harm.
Every worker has to know what to do if a colleague has this problem and who to contact.
Let’s keep in mind, on the other hand, that in case of negligence there are subsidiary civil responsibilities of the companies.
In conclusion...
Sanctions in occupational risk prevention can be very large and to avoid them you have to act methodically, complying with all legal requirements.
Are you self-employed and have doubts about the legislation and the necessary documentation?
At Asesoría Orihuela Costa we have all the necessary information to clarify your doubts.
Call us without obligation to learn about our services!
