Administrative, civil and criminal liability in occupational risk prevention

Failure to comply with occupational risk prevention regulations can have administrative, civil, criminal, and social security consequences. Each area has different requirements and must be analyzed according to the facts, obligations, and involvement of each party.

In short

Responsibilities in occupational risk prevention are not equivalent, nor are they automatically triggered by any accident. In Spain, it is necessary to distinguish between sanctions, compensation for damages, offenses, and surcharges on benefits, as well as their compatibility rules.

Content
  1. A breach and several possible consequences
  2. Administrative responsibility
  3. Civil reparation of damages
  4. Criminal liability and creation of danger
  5. Surcharge on Social Security benefits
  6. Compatibility and limitations between procedures
  7. Practical example
  8. Prevention and useful documentation
  9. Related concepts
  10. On the blog
  11. References

AZ Dictionary →

A breach and several possible consequences

Article 42 of the Occupational Risk Prevention Law establishes administrative liability and, where applicable, criminal and civil liability for damages. The existence of different avenues does not mean that all of them are always appropriate. Each requires verification of its prerequisites and adherence to the established procedure, safeguards, and competent authority.

A workplace accident alone does not warrant a conviction, and the absence of an accident does not constitute proof of compliance. Some infractions and crimes are related to the creation of a hazard. Therefore, the analysis must begin with the actual conditions, the applicable obligation, and the relevant conduct, without substituting the investigation with conclusions based solely on the outcome.

Administrative responsibility

Legislation on occupational health and safety violations and penalties defines breaches and establishes their classification and consequences. The Law on Violations and Penalties in the Social Order contains the main references in the workplace. The classification depends on the specific case and legal criteria, not only on the size of the company or the severity of an injury.

The Labor Inspectorate can investigate, require corrective measures, and initiate sanctioning proceedings within its jurisdiction. Correcting a deficiency is necessary, but it does not automatically erase a previous infraction. It is important to distinguish between the preventive requirement, the proposed sanction, and the final resolution, along with their respective opportunities for defense.

Civil reparation of damages

Civil liability aims to compensate for damages when the required conditions are met. Its analysis includes the damage, the conduct, and the causal link, taking into account the applicable legal framework. Compensation should not be confused with a fine: they serve different purposes and are not necessarily calculated using the same rules.

Determining amounts and responsible parties requires individualized information and legal assessment. Various contractual relationships and parties may be involved, especially when companies are involved. An internal agreement for the division of tasks or the purchase of insurance does not eliminate preventive obligations or guarantee that all potential consequences are covered.

Criminal liability and creation of danger

Articles 316 to 318 of the Penal Code regulate situations related to the safety and health of workers. Article 316 refers to those who, being legally obligated to do so and violating preventive regulations, fail to provide the necessary means and create a serious danger to life, health, or physical integrity.

Therefore, this analysis does not depend solely on whether an injury has occurred. The elements of the offense, the involvement and obligations of each person, and, where applicable, legally defined negligence must be examined. A nominal position or the appearance of a signature on a document does not replace this assessment nor does it automatically allow for the attribution of criminal liability.

Surcharge on Social Security benefits

Article 164 of the General Social Security Law provides for an increase of 30% to 50% in the financial benefits derived from work-related accidents or occupational diseases when the safety violations it establishes occur. The percentage depends on the severity of the violation, within the corresponding procedure.

The law assigns the payment directly to the offending employer and prohibits insuring, offsetting, or transferring it by agreement. This legal mechanism has its own specific rules and should not be automatically incorporated into a set of presumed consequences. Its application requires analyzing the harm, the measures not taken, and the relevant connection, in conjunction with the decision of the competent authority.

Compatibility and limitations between procedures

There are compatible consequences, but it cannot be stated that any act warrants all cumulative sanctions. The LISOS (Law on Social Infractions and Sanctions) prohibits double jeopardy when there is identity of subject, act, and grounds, and it regulates concurrence with criminal proceedings. If the acts may constitute a crime, the legally established rules on referral and suspension apply.

Article 42 allows for compatibility with compensation and surcharges, while Article 164 establishes the specific rules for the latter. To interpret a case file, its subject matter and stage must be identified. An initial notification does not equate to a final decision, and a decision in one area may influence others according to the applicable rules.

Practical example

Following a machine accident, it is discovered that a safety device was disabled. The preventive investigation identifies how this situation arose and which controls failed. Simultaneously, violations, damages, and liabilities can be analyzed in accordance with the facts and applicable regulations, without prejudging the legal outcome.

The company must mitigate the risk and retain relevant evidence, instructions, maintenance records, and communications. The investigation, conducted to learn from and prevent future occurrences, must not be manipulated to justify past decisions. Legal findings require due process and an examination of who had obligations, information, and the actual capacity to act.

Prevention and useful documentation

Defining responsibilities and roles helps organize work, but prevention is also demonstrated through resources, actions, and verification. Having an archived assessment does not prove that its measures were implemented. Records must correspond to actual events and maintain their traceability, especially after incidents or changes.

The purpose of preventive compliance is to protect people and maintain safe conditions. In each specific case, the facts and deadlines must be assessed with appropriate legal advice. This framework allows for the identification of consequences and the organization of information, without prejudging penalties, compensation, or liability in any individual case.

Related concepts

On the blog

References

  1. Official State Gazette. Law 31/1995, on Occupational Risk Prevention. Consolidated text. Official source
  2. Official State Gazette. Royal Legislative Decree 5/2000, Law on Infringements and Sanctions in the Social Order. Consolidated text. Official source
  3. Official State Gazette. Organic Law 10/1995, Penal Code. Articles 316 to 318. Consolidated text. Official source
  4. Official State Gazette. Royal Legislative Decree 8/2015, General Social Security Law. Consolidated text. Official source

Editorial information

Publication date: October 10, 2026.

Editorial Manager: Sabentis Editorial Team.

Author: Pablo Rodríguez LinkedIn

Executive Vice President of the ORP International Foundation and Chief Financial Officer of Sabentis.

Request a Demo

Discover all that Sabentis can do for your organization.

Try Sabentis

request a demo
stars 5
GetApp Software Advice Capterra