Identifying the actual roles
Article 2 of Royal Decree 1627/1997 defines participants for preventive purposes in Spain. The client commissions the work; the contractor undertakes all or part of its execution for the client; a subcontractor performs a part commissioned by the contractor.
The actual relationship must be reviewed, not just the commercial name of the contract. A self-employed person employing others is treated as a contractor or subcontractor for these purposes.
The client and designers
The client must ensure that a safety and health study or basic study is prepared for projects where required and appoint coordinators when the legal circumstances arise.
During design, prevention must be incorporated into technical decisions, organisation and phase duration. If several designers participate, coordination is required at that stage. Appointing a coordinator does not exempt the client from its own duties.
Project management and coordination
The project management team directs and controls execution. The coordinator during execution forms part of that team and coordinates the application of preventive principles, concurrent activities and control of working methods.
The need for appointment depends on the legally specified involvement: more than one company, a company and self-employed workers, or several self-employed workers. This function should not be confused with each employer’s daily supervision of tasks.
Contractors and subcontractors
Each contractor prepares its safety and health plan where required, developing the study according to its execution method. Approval belongs to the coordinator or, if appointment is not required, the project management team; public works follow the specific Article 7 procedure.
Contractors and subcontractors must correctly implement their measures, inform and instruct, and follow coordination directions. Approval of the plan does not release them from complying with it or from their employer duties.
Self-employed workers and direct contracting
Self-employed people without employees have specific duties concerning prevention, coordination, equipment and compliance with instructions and the plan under Article 12.
If the client directly contracts self-employed workers, Royal Decree 1627/1997 treats it as a contractor in relation to them, subject to the exception for certain work commissioned by a private individual at their home. The contractual structure should therefore be reviewed before work begins.
Coordinating decisions and checking implementation
Define who authorises changes, communicates risks and interactions and checks measures before each phase. Duties under the general preventive framework continue to apply to employers.
The workplace opening notification must be submitted by each contractor before work begins, and the client must ensure compliance. This formality does not replace planning, resources or effective coordination.
Hypothetical example: two contractors on a refurbishment
A client directly contracts roof refurbishment and electrical renewal. Although the companies have their own plans and responsible people, their tasks may coincide in the same area.
The need for coordination is identified, phases are organised and responsibility for communicating changes and restricting access is specified. The solution combines each company’s duties with control of their interactions.
