Content and scope of the duty to inform
Article 18.1 of Law 31/1995 establishes three minimum requirements: occupational safety and health risks, both general company risks and those specific to each job or function; the protection and prevention measures and activities applicable to these risks; and the emergency measures adopted in accordance with Article 20 (first aid, firefighting, and evacuation). Information on job risks is derived from the risk assessment and must be updated whenever the assessment is reviewed. Furthermore, other specific regulations add specific reporting requirements: safety data sheets for chemical products, instructions for work equipment, signage, the results of exposure measurements (noise, vibrations, chemical agents), and information on health surveillance.
The information must be understandable: adapted to the educational level, language, and abilities of the recipients, with special attention to newly hired individuals, those from temporary employment agencies (Article 28), people with disabilities, and those with language barriers. It must be provided at the appropriate time, before the person is exposed to the risk, and repeated when conditions change. Although the law does not mandate a specific format, documentary evidence (delivery with acknowledgment of receipt, registration in the management system) is necessary to demonstrate compliance and ensure the traceability of the prevention system.
Article 18.2 adds the duty of consultation and participation, which complements the provision of information: informing is not the same as consulting, and both obligations are enforceable independently. In management systems compliant with ISO 45001, internal communication and information are requirements of the support section, with defined processes regarding what to communicate, when, to whom, and how.
Situations that require specific information
- Onboarding. Initial information on general and job-related risks, preventive measures, internal rules and emergencies, before starting work.
- Change of position or duties. Updated information on the risks and measures of the new position.
- New equipment, products, or technologies. Instructions for use, safety data sheets, and protective measures.
- Review of the risk assessment. Communication of changes in risks and measures.
- Results of health measurements and surveillance. Individual and collective information on exposures and on the conclusions of the surveillance in relation to fitness.
- Serious and imminent risk. Immediate information on the situation and the measures to be taken (Article 21).
- Competition of companies. Exchange of information between competing companies and transfer to workers (Royal Decree 171/2004).
- Temporary employment agencies. Information prior to assignment and incorporation (Article 28 and Royal Decree 216/1999).
Media and best practices
- Job information document. Sheet with the risks, measures, protective equipment and emergencies of the job, delivered with acknowledgment of receipt.
- Welcome. Welcome session with a visit to the facilities, delivery of the prevention manual and introduction of the reference persons.
- Signage and posters. Visual reinforcement of information in the workplace.
- Safety talks . Short sessions to update information on changes and specific tasks.
- Digital channels. Intranet, applications and platforms that allow access to information and record its receipt.
- Representatives. Information to worker safety representatives and the health and safety committee on risks, measures, damages and preventive activity.
- Record. Proof of what information has been delivered, to whom, when, and in what version.
Organizational application: how to ensure information is provided to employees
- Define an information procedure that establishes content, timing (incorporation, changes, revisions), responsible parties, means and method of recording.
- Based on the risk assessment, prepare an information sheet for each position with risks, measures, protective equipment and emergencies, in understandable language and, if appropriate, in several languages.
- Provide the information before joining and in case of any changes, with acknowledgment of receipt, and integrate it into the onboarding process.
- Update the information when the assessment is reviewed, equipment or products are introduced, or procedures change, and communicate the changes.
- Inform the worker safety representatives and the health and safety committee, and ensure the exchange of information in the coordination of business activities and with temporary employment agencies.
- Reinforce the information with signage, safety talks and digital channels, and verify their understanding.
- Record all information provided with date, version and recipient, and periodically audit coverage.
Preventive management software allows generating job information sheets based on risk assessment, distributing them and recording their receipt, managing versions and updates, and maintaining traceability of the information provided to each person, including contractors and temporary staff.
Limits and common mistakes
- Confusing information with training and considering Article 19 fulfilled with the delivery of a document.
- Providing generic information without the specific risks and measures of the position.
- Failure to update information after reviewing the risk assessment or introducing changes.
- Providing information in a language or format that is not understandable to the person.
- Failure to document the delivery, which prevents proof of compliance.
- Omit information to contractors, temporary staff and new hires.
The detailed legal framework is set out in Law 31/1995 and its implementing regulations; this document is for informational purposes only.
Practical example
Situation: A logistics company with high turnover and staff of various nationalities receives a request from the Labor Inspectorate for not proving the information provided to an injured worker in his first week.
- Diagnosis. The prevention service verifies that the information was delivered verbally during the welcome, without a document per position or record, and that some of the staff did not understand the material in Spanish.
- Procedure. An information procedure is approved with job-specific fact sheets generated from the risk assessment, available in three languages and with pictograms, and with delivery and acknowledgment of receipt before incorporation.
- Welcome and reinforcement. The welcome process is redesigned with a visit to the facilities, delivery of information sheets and an initial safety talk; updates are communicated in talks and on the internal application.
- Follow-up. The information provided to each person is recorded with date and version, including contractors and temporary employment agency personnel, and the company certifies compliance with the requirement.
Regulatory and reference framework
- Law 31/1995, of November 8. Law on Prevention of Occupational Risks; information, consultation and participation (article 18), emergencies (article 20), serious and imminent risk (article 21) and temporary employment relationships (article 28).
- Directive 89/391/EEC . Framework Directive; information of workers (Article 10).
- Royal Decree 39/1997, of January 17. Regulation of Prevention Services; risk assessment as the basis of information.
- Royal Decree 171/2004, of January 30. Coordination of business activities; information duties between competing companies and workers.
- Royal Legislative Decree 5/2000, of August 4. Law on Infringements and Sanctions in the Social Order; infringements in matters of information.
- INSST. List of Technical Prevention Notes on consultation, training and information . Technical prevention notes on information for workers.
Specific regulations on chemical agents, noise, vibrations, work equipment, signage and personal protective equipment establish additional information duties.
