What the criterion does
Technical Criterion 104/2021 adapts European inspection guidance to Spain’s framework. It organises the work of the Labour Inspectorate rather than creating a new law that first introduces psychosocial prevention duties. Those duties form part of the existing obligation to protect workers against occupational risks.
Psychosocial risk assessment is one component, not the entire process. The criterion also addresses intervention when problems have emerged and protection connected with health harm. A questionnaire report alone therefore does not demonstrate complete management of the risks present at work.
Examining the assessment
Inspector Manuel Velázquez’s presentation on the criterion highlights technical competence, participation and coverage of jobs. Tools should suit actual work and identify and assess relevant factors while protecting privacy and confidentiality throughout the process.
An employee satisfaction survey is not an adequate substitute by itself. Quantitative and qualitative techniques serve purposes that the assessor should justify. Analysis units also matter: a company-wide average may conceal substantially different conditions among groups of workers.
Turn findings into checkable decisions
Measures need sufficient detail, assigned responsibility and follow-up. Where conflicting priorities and limited autonomy are identified, the response should consider work organisation. A wellbeing presentation does not automatically correct those underlying factors.
For example, records might connect an identified difficulty with an agreed change in task allocation, evidence of implementation and a later effectiveness check. This chain explains what has actually changed and what remains unresolved, without treating paperwork as a separate objective.
Do not wait for another survey
A complaint, incident or signs of harm may require action and review of existing arrangements. Consider the facts, protective measures and appropriate procedure. Stress is not automatically harassment, and repeating a survey is not a sufficient response to every complaint.
Read the official criterion alongside current legislation because it contains references from the time of approval. Records should reflect real decisions and effectiveness, while maintaining the distinction between confidential clinical data and preventive information the employer legitimately needs to manage the work safely.
