Labour and Social Security Inspectorate (Spain)

What is the Labor and Social Security Inspectorate?

The Labor and Social Security Inspectorate (ITSS) is the public authority that ensures compliance with social regulations in companies. Its origins lie in the Institute of Social Reforms of 1906, and it is now structured as an integrated system comprised of the State Labor and Social Security Inspectorate, attached to the Ministry of Labor, with the participation of the autonomous communities, which have executive authority in matters of occupational risk prevention. Law 23/2015 regulates its organization, functions, the powers of its officials, and the guarantees for individuals and companies inspected.

The inspection function is carried out by Labor and Social Security Inspectors and, within their areas of competence, by Labor Sub-Inspectors, in particular the Occupational Safety and Health scale created by Law 23/2015 to strengthen the monitoring of material safety conditions. They are considered public authorities and may freely enter any workplace without prior notice, carry out investigations, request documentation, and examine any element related to the applicable regulations (Article 13).

In occupational risk prevention, the ITSS collaborates with the National Institute for Occupational Safety and Health and with the technical bodies of the autonomous communities, whose authorized technicians can carry out checks of material conditions and requirements in accordance with article 9.2 of Law 31/1995 and Royal Decree 689/2005. The Inspection also assumes the function of mediation and arbitration in labor disputes and that of advising the parties.

Functions in occupational risk prevention

• Monitoring and control. Verification of compliance with preventive regulations: risk assessment, planning, preventive organization, training, health surveillance, equipment, workplaces and coordination of activities.
• Requirements. When it finds non-compliance, it may require the company to rectify the situation within a certain period before or together with the start of the sanctioning procedure (Article 43 of Law 31/1995).
• Stoppage of work. In the face of a serious and imminent risk to safety and health, it orders the immediate stoppage of the affected work, communicating this to the company, the labor authority and the representatives (article 44).
• Infringement reports. The sanctioning procedure is initiated by means of a report with a presumption of certainty, in accordance with the LISOS and Royal Decree 928/1998, with a proposed graduated sanction.
• Accident investigation. Reports fatal, very serious or serious work accidents and occupational diseases to the labor authority, and proposes, where appropriate, a surcharge on benefits.
• Advice and campaigns. It informs and advises companies and workers on the most effective way to comply with regulations and develops campaigns planned by sector and risk.

How an inspection operation unfolds

• Origin. By order of a superior, campaign planning, complaint, request from other bodies or initiative of the inspector; the complaint is public and the complainant is not a party to the procedure.
• Visit or appearance. Entry into the center without prior notice, communicating their presence unless it harms the proceedings; possibility of accompaniment by workers’ representatives, and of requiring appearance with documentation.
• Verification. Examination of documents, interviews, inspection of facilities, sampling and measurement of agents, with the possibility of technical assistance.
• Proceedings. Recording of the action in the electronic Visitors’ Book, with the proceedings and requirements made.
• Result. Warning, requirement, violation report, proposed surcharge, work stoppage or report to the labor authority or the Public Prosecutor’s Office when there is evidence of a crime.
• Time limit. The verification procedures must conclude within the maximum period set by Law 23/2015, with the possibility of a reasoned extension.

Organizational application: how to prepare for an inspection

1. Keep the preventive documentation required by Article 23 of Law 31/1995 up-to-date and accessible: prevention plan, risk assessment, planning, periodic controls, health surveillance and list of accidents and occupational diseases.
2. Having evidence of information and training, delivery of PPE, coordination of activities, equipment reviews and preventive organization.
3. Designate the people who will attend the Inspection and establish a protocol of action during the visits, with the participation of the worker safety representatives.
4. Address the requirements within the deadline, document the measures taken, and communicate the correction.
5. Handle the minutes and the stoppages with legal advice, respecting the deadlines for allegations and appeals.
6. Analyze the Inspection campaigns in the sector to anticipate the aspects that will be subject to verification.
7. Use inspection activities as a source of improvement to the preventive system, not just as a matter of compliance.

Preventive management software allows for centralized documentation, the immediate generation of evidence requested by the Inspection, and control of deadlines for requirements.

Limits and common mistakes

1. Preventing or hindering the inspection process constitutes an obstruction offense under the LISOS law.
2. Not having up-to-date preventive documentation or submitting generic assessments that do not reflect the actual positions.
3. Ignoring requirements or remedying them without leaving documentary evidence.
4. To confuse the actions of the Inspection with those of the qualified technicians of the autonomous communities or of the prevention services.
5. Consider that hiring an external prevention service covers the obligations required during the visit.
6. Ignoring the right of workers’ representatives to accompany the inspector and to be informed of the outcome.

The powers and procedures detailed are in Law 23/2015 and its implementing regulations; this sheet is for informational purposes.

Regulatory and reference framework

• Law 23/2015, of July 21. Regulating the Labor and Social Security Inspection System: organization, functions and powers.
• Law 31/1995, articles 9, 43 and 44. Functions of the Inspection in prevention, requirements and work stoppage.
• Royal Legislative Decree 5/2000 (LISOS) . Infringements and penalties in matters of occupational risk prevention and obstruction of the inspection work.
• Royal Decree 928/1998, of May 14. General regulations on procedures for imposing sanctions for social order infringements.
• ILO Convention 81 (1947) . Convention concerning Labour Inspection in Industry and Commerce.
• State Agency for Labor and Social Security Inspection . Official website: campaigns, technical criteria, complaints and electronic Visitors Book.

Royal Decree 138/2000 approves the Regulation of Organization and Operation of the Inspection and Royal Decree 689/2005 regulates the actions of the authorized technicians of the autonomous communities; the Inspection publishes technical criteria on the application of the preventive regulations.