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What it regulates
Allocates prevention duties between the temporary-work agency and the user undertaking. It requires appropriate training before work starts and restricts assignments to certain hazardous jobs.
Who it applies to
Temporary agency assignments. This entry focuses on Articles 8(b), 12(3), 16(1)–(2) and the second additional provision; it does not cover the full commercial, pay or authorisation regime.
Key provisions
Assignments to particularly hazardous work are prohibited within the terms of the second additional provision and applicable collective bargaining.
Article 8The agency verifies or provides theoretical and practical preventive training appropriate to the job before work begins; the job must have been risk-assessed beforehand.
Article 12Before work begins, the user undertaking informs the worker of job risks and protective and preventive measures.
Article 16The user undertaking is responsible for safety and health protection and, under statutory conditions, the benefit surcharge arising from missing preventive measures.
Article 16Regulates exposure-related prohibitions and additional conditions in certain sectors: audited in-house prevention resources, participation and documented competence and training.
Additional provision secondHistory and versions
Initial publication: 02/06/1994 · Initial entry into force: 22/06/1994
BOE-A-1994-12554Published on 2 June 1994 and effective from 22 June 1994. Act 29/1999 strengthened training and prior assessment; the 2010 reforms redefined restrictions on hazardous work. History is limited to prevention milestones: a consolidated text’s overall date does not mean every OSH article changed then.
Act 29/1999: Article 12 reform, including prior preventive training and job assessment.
BOE-A-1999-15683Royal Decree-Law 10/2010: precursor to the 2010 hazardous-work rules.
BOE-A-2010-9542Act 35/2010: amends Article 8(b) and the second additional provision on particular hazards.
BOE-A-2010-14301Text versions of the selected OSH provisions
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 02/06/1994 | 22/06/1994 | BOE-A-1994-12554 | Article 8, Article 12, Article 16, Additional provision second |
| 11/04/1995 | 01/05/1995 | BOE-A-1995-8758 | Additional provision second |
| 17/07/1999 | 06/08/1999 | BOE-A-1999-15683 | Article 8, Article 12 |
| 03/03/2001 | 04/03/2001 | BOE-A-2001-4291 | Article 8 |
| 10/07/2001 | 11/07/2001 | BOE-A-2001-13265 | Article 8 |
| 14/06/2006 | 15/06/2006 | BOE-A-2006-10562 | Article 8 |
| 30/12/2006 | 31/12/2006 | BOE-A-2006-22949 | Article 8 |
| 17/06/2010 | 18/06/2010 | BOE-A-2010-9542 | Article 8, Article 16, Additional provision second |
| 18/09/2010 | 19/09/2010 | BOE-A-2010-14301 | Article 8, Article 16, Additional provision second |
| 23/02/2013 | 24/02/2013 | BOE-A-2013-2030 | Article 12 |
| 27/07/2013 | 28/07/2013 | BOE-A-2013-8187 | Article 12 |
Transitional provisions and application notes
The 2011 transition is not a current blanket ban on all temporary agency work in construction or mining. The occupation, exposure, statutory conditions and applicable agreement must be checked.
Additional provision secondThe text retains references to historical radiation and chemical-classification rules. It must be read with current regimes; an old reference does not revive repealed legislation.
Additional provision second
Official BOE legal relationships
This record covers the history of the selected occupational safety and health provisions. The official analysis also provides the relationships affecting other subjects in the legislation.
Official BOE legal relationships
