On this page
What it regulates
The General Health Act retains protection, promotion and improvement of occupational health in Article 18(9), with attention to sexual and sex-based harassment. Its former occupational-health chapter, Articles 21 and 22, was repealed in 2011. This entry distinguishes the current public-health mandate from historical rules without treating the entire health statute as OSH legislation.
Who it applies to
National selection limited to Article 18(9) and the history of Articles 21–22. Article 18 addresses public authorities acting through health services and competent bodies. Other healthcare matters and the law’s numerous general amendments are outside this entry.
Key provisions
In force: Article 18(9) includes protecting, promoting and improving occupational health among public-health authorities’ activities, with particular attention to sexual and sex-based harassment. That clarification originates in Organic Law 3/2007.
Article 18Historical, repealed: Article 21(1)(a)–(b) required promotion of workers’ overall health and action on health aspects of prevention. It is described as a precursor to health and labour coordination.
Article 21Historical, repealed: Article 21(1)(c) provided for monitoring harmful conditions during pregnancy and breastfeeding and adapting work where necessary. It is not an independent current legal basis.
Article 21Historical, repealed: paragraphs (d)–(f) addressed the workplace microclimate, health surveillance, risk mapping and epidemiological information. The former substance-reporting duty in Article 21(1)(f) is not presented as a current obligation founded on that article.
Article 21Historical, repealed: Article 21(3) placed these functions under health-authority direction and close coordination with labour authorities and participation, inspection and control bodies. From 2007, paragraph 1 required a gender perspective.
Article 21Historical, repealed: Article 22 provided for employers and workers, through representative organisations, to participate in planning, programming, organisation and oversight of occupational-health management at different territorial levels.
Article 22History and versions
Initial publication: 29/04/1986 · Initial entry into force: 19/05/1986
BOE-A-1986-10499Published on 29 April 1986 and in force from 19 May. Organic Law 3/2007 amended Article 18(9) and the opening of Article 21(1), effective 24 March 2007. Law 26/2011 added another paragraph to Article 18 without changing paragraph 9. Law 33/2011 repealed Articles 21 and 22 from 6 October 2011. All general source relationships are retained, but the editorial history covers only this OSH chain, not the complete General Health Act.
Initial text of Articles 18(9), 21 and 22, effective 19 May 1986.
BOE-A-1986-10499Organic Law 3/2007, additional provision 8(3)–(4): sexual and sex-based harassment in 18(9), gender perspective in 21(1); effect 24 March 2007.
BOE-A-2007-6115Law 26/2011, Article 6(2), adds paragraph 18 to Article 18. Included to explain its new article-level 2011 version; it does not amend paragraph 9.
BOE-A-2011-13241Law 33/2011, sole repealing provision (1), expressly repeals Articles 21 and 22; published 5 October 2011, effective 6 October.
BOE-A-2011-15623Text versions of the selected OSH provisions
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 29/04/1986 | 19/05/1986 | BOE-A-1986-10499 | Article 18, Article 21, Article 22 |
| 23/03/2007 | 24/03/2007 | BOE-A-2007-6115 | Article 18, Article 21 |
| 02/08/2011 | 03/08/2011 | BOE-A-2011-13241 | Article 18 |
| 05/10/2011 | 06/10/2011 | BOE-A-2011-15623 | Article 21, Article 22 |
Transitional provisions and application notes
Repeal of Articles 21 and 22 by Law 33/2011, effective 6 October 2011, does not repeal the entire General Health Act or remove current Article 18(9). Nor does it imply that duties under other prevention laws have disappeared.
Article 21The latest Article 18 version was published on 2 August 2011 because Law 26/2011 added paragraph 18. It did not rewrite paragraph 9, whose selected wording dates from 2007. An article-level date does not by itself date each paragraph.
Article 18Current preventive decisions require consulting the Occupational Risk Prevention Act, public-health legislation and applicable current implementing rules. Reconstructing Articles 21–22 explains legal development; it does not impose their repealed duties today.
Article 22
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
