Spain · National · Order

Order of 31 January 1940 · Historical safety and hygiene regulation

Repealed: from 1 June 1971 except Chapter VII, expressly repealed from 3 December 2004

Current official Spanish title: Orden aprobando el Reglamento general de Seguridad e Higiene en el Trabajo.

On this page
  1. What it regulates
  2. Who it applies to
  3. Key provisions
  4. History and versions
  5. Transitional provisions and application notes
  6. Official BOE legal relationships
  7. Official sources
  8. Explore the concepts in Sabentis Explore

What it regulates

It approved a general regulation protecting workers against occupational risks, covering premises, equipment, scaffolding, hygiene, first aid and information. It is retained as a historical precursor to prevention in Spain. The February 1940 original must be read with the correction published that month and later repeals; it does not establish current preventive duties.

Who it applies to

Historical national scope: industries and work covered by occupational-accident legislation, alongside sector-specific provisions. This entry selects preventive topics and the verified correction and repeal chain. It does not reconstruct every special provision or itself determine the rules applicable to a past case.

Key provisions

The historical regulation established general protection against occupational risks. Particularly hazardous activities were also subject to applicable special regulations and instructions.

Official reference

It assigned compliance monitoring to the Labour Inspectorate and imposition and collection of fines to labour delegates under the period’s procedures. This allocation is described as institutional history.

Official reference

It contained rules on workplace dimensions and maintenance, circulation, stairs, openings and air renewal. These are predecessors of workplace protection rules; their historical numerical limits are not current compliance criteria.

Official reference

It provided for first-aid supplies at workplaces and, where the establishment’s scale required, an emergency treatment room with healthcare staff and initial-care equipment. This is historical regulation, not a current healthcare standard.

Official reference

It required informing workers of the regulation when they joined and displaying it visibly; the Article 101 correction specified the official edition published by the Ministry. Pending special instructions, the employer’s preventive instructions also had to be displayed.

Official reference

History and versions

Initial publication: 03/02/1940 · Initial entry into force: Three months after publication (article 104); no calculated calendar date

BOE-A-1940-1173

Signed on 31 January 1940 and published on 3 February, pages 914–924. Article 104 set a three-month commencement period. The correction signed on 19 February and published on 28 February corrected Articles 33, 37, 78, 83, 92 and 101. The Order of 9 March 1971 repealed the regulation except Chapter VII from 1 June 1971. Royal Decree 2177/2004 expressly repealed that chapter from 3 December 2004. These documented milestones are not an exhaustive inventory of every rule affecting historical application.

Original publication of 3 February 1940: general regulation; commencement follows Article 104’s three-month rule.

BOE-A-1940-1173

Correction published on 28 February 1940: Article 33, alternative devices; 37, reference to Article 23; 78, height of 0.90 metres; 83, separation of non-hazardous and hazardous operations; 92, one toilet per forty male workers; 101, the Ministry’s official edition. These are corrected historical details, not current recommendations.

BOE-A-1940-2040

Order of 9 March 1971, validity table I(1) and final provision four: repeals the regulation except Chapter VII, effective 1 June 1971.

BOE-A-1971-380

Royal Decree 2177/2004, sole article (three): inserts the express repeal of Chapter VII of the 1940 regulation into Royal Decree 1215/1997. Published 13 November 2004; in force 3 December.

BOE-A-2004-19311
Verified historical publications

Original publication and correction; these are not versions of a consolidated text.

Transitional provisions and application notes

  • The original was published on 3 February 1940. Article 104 provided for commencement three months after BOE publication. That literal rule is retained without presenting a calculated calendar date as one expressly stated by the source.

    Official reference
  • The correction signed on 19 February 1940 and published on 28 February corrects six articles. It changes meaning and dimensions: Article 33 replaces “and” with “or” between the specified devices; Article 78 replaces 0.50 with 0.90 metres. It is not a separate second law.

    Official reference
  • The Order of 9 March 1971 repealed the regulation except Chapter VII, effective 1 June 1971. It is incorrect either to describe a complete repeal in 1971 or to treat the entire regulation as in force until 2004.

    Official reference
  • Royal Decree 2177/2004 inserted the express repeal of Chapter VII into Royal Decree 1215/1997’s repealing provision, effective 3 December 2004. No current residual force is established. The 1971 exception does not prove that the chapter remained unchanged or unaffected by other legislation throughout the intervening period.

    Official reference

Official BOE legal relationships

Documentarily verified relationships are explained in the history: the 1940 correction, the 1971 repeal except Chapter VII and the express repeal of that chapter in 2004. This is not claimed to be an exhaustive history of every intermediate development.

Official sources

Official sources checked on 14/11/2026. Updating a database record does not by itself mean that the legislation has been amended.

  1. BOE-A-1940-1173
  2. BOE-A-1940-1173
  3. BOE-A-1940-2040
  4. BOE-A-1940-2040
  5. BOE-A-1971-380
  6. BOE-A-2004-19311

Official sources checked on 14 November 2026: original publication, correction and repealing instruments. This historical entry summarises the consulted documents and provides no separate consolidated text. Interpretation of a past situation requires checking its date, sector and other applicable legislation.

Sabentis editorial translation into English; it is not an official translation and does not replace the official documents.

Editorial information

Publication date: 14 November 2026.

Editorial responsibility: Sabentis editorial team.

Editorial review by Pablo RodríguezLinkedIn

Executive Vice President of the International ORP Foundation and Chief Financial Officer of Sabentis.

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