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What it regulates
The equality law introduces sex-related considerations into prevention policy, amends pregnancy and breastfeeding protection, and establishes measures against conduct violating sexual freedom and moral integrity at work. This record selects additional provisions 8, 9 and 12 and Article 48 within the stated limits, distinguishing amendments to the Occupational Risk Prevention Act from provisions contained in the equality law itself.
Who it applies to
Additional provision 12, adding Article 5.4 and amending the first paragraph of Article 26.2 and Article 26.4 of the Act, plus current Article 48. This record does not fully cover political representation, equality plans, pay or other unselected matters.
The selection also covers Additional Provision Eight(3)–(4), solely for its occupational-health amendments to the General Health Act: current Article 18(9) and the opening of former Article 21(1), repealed in 2011. The selection also includes Additional Provision Nine(2): the historical 2007 wording of Article 11(2)(g) of Act 16/2003 and its replacement by Article 11(2)(h) from 2011.
Key provisions
It adds consideration of sex-related variables to prevention data, studies and research under Article 5 of the Act, to identify and prevent occupational harm linked to workers’ sex.
Additional provision twelfthIt amends Article 26.2 on risk certification and transfer to compatible work where adaptation is impossible or insufficient. Certification is linked to the body covering occupational risks and the public health service doctor’s report.
Additional provision twelfthIt extends Article 26.4 protection to natural breastfeeding and provides for suspension due to breastfeeding risk for children under nine months where the statutory conditions preventing a compatible transfer are met.
Additional provision twelfthEmployers must promote working conditions that prevent offences and other conduct violating sexual freedom and moral integrity, particularly sexual harassment and sex-based harassment, including in digital environments.
Article 48Measures established for this purpose must be negotiated with worker representatives; examples include good-practice codes, campaigns and training. Representatives contribute through awareness-raising and informing management.
Article 48Additional Provision Eight(3) gives Article 18(9) of the General Health Act its duty to protect, promote and improve occupational health, with particular attention to sexual and sex-based harassment. It addresses action by health administrations through their competent services and bodies.
Additional Provision EightAdditional Provision Eight(4) introduced a gender perspective into the opening of Article 21(1) of the General Health Act. This is retained as historical background: that receiving Article was repealed in 2011.
Additional Provision EightAdditional Provision Nine(2) amended the public-health service provision in Article 11(2)(g) of Act 16/2003 to expressly consider women workers’ specific risks and needs. That wording was replaced in 2011; occupational health remains included in current Article 11(2)(h).
Additional Provision Nine(2)History and versions
Initial publication: 23/03/2007 · Initial entry into force: 24/03/2007
BOE-A-2007-6115Published on 23 March 2007 and effective for these provisions from 24 March 2007. Additional provision 12 retains its initial text and its changes were incorporated into Articles 5 and 26 of the Act. Article 48’s current version was published on 7 September 2022 and took effect on 7 October 2022. Later changes elsewhere in the law remain in source relationships; this is not a complete editorial history of the entire law.
Original additional provision 12 introduces Article 5.4 and amends Articles 26.2 and 26.4 of the Act. The current receiving text distinguishes the integrated rule from its amending instrument.
BOE-A-2007-6115Organic Law 10/2022 gives Article 48 new wording, published 7 September 2022 and effective 7 October 2022.
BOE-A-2022-14630In the receiving Act, Article 26 retains the 2007 version. Article 5 has a later 2009 version that does not remove paragraph 4 introduced by this law.
BOE-A-1995-24292Text versions of the selected OSH provisions
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 23/03/2007 | 24/03/2007 | BOE-A-2007-6115 | Article 48, Additional provision twelfth, Additional Provision Eight (3–4, OSH selection), Additional Provision Nine(2) |
| 07/09/2022 | 07/10/2022 | BOE-A-2022-14630 | Article 48 |
From 24 March 2007, Additional Provision Eight introduced express attention to sexual and sex-based harassment in Article 18(9) of the General Health Act and added a gender perspective to the opening of Article 21(1). Act 33/2011 repealed Articles 21 and 22 from 6 October 2011; the duty in Article 18(9) remains. These are two different legal trajectories arising from the same 2007 amendment. From 24 March 2007, Additional Provision Nine(2) added specific consideration of women workers’ risks and needs to former Article 11(2)(g) of Act 16/2003. Final Provision Two(3) of Act 33/2011 rewrote paragraph 2 from 6 October 2011: occupational health protection and promotion now appear under letter (h), without reproducing that 2007 phrase. The amendment’s historical effect is distinguished from the receiving text currently in force.
Transitional provisions and application notes
The 2007 reform does not make every pregnancy or breastfeeding situation an automatic occupational risk. Assessment and the sequence of adaptation, transfer and, where applicable, suspension under Article 26 must be applied.
Additional provision twelfthArticle 48 was amended by Organic Law 10/2022 with effect from 7 October 2022. Its original 2007 wording is insufficient to explain the current scope, which expressly includes digital environments.
Article 48Benefits, leave and procedures outside the selected provisions require their own current legislation. This record does not classify the entire equality law as exclusively OSH legislation.
Additional provision twelfthThe continued presence of the 2007 amending text does not revive repealed Article 21(1). Current duties require checking the receiving legislation and applicable prevention and public-health legislation.
General Health Act · 21.1The 2011 version of Article 18 as a whole reflects the addition of another paragraph. The occupational-health wording in paragraph 9 introduced by this Act in 2007 must not be dated to 2011.
General Health Act · 18.9Article 11(2)(g) of Act 16/2003 must not now be cited as retaining its 2007 wording: current letter (g) concerns food safety. The current occupational-health provision is 11(2)(h); this entry does not infer that the rewrite removed prevention duties under other legislation.
Act 16/2003 · Article 11(2)(h)
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
