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    Spain · National · Royal Decree

    Royal Decree 138/2000 · Inspection operations and authorised prevention technicians

    In force, with amendments, partial repeal and partial annulments

    Current official Spanish title: Real Decreto 138/2000, de 4 de febrero, por el que se aprueba el Reglamento de Organización y Funcionamiento de la Inspección de Trabajo y Seguridad Social.

    Original publication and analysisConsolidated textELI identifier
    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

    Regulates inspection operations and collaboration by authorised technicians checking material safety and health conditions.

    Who it applies to

    A regulation of general labour and social-security scope, applicable insofar as compatible with Law 23/2015 and subsequent amendments. This record covers occupational safety powers, procedures and checks; Title III is repealed and some provisions are annulled.

    Key provisions

    Inspection powers operate within the statutory framework, with access, information gathering and checks subject to its safeguards.

    Article 7

    Interactions are preferably electronic, with published conditions for applications and security and data-protection safeguards.

    Article 14 bis

    Evidence authority to represent a party before the Inspectorate; formal recorded authorisation, electronic appearance and the electronic register are permitted without excluding other valid methods.

    Article 21

    Authorised technicians check material or technical conditions: installations, agents, protective equipment, adequacy of health surveillance and ergonomics, within their authorised scope.

    Article 61

    Reports of failures to comply with requirements must document identification, facts, checks and evidence; they may lead to inspection infringement reports where appropriate.

    Article 65

    History and versions

    Initial publication: 16/02/2000 · Initial entry into force: 01/03/2000

    BOE-A-2000-3088

    Royal Decree 192/2018 repealed Title III of the regulations from 8 April 2018. This is a partial repeal. Royal Decree 1011/2023 amended Article 21 and added Article 14 bis and the fourth additional provision, effective from 6 March 2024. Royal Decree 1078/2017 amended Articles 4, 7(2), 8, 9(3), 23(4), 26 and 27 and the specified Title II wording, and added the third additional provision. Law 13/2012 amended Article 17 on the duration of inspection inquiries. Royal Decree 1483/2012 amended Article 33 on territorial allocation. Royal Decree 107/2010 amended Articles 15(1)(c), 17(1) and (3), and 47(4). Article 47 is within Title III, subsequently repealed in 2018. Royal Decree 689/2005 amended Article 23 and added Title IV on authorised technicians’ collaboration in prevention checks. Royal Decree 1125/2001 amended Articles 33 and 58. Article 58 is within the subsequently repealed Title III. Order TES/1291/2024 regulated the Inspectorate’s Electronic Register of Powers of Attorney under the first final provision. Order ESS/1784/2012 assigned operational functions to territorial directors under the first final provision. Its historical reference must be read with subsequent organisational rules. The Resolution of 11 April 2006 regulated the Visitors’ Book under Article 20. Current documentation must instead be read with Law 23/2015 and Order ESS/1452/2016, as explained in the cautions. Order PRE/2457/2003 approved instructions for inspecting businesses operating at military centres, bases and establishments under Article 3(2). The Supreme Court judgment of 10 February 2003 annulled Article 3(3) and the final passage of Article 11(1); it did not annul the entire regulations.

    Royal Decree 192/2018 repealed Title III of the regulations from 8 April 2018. This is a partial repeal.

    Publication: 07/04/2018 · Effective date: 08/04/2018

    BOE-A-2018-4753

    Royal Decree 1011/2023 amended Article 21 and added Article 14 bis and the fourth additional provision, effective from 6 March 2024.

    Publication: 06/12/2023 · Effective date: 06/03/2024

    BOE-A-2023-24844

    Royal Decree 1078/2017 amended Articles 4, 7(2), 8, 9(3), 23(4), 26 and 27 and the specified Title II wording, and added the third additional provision.

    Publication: 30/12/2017 · Effective date: 31/12/2017

    BOE-A-2017-15853

    Law 13/2012 amended Article 17 on the duration of inspection inquiries.

    Publication: 27/12/2012 · Effective date: 28/12/2012

    BOE-A-2012-15596

    Royal Decree 1483/2012 amended Article 33 on territorial allocation.

    Publication: 30/10/2012 · Effective date: 31/10/2012

    BOE-A-2012-13419

    Royal Decree 107/2010 amended Articles 15(1)(c), 17(1) and (3), and 47(4). Article 47 is within Title III, subsequently repealed in 2018.

    Publication: 16/02/2010 · Effective date: 17/02/2010

    BOE-A-2010-2529

    Royal Decree 689/2005 amended Article 23 and added Title IV on authorised technicians’ collaboration in prevention checks.

    Publication: 23/06/2005 · Effective date: 23/09/2005

    BOE-A-2005-10624

    Royal Decree 1125/2001 amended Articles 33 and 58. Article 58 is within the subsequently repealed Title III.

    Publication: 31/10/2001 · Effective date: 01/11/2001

    BOE-A-2001-20276

    Order TES/1291/2024 regulated the Inspectorate’s Electronic Register of Powers of Attorney under the first final provision.

    BOE-A-2024-23948

    Order ESS/1784/2012 assigned operational functions to territorial directors under the first final provision. Its historical reference must be read with subsequent organisational rules.

    BOE-A-2012-10715

    The Resolution of 11 April 2006 regulated the Visitors’ Book under Article 20. Current documentation must instead be read with Law 23/2015 and Order ESS/1452/2016, as explained in the cautions.

    BOE-A-2006-6947

    Order PRE/2457/2003 approved instructions for inspecting businesses operating at military centres, bases and establishments under Article 3(2).

    BOE-A-2003-17269

    The Supreme Court judgment of 10 February 2003 annulled Article 3(3) and the final passage of Article 11(1); it did not annul the entire regulations.

    Publication: 16/05/2003 · Effective date: 16/05/2003

    BOE-A-2003-9901
    All text versions recorded by the BOE

    Publication and effective dates are different. The table retains the dates and provisions of each recorded text version; it does not treat future transitional deadlines as requirements already applicable.

    PublicationEffective dateOfficial referenceAffected provisions
    16/02/200001/03/2000BOE-A-2000-3088Preamble, Article sole, Transitional provision first, Transitional provision second, Transitional provision third, Repealing provision sole, Final provision first, Final provision second, Signature, Regulation, Title I, Chapter I, Section 1, Article 1, Article 2, Article 3, Section 2, Article 4, Article 5, Article 6, Title II, Chapter I, Section 1, Article 7, Article 8, Section 2, Article 9, Article 10, Article 11, Article 12, Article 13, Chapter II, Section 1, Article 14, Article 15, Article 16, Article 17, Article 18, Article 19, Article 20, Article 21, Section 2, Article 22, Article 23, Article 24, Article 25, Section 3, Article 26, Article 27, Chapter III, Section 1, Article 28, Article 29, Article 30, Article 31, Section 2, Article 32, Article 33, Article 34, Article 35, Section 3, Article 36, Article 37, Article 38, Article 39, Article 40, Title III, Chapter I, Section 1, Article 41, Section 2, Article 42, Article 43, Article 44, Article 45, Chapter II, Section 1, Article 46, Article 47, Section 2, Article 48, Article 49, Section 3, Article 50, Article 51, Article 52, Article 53, Article 54, Section 4, Article 55, Article 56, Section 5, Article 57, Article 58, Additional provision first, Additional provision second, Related information
    31/10/200101/11/2001BOE-A-2001-20276Article 33, Article 58
    16/05/200316/05/2003BOE-A-2003-9901Article 3, Article 11
    23/06/200523/09/2005BOE-A-2005-10624Article 23, Title IV, Chapter I, Article 59, Article 60, Article 61, Chapter II, Article 62, Article 63, Chapter III, Article 64, Article 65, Article 66, Article 67, Article 68
    16/02/201017/02/2010BOE-A-2010-2529Article 15, Article 17, Article 47
    30/10/201231/10/2012BOE-A-2012-13419Article 33
    27/12/201228/12/2012BOE-A-2012-15596Article 17
    30/12/201731/12/2017BOE-A-2017-15853Article 4, Article 7, Article 8, Article 9, Article 23, Section 3, Article 26, Article 27, Additional provision third
    07/04/201808/04/2018BOE-A-2018-4753Title III, Chapter I, Articles 41–45, Chapter II, Articles 46–58
    06/12/202306/03/2024BOE-A-2023-24844Article 14 bis, Article 21, Additional provision fourth

    Transitional provisions and application notes

    • Continuation of units and posts pending new staffing schedules belongs to the initial 2000 organisational regime; read it with the subsequent 2018 reorganisation.

      Transitional provision first

    • Provisional assignment of leadership roles depended on approval and filling of posts. It does not automatically identify current leadership.

      Transitional provision second

    • Initial assumption of Central Authority functions must be placed in the context of Law 23/2015 and the statutes in Royal Decree 192/2018.

      Transitional provision third

    • The Supreme Court judgment of 10 February 2003 annulled Article 3(3) and part of Article 11(1). The annulment does not affect the entire regulation.

      Article 3

    • From 8 April 2018, Title III was repealed by the new statutes. Historical organisational articles in that title must not be applied as the current structure.

      Official reference

    • Article 20 retains the old Visitors’ Book wording. Read it with Article 21(6) of Law 23/2015 and Order ESS/1452/2016 on inspection records: that older wording does not impose a duty to obtain or have an employer’s book endorsed.

      Official reference

    Official BOE legal relationships

    Relationships may affect only specific provisions. They do not by themselves determine the status of the whole instrument: consult its history and application notes.

    Earlier references (5)
    Subsequent references (13)

    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. Original publication and analysis
    2. Consolidated text
    3. ELI identifier
    4. BOE-A-2016-8361

    Based on data from Spain’s Official State Gazette (BOE). Consolidated text is informational: consult the official publication for legal purposes. The history includes all subsequent relationships in the retrieved BOE record, without guaranteeing coverage of all judgments, complementary legislation or implied changes.

    The official title is retained in Spanish. English and Catalan texts are editorial summaries, not official translations of the legislation.

    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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