Spain · National · Royal Decree

Royal Decree 1389/1997 · Safety and health in mining

In force; no subsequent express amendments recorded

Current official Spanish title: Real Decreto 1389/1997, de 5 de septiembre, por el que se aprueban las disposiciones mínimas destinadas a proteger la seguridad y la salud de los trabajadores en las actividades mineras.

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

Sets minimum protection requirements for mining activities and requires a safety and health document adapted to the work and changes to it.

Who it applies to

Surface or underground mining activities defined in Article 2, including preparation of extracted materials for sale. Processing of those materials and extraction through drilling are excluded and subject to specific rules.

Key provisions

Prepare the safety and health document before work begins and keep it current: risk assessment, controls, safe design and use, and coordination where several employers are present.

Article 3

Arrange responsible supervision, competent staff and understandable instructions; notify the mining authority within 24 hours of fatal or serious accidents and the specified serious-danger situations, without replacing other required notifications.

Article 3

Prevent and combat fires and explosions and avoid explosive or harmful atmospheres according to the mine’s risks.

Article 4

Provide suitable escape and rescue equipment and keep it ready for emergencies.

Article 5

Offer health surveillance before assignment and periodically afterwards, based on risks and the Occupational Risk Prevention Law.

Article 8

History and versions

Initial publication: 07/10/1997 · Initial entry into force: 08/10/1997

BOE-A-1997-21178

The BOE record checked contains no subsequent relationships. This does not rule out complementary legislation or implied changes.

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.

Transitional provisions and application notes

  • Workplaces already used before 8 October 1997 had five years from that date to adapt. The adjustment period has ended.

    Transitional provision first
  • The second transitional provision preserves certain more favourable rules and agreements pending the implementing rules it mentions. Application requires identifying the subject and relevant implementing rules; the passage of time alone does not establish expiry.

    Transitional provision second

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 (8)

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

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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