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    Spain · National · Royal Decree

    Royal Decree 298/2009 · Pregnancy and breastfeeding in risk assessment

    Amending instrument not repealed according to the BOE record; consult the current receiving legislation

    Official title in the original Spanish publication: Real Decreto 298/2009, de 6 de marzo, por el que se modifica el Real Decreto 39/1997, de 17 de enero, por el que se aprueba el Reglamento de los Servicios de Prevención, en relación con la aplicación de medidas para promover la mejora de la seguridad y de la salud en el trabajo de la trabajadora embarazada, que haya dado a luz o en período de lactancia.

    Original publication and analysisELI 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

    It amended the Prevention Services Regulation by adding lists of agents, processes and conditions relevant to the safety and health of pregnant workers, workers who have recently given birth and breastfeeding workers.

    Who it applies to

    Risk assessment and maternity protection in conjunction with Article 26 of the LPRL. The lists and protective measures require assessment of the actual work and exposure.

    Key provisions

    It required job assessments to consider agents and conditions capable of adversely affecting the worker, the foetus or the breastfed child.

    Sole article: Article 4(1) of the Regulation

    It supplied a non-exhaustive list of agents, processes and conditions that may be harmful. Absence from the list does not establish that an exposure is safe.

    Added Annex VII

    It identified agents and conditions for which exposure risk is prohibited in the specified circumstances. Read it with job adaptation and the other protective steps in Article 26 of the LPRL.

    Added Annex VIII

    History and versions

    Initial publication: 07/03/2009 · Initial entry into force: 08/03/2009

    BOE-A-2009-3905

    Published on 7 March 2009 and effective from 8 March 2009. It added Annexes VII and VIII and amended Article 4(1) of the Regulation. Royal Decree 598/2015 subsequently updated both annexes, so the original 2009 lists are not the complete current version.

    Published on 7 March 2009 and effective from 8 March 2009. It added Annexes VII and VIII and amended Article 4(1) of the Regulation. Royal Decree 598/2015 subsequently updated both annexes, so the original 2009 lists are not the complete current version.

    Publication: 07/03/2009 · Effective date: 08/03/2009

    BOE-A-2009-3905

    This instrument’s amendments are incorporated into Royal Decree 39/1997 · Prevention services regulations. The latest published wording of the receiving text checked is dated 2025-10-17; that date belongs to the receiving instrument and is not a new publication of this amending instrument.

    BOE-A-1997-1853
    Incorporation of this amendment into consolidated receiving texts

    The table identifies where this amendment was incorporated. Dates refer to its versions in each receiving text, not a complete history of subsequent amendments to that text.

    PublicationEffective dateOfficial referenceReceiving textAffected provisions
    07/03/200908/03/2009BOE-A-2009-3905Royal Decree 39/1997 · Prevention services regulationsArticle 4, Annex VII, Annex VIII

    Transitional provisions and application notes

    • Do not equate the mere presence of a substance with an automatic conclusion about a job: assess the agent, nature and degree of exposure and the protected circumstances.

      Individual assessment

    • Consult current Article 26 of the LPRL and the Regulation’s annexes. This amending instrument alone does not establish the entire reassignment or risk-benefit procedure.

      Current legislation

    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 (3)

    Official sources

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

    Sources for the amending instrument

    1. Original publication and analysis
    2. ELI identifier

    The BOE provides no separate consolidated text for this amending instrument. Its original publication and the receiving texts are linked so that the current wording can be consulted.

    Consolidated receiving texts

    1. Royal Decree 39/1997 · Prevention services regulations

    Official BOE sources consulted on 14 November 2026. This amending instrument should be read together with the current receiving legislation. Consolidation is for information; consult the official publication for legal purposes.

    Sabentis editorial summary. The official title and legal sources are retained in Spanish. This is not an official English translation and does not replace the legal text.

    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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