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What it regulates
The Miners’ Statute incorporates safety, hygiene and preventive medicine into employers’ duties and provides specific participation arrangements for mining workers. Chapter IV covers prevention at source, investigation of harm, information, training, health surveillance and serious and imminent danger, alongside mining safety committees and delegates. It is a mixed labour instrument: this entry develops its OSH content and retains historical links without making retirement or financial employment conditions its main subject.
Who it applies to
Spain. Employment relationships in businesses exploiting mineral deposits and geological resources, including mining exploration, within article 1. It covers direct operations, contractors, subcontractors and auxiliary businesses, and underground and surface personnel; unrelated business activities are not included merely because the employer also undertakes mining.
Key provisions
Prevention forms part of working conditions and the employer’s duty. Risk elimination at source and collective protection take priority; occupational accidents and diseases require investigation of causes and review of preventive measures where necessary.
Article 23Provides for preventive medicine and risk-related examinations, together with initial and continuing information and training and training after changes in jobs or methods. Health surveillance must be applied consistently with article 22 of the Occupational Risk Prevention Act and its confidentiality and proportionality safeguards.
Article 28Workers must report serious and imminent danger. Article 30 protects against disciplinary action and loss of pay when stopping work is shown to be reasonable, without displacing other work-stoppage rules; preventive participation takes place through specialised bodies or, failing these, legal worker representatives.
Article 30Regulates safety and hygiene committees and mining safety delegates. Article 33 requires a committee in mines or processing facilities with at least 50 workers; articles 35 and 40 detail consultation, investigation, inspection visits and preventive proposals. The implementing Order of 19 March 1986 must also be consulted.
Article 32History and versions
Initial publication: 04/01/1984 · Initial entry into force: 24/01/1984
BOE-A-1984-165Published on 4 January 1984 and in force from 24 January 1984. Corrections published on 24 January and 4 February 1984 must be read with the text. Royal Decree 2366/1984 implemented lower retirement ages for certain groups, a connection retained as part of the history of this mixed instrument. The Order of 19 March 1986 implemented preventive chapter IV. The express preservation of that chapter in the Occupational Risk Prevention Act must be considered even though it is not among the Statute record’s four subsequent relationships.
Royal Decree 3255/1983 of 21 December: published 4 January 1984, in force 24 January 1984.
BOE-A-1984-165Correction of 24 January 1984: rectifies several passages, including the scope in article 1 and preventive duty in article 23.
BOE-A-1984-1795Correction of 4 February 1984: affects article 33(D) on committee membership.
BOE-A-1984-2934Royal Decree 2366/1984 of 26 December, published on 15 January 1985: lower retirement ages for certain mining groups; a historical relationship outside this entry’s core preventive subject.
BOE-A-1985-806Order of 19 March 1986, published on 22 April 1986: implements chapter IV on safety and hygiene, particularly participation bodies.
BOE-A-1986-9859Law 31/1995: its repealing provision preserves the specific rules of chapter IV and their implementation. Verified supplementary reference, not a subsequent relationship listed in the Statute record.
BOE-A-1995-24292All text versions recorded by the BOE
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 04/01/1984 | 24/01/1984 | BOE-A-1984-165 | Preamble, Chapter One, Article 1, Section One, Article 2, Section Two, Article 3, Article 4, Article 5, Article 6, Article 7, Article 8, Article 9, Section Three, Article 10, Section Four, Article 11, Article 12, Article 13, Article 14, Article 15, Chapter II, Article 16, Article 17, Article 18, Article 19, Chapter III, Article 20, Article 21, Article 22, Chapter IV, Section One, Article 23, Article 24, Article 25, Article 26, Article 27, Article 28, Article 29, Article 30, Article 31, Section Two, Article 32, Article 33, Article 34, Article 35, Article 36, Article 37, Article 38, Article 39, Article 40, Article 41, Article 42, Additional provision first, Additional provision second, Additional provision third, Transitional provision first, Transitional provision second, Final provision first, Final provision second, Signature |
| 04/01/1984 | 24/01/1984 | BOE-A-1984-2934 | Introductory note |
Transitional provisions and application notes
The phased implementation schedules for working time and rest relate to 1984–1986 and have elapsed. They are retained as history, not as new adjustment periods or a substitute for checking currently applicable labour and collective-agreement rules.
Transitional provision firstThe Occupational Risk Prevention Act preserves the specific provisions of chapter IV of the Miners’ Statute and its implementing rules. It must not be treated as fully repealed merely because it predates 1995; nor should old labour-law cross-references be applied without checking their interaction with later legislation.
Official reference
Official BOE legal relationships
Earlier references (8)
- In accordance with · BOE-A-1980-25462
- In accordance with · BOE-A-1977-461
- Cites · BOE-A-1981-19465
- Cites · BOE-A-1980-5683
- Cites · BOE-A-1979-13577
- Cites · BOE-A-1974-1165
- Cites · BOE-A-1973-1018
- Cites · BOE-A-1973-282
Subsequent references (4)
- Correction of errors · BOE-A-1984-2934
- Correction of errors · BOE-A-1984-1795
- Implemented by · BOE-A-1986-9859
- Instrument issued under this legislation · BOE-A-1985-806
