Spain · National · Royal Decree

Royal Decree 3255/1983: risk prevention in the Miners’ Statute

In force, with corrections and subsequent implementing rules

Current official Spanish title: Real Decreto 3255/1983, de 21 de diciembre por el que se aprueba el Estatuto del Minero.

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

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 23

Provides 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 28

Workers 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 30

Regulates 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 32

History and versions

Initial publication: 04/01/1984 · Initial entry into force: 24/01/1984

BOE-A-1984-165

Published 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.

Publication: 04/01/1984 · Effective date: 24/01/1984

BOE-A-1984-165

Correction of 24 January 1984: rectifies several passages, including the scope in article 1 and preventive duty in article 23.

BOE-A-1984-1795

Correction of 4 February 1984: affects article 33(D) on committee membership.

Publication: 04/01/1984 · Effective date: 24/01/1984

BOE-A-1984-2934

Royal 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-1985-806

Order of 19 March 1986, published on 22 April 1986: implements chapter IV on safety and hygiene, particularly participation bodies.

BOE-A-1986-9859

Law 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-1995-24292
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

  • 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 first
  • The 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

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)
Subsequent references (4)

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. BOE-A-1984-165
  3. ELI identifier
  4. BOE-A-1984-1795
  5. BOE-A-1984-2934
  6. BOE-A-1985-806
  7. BOE-A-1986-9859
  8. BOE-A-1995-24292
  9. BOE-A-1995-24292

Official BOE sources consulted on 14 November 2026. Consolidation is informative and has no legal force; the official publication must be consulted for legal purposes. The history of the checked record is retained without claiming complete coverage of case law or implied amendments.

Sabentis editorial translation into English; it is not an official translation and does not replace the official 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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