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What it regulates
It amends the Prevention Services Regulation on employers personally undertaking prevention and on external services’ resources, accreditation, continuing requirements and registers. The record identifies the 2015 changes and links to the current articles of Royal Decree 39/1997. Accreditation does not remove the duty to maintain the resources and capacity needed for contracted services.
Who it applies to
Sole article and its effects on Articles 11, 18, 23 and 25–28 of the Prevention Services Regulation. The amending instrument is distinguished from the current regulation; this is not a complete account of every form of preventive organisation.
Key provisions
The amendment to Article 11.1.a permits personal assumption by the employer in businesses with up to 10 workers, or up to 25 at a single workplace. All other article requirements still apply and health surveillance is excluded.
Article 11External services must cover all four preventive disciplines and have resources suited to the nature, extent and frequency of services, activities and workplaces covered. Accreditation does not imply unlimited capacity.
Article 18The application must identify the activity, intended sectors, businesses and workers, staff, premises and equipment. It also requires a commitment to insurance or an equivalent financial guarantee under Article 23.
Article 23Accreditation combines labour-authority action and health-authority approval, with reports on facilities and resources in the affected territories. Inter-authority coordination forms part of the procedure.
Article 25Requirements must be maintained at all times. Changes that may affect them must be reported through the registers within 10 days; breaches may lead to suspension or revocation through the prescribed procedure.
Article 26Registers must support public consultation, reporting by accredited entities and access by competent authorities. Data are incorporated into a general database without removing regional functions.
Article 28History and versions
Initial publication: 10/10/2015 · Initial entry into force: 11/10/2015
BOE-A-2015-10926Published on 10 October 2015 and in force from 11 October 2015. Its changes are identified in seven articles of Royal Decree 39/1997. Those provisions retain the version published on 10 October 2015 in the checked source, although the regulation as a whole has later amendments. The original amending instrument and its receiving text are linked separately.
Sole article: amends Articles 11, 18, 23 and 25–28 of the regulation. Publication and effect dates are 10 and 11 October 2015.
BOE-A-2015-10926Receiving text checked: the seven versions are attributed to Royal Decree 899/2015. Later changes elsewhere in the regulation are not presented as new versions of this amendment.
BOE-A-1997-1853Text versions incorporated into the receiving legislation
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 10/10/2015 | 11/10/2015 | BOE-A-2015-10926 | Article 11, Article 18, Article 23, Article 25, Article 26, Article 27, Article 28 |
Transitional provisions and application notes
Workforce size is not the only condition for personal assumption: the activity must be outside Annex I, and regular workplace presence and competence must be checked. Unassumed functions require another organisational arrangement.
Article 11Labour accreditation does not replace health authorisations required for premises and facilities. Reporting and continuing-compliance duties remain applicable.
Article 25Revocation requires the prescribed procedure and an opportunity to be heard. A detected deficiency is not treated here as automatic revocation or as a substitute for the competent authority’s decision.
Article 27
Official BOE legal relationships
Earlier references (3)
- Amends · BOE-A-1997-1853
- In accordance with · BOE-A-2013-12888
- In accordance with · BOE-A-1995-24292
