Royal Decree 928/1998 · Employment and occupational safety penalty procedure

What it regulates

Regulates the administrative procedure for social-order penalties and other proceedings. For occupational risk prevention, it details infringement reports, evidence, objections, decisions and cooperation by authorised technical officials.

Who it applies to

Penalty proceedings before the competent administration, including occupational risk prevention. The regulation also covers social-security contribution assessments and other matters not developed here; it does not replace the special corrective-measures procedure for certain public administrations.

Key provisions

History and versions

Law 3/2023 repealed Article 19. Royal Decree 772/2011 repealed the original sole additional provision, amended several provisions and added Articles 18 bis and 37 bis. Royal Decree 1011/2023 amended Articles 1 and 22 and added a new sole additional provision, effective from 6 March 2024. Royal Decree 608/2023 amended Article 4(1)(a)(2). Royal Decree 688/2021 amended several provisions and added Chapter IX, effective from 1 January 2022. Royal Decree 1078/2017 amended Articles 9, 11 and 12. Royal Decree-law 5/2013 amended Article 4(1); the later constitutional judgment is recorded separately. Royal Decree-law 1/2013 amended Article 4(1)(a). Law 13/2012 amended Articles 4(1), 8(2) and 34(2). Royal Decree 1541/2011 amended the heading of Chapter VII and added Article 38 bis. Royal Decree 103/2010 amended Articles 8(2), 11, 25(1) and 32(1). Royal Decree 689/2005 added Chapter VIII on authorised occupational risk prevention technicians. The “VIIII” wording in the BOE relationship is corrected to the chapter numbering in the legislative text. Error correction published in BOE No. 151 of 25 June 1998. The Resolution of 23 June 1998 approved forms for reports and proposed contribution assessments under Article 29(4). Royal Decree 1125/2001 established the time limits referred to in Articles 20(3) and 33(2). Constitutional Court Judgment 61/2018 of 7 June, in case 3688/2013, declared Article 4(1)(a), as amended by Royal Decree-law 5/2013, unconstitutional and void in the terms of legal ground 11. Constitutional Court Judgment 51/2006 of 16 February, in jurisdictional dispute 4464/1998, held that Article 18(3) infringed Catalonia’s powers in the terms of legal ground 7. This delimits the provision rather than declaring the entire regulation void. The Supreme Court judgment of 21 July 2000 annulled the specified part of Article 33(3).

Transitional provisions and application notes

• The sole transitional provision preserves earlier rules for proceedings begun before 4 June 1998 and contains historical adjustments to appeals and allocation of powers. It must not be used to describe the current administrative organisation.

  Transitional provision sole

• Royal Decree 928/1998 repealed Royal Decree 396/1996. This former penalty-procedure regulation must not be confused with Royal Decree 396/2006 on asbestos.

  Repealing provision sole

• The 40% reduction in Article 14(6) requires an exclusively financial penalty, timely payment before the decision and the administrative waiver, with additional rules for multiple parties. This route does not apply to reports accompanied by contribution assessments for the same facts.

  Article 14

• Article 19 was repealed in 2023; the original additional provision on assumption of powers was also repealed in 2011. The new additional provision on large-volume reports, effective from 6 March 2024, is a different provision.

  Article 19

• Read Article 18(3) with the allocation-of-powers ruling in Constitutional Court Judgment 51/2006. The XML associates that version with BOE-A-2006-4765, whereas the official judgment and article note use BOE-T-2006-4765; this discrepancy is preserved and documented.

  Article 18

• The amendment on electronic processing, time limits and communications applies from 6 March 2024, subject to its exceptions. Distinguish that date from publication of the amendment on 6 December 2023.

  Article 22

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.

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
4. BOE-A-2005-10624
5. BOE-T-2006-4765

Based on data from Spain’s Official State Gazette (BOE). Consolidated text is informational: consult the official publication for legal purposes. Every subsequent relationship in the retrieved BOE record is retained, including those outside the health and safety summary. The record does not guarantee all judgments or implied changes; each relationship is distinguished from commencement of its provisions.

Source issues: the XML assigns the 2006 version of Article 18 to BOE-A-2006-4765, whereas the note and official judgment identify BOE-T-2006-4765. The table shows the incorrect ID and links to the correct judgment. The relationship for Royal Decree 689/2005 says Chapter VIIII; the official text confirms Chapter VIII. The original data are preserved in the evidence file.

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