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What it regulates
Final provision one strengthens protection for outdoor work and workplaces that cannot be enclosed. Adverse weather, task characteristics and individual circumstances must be assessed and effective measures taken, including adjusted hours or prohibition of specific tasks where necessary. This record excludes the instrument’s agricultural, tax, water and transport measures.
Who it applies to
Only final provision one, its effective date and parliamentary validation. The new additional provision in Royal Decree 486/1997 applies to all workplaces, including those excluded under its Article 1.2, subject to the conditions it establishes.
Key provisions
Deletes paragraph 5 of Annex III to Royal Decree 486/1997 and inserts an additional provision addressing environmental conditions in outdoor work.
Final provision firstAssessment must consider adverse weather, the task and personal characteristics or known biological condition. Measures are not determined solely by ambient temperature.
Final provision firstSpecific tasks must be prohibited during the affected hours where protection cannot otherwise be ensured. The provision also refers to Article 23 of Royal Decree 1561/1995.
Final provision firstWith an orange or red warning from AEMET or the competent regional service, working conditions must be adapted if earlier measures do not ensure protection, including reduced or changed working hours.
Final provision firstEntry into force was on 13 May 2023, the day after publication. The preventive provision should now be read alongside the consolidated text of Royal Decree 486/1997.
Final provision sixthHistory and versions
Initial publication: 12/05/2023 · Initial entry into force: 13/05/2023
BOE-A-2023-11187The prevention amendment was published on 12 May 2023 and entered into force on 13 May 2023. Parliamentary ratification was published on 9 June 2023; its correction of 6 July 2023 identified the ratifying body as Congress’s Permanent Deputation. It did not amend the prevention provision. Subsequent agricultural changes do not themselves change this OSH wording.
Text versions of the selected OSH provisions
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 12/05/2023 | 13/05/2023 | BOE-A-2023-11187 | Final Provision One, Final Provision Six |
Transitional provisions and application notes
An orange or red warning is not an automatic universal ban on work. The duty to adapt is linked to preventive measures being insufficient to ensure protection.
Final provision firstAction need not wait for an orange or red warning: paragraphs 1 and 2 already require protection against assessed risk and may require prohibiting tasks at specific times.
Final provision firstExtension to the workplaces in Article 1.2 concerns this additional provision. It does not automatically apply every other requirement of Royal Decree 486/1997 to each excluded sector.
Final provision firstThe subsequent amendment to Article 6 by Decree-law 5/2023 concerns agricultural measures; it is not a new version of OSH final provision one. A database update date must not be mistaken for a preventive-law amendment.
Final provision sixth
Official BOE legal relationships
The displayed history is limited to the selected OSH provisions. The BOE analysis also retains the relationships affecting other subjects in the legislation.
Consult the full BOE analysis
