Occupational risk

What is an occupational risk?

The Spanish legal definition combines two ideas: the possibility of suffering harm and the work-related origin of that harm. Law 31/1995 defines work-related injuries as illnesses, pathologies, or injuries suffered as a result of or in connection with work.

To assess a risk, two variables are evaluated together: the probability of the harm occurring and its severity. A rare risk with serious consequences may require the same attention as a common, minor one.

In Europe, EU-OSHA describes risk as the probability, high or low, that someone will be harmed by a hazard. The idea is the same: risk measures possibility and severity; it is not the object or situation that causes it.

Differences between hazard, risk and harm

The three terms are often confused, and that confusion affects the quality of the assessments.

• Hazard. Source, situation or act with the potential to cause harm: a machine with accessible moving parts, an irritating chemical, or a platform without a guardrail.
• Risk. A combination of the probability that a hazard will cause harm and the severity of that harm. The same hazard generates different risks depending on exposure, protective measures, and work organization.
• Damage. Materialized consequence: an injury, illness or pathology suffered as a result of or in connection with work.

A simple rule: danger exists even if no one is exposed; risk appears with exposure; harm is what prevention seeks to avoid.

How to identify and evaluate

Risk assessment is the process of estimating the magnitude of unavoidable risks in order to decide whether and what type of preventive measures are necessary. This is how it is defined in Article 3 of the Regulations for Prevention Services .

In practice, the process follows these phases:

1. Identify the hazards present in each position, task, or workplace.
2. Determine who may be harmed and how, including particularly sensitive individuals.
3. Estimate risk by combining probability and severity.
4. Assess whether the risk is tolerable or requires action, and prioritize accordingly.
5. Plan the measures, implement them, and verify their effectiveness.
6. Document the outcome and review the assessment when conditions change, damage occurs, or regulations require it.

The INSST publishes basic guidelines for carrying out this assessment and reference methods for specific risks. Whatever method is used, the procedure must inspire confidence in its result and, in case of doubt, the most favorable measures for prevention are adopted (Regulations for Prevention Services, Article 5).

Common types of occupational risks

A practical classification groups risks according to the agent or condition that causes them:

• Safety risks. Falls on the same or different level, blows, cuts, entrapments, electrical contacts and fires.
• Hygiene risks. Exposure to chemical, physical (noise, vibrations, radiation, extreme temperatures) and biological agents.
• Ergonomic risks. Manual handling of loads , awkward postures, repetitive movements, and working with screens.
• Psychosocial risks. Mental workload, work pace, lack of autonomy, conflicts, violence or harassment.
• Organizational risks. Shifts, night work, working alone , and coordination of business activities.

A single job often combines several types, and specific evaluations, such as psychosocial or ergonomic assessments, complete the overall evaluation.

How to control a workplace risk

Article 15 of Law 31/1995 establishes the principles of preventive action, which function as an order of priority:

1. Avoid risks.
2. Evaluate the risks that cannot be avoided.
3. Combat risks at their source.
4. Adapt the work to the person.
5. Take into account the evolution of the technique.
6. Replace what is dangerous with what involves little or no danger.
7. Plan prevention in an integrated way.
8. Prioritize collective protection over individual protection.
9. Give the workers the necessary instructions.

The resulting measures are included in the preventive activity plan, with deadlines, responsible parties, and resources. Their effectiveness is verified, and if damage occurs or conditions change, the assessment is reviewed.

When the risk is serious and imminent, the law provides that the company must inform, take measures and, if necessary, interrupt the activity; workers may interrupt their activity and leave the workplace (Law 31/1995, article 21).

Regulatory framework in Spain

• Law 31/1995, of November 8, on Occupational Risk Prevention. It defines occupational risk and work-related injuries (Article 4), recognizes the right to protection (Article 14), establishes the principles of preventive action (Article 15), and requires a prevention plan, risk assessment, and planning of preventive activities (Article 16). It transposes Framework Directive 89/391/EEC.
• Royal Decree 39/1997, of January 17, Regulation of Prevention Services. It regulates the definition, content, procedure, review and documentation of the risk assessment (articles 3 to 7).
• Specific regulations. Royal decrees on workplaces, work equipment, chemical agents, noise, manual handling of loads or display screens specify the assessment and control of specific risks.
• Other areas. In Latin America, the concepts are equivalent, but the terminology and obligations vary by country. This sheet describes the Spanish framework.

In 2026, a draft bill to amend Law 31/1995 was presented. Until it is approved and published in the Official State Gazette (BOE), the applicable framework is the current consolidated text.