Legislation and Standards
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Legal frame and regulations settling the most technical aspects in the prevention of Risks at Work, as well as other legislative contents related with the matter. Legislation and regulationAutonomous Community legislation StandardsThe standardization as a regulator frame The certification in Health and Safety Guidelines, Protocols and Technical InstructionsAccreditationLegislation and regulationNational legislationThe Prevention of Risks at Work Act (Available in English) is the mainstay of the politics's of prevention of Risks at Work. The Law settles in the constitutional command content in the article 40.2 of the Constitution (Available in English) and in the European juridical wealth on protection of the health of the workers. Next to it, the contracted commitments with the International Labour Organization enrich the content of the legal text. The Law intends the determination of the basic body of guarantees and responsibilities to establish an appropriate level of protection of the health of the workers in front of the derived risks of the work conditions. National Institute of Safety and Hygiene at Work (INSHT) (Available in English): entire legislative texts (Available in English) of the Prevention of Risks at Work Act, the derived standards and other, in the website of the INSHT. The Ministry of Science and Technology: Searcher of Industrial Legislation, The MCYT also allows to consult legal texts and jurisprudence through its database BRISA (Relational Data Base of the Industry and Environmental Services). The Ministry of Public Works: it regulates the transport of dangerous goods by road so much as for sea. Ministry of the Environment: legislation and jurisprudence in environmental matter and the normative and administration instruments as regards residuals. The Ministry of Health and consumer affairs: Basic approaches for the approval of the sanitary activity of the services of prevention, minimum Group of data that the services of prevention should remit to the health administrations The Office of Correspondence of the ILO in Madrid publishes the agreements ratified by Spain Autonomous Community legislationThe Spanish Constitution, in their article 149.1.7º (Available in English), reserves to the State the exclusive competence as regards labour legislation, without damage of their execution by the organs of the Autonomous Communities. However, they can, in certain measure, regulate other environments that impact on the Health and Safety, as the health and Consumer affairs. If you wants to consult these aspects you goes to the corresponding Autonomous Community through their respective websites:
The National Commission for Health and Safety at Work publish list of regulations in OSH in Autonomous Communities in PDF format On the other hand you can go to the Official Gazettes through the following addresses:
Boletín Oficial del Estado, Autonomous Community of Andalusia, Autonomous Community of Aragón, Autonomous Community of Asturias, Autonomous Community of the Balearic Islands, Autonomous Community of the Canary Islands , Autonomous Community of Cantabria, Autonomous Community of Castile-La Mancha, Autonomous Community of Castile and León, Autonomous Community of Catalonia, Autonomous Community of Extremadura, Autonomous Community of Galicia, Autonomous Community of La Rioja, Autonomous Community of Madrid, Autonomous Community of Murcia, Autonomous Community of Navarre, Autonomous Community of Valencia, Autonomous Community Basque Local legislationFor the same reason that the Autonomous Communities, the local corporations (City councils and other local entities), they don't have normative capacity in the field of the labour legislation but, also these can regulate matters framed in the field of the Health and Safety at Work. It is the case, for example, of the normative on fires. Through Ministry of Public Administration you can consult the websites of Town council and County council offices and Councils. Normalization / CertificationTechnical Normative non binding summarizing methods and evaluation approaches that should be applied when the evaluation of risks demands to carry out mensurations, analysis or tests and the normative legal doesn't indicate the methods that should be used or when the contemplated evaluation approaches should be interpreted by the light of other approaches of technical character. The normalization as a frameA norm is a technical specification of repetitive or continuous application whose observance is not obligatory, established with participation and the of all the interested parts, approved by accepted organism in national and international scale for its normative activity. In the case of Spain it is AENOR the normalization organism (Law 21/1992, of July 16, of Industry). AENOR (Spanish Association of Normalization and Certification) it publishes norms UNE of different origin. Of national initiative, coming from European norms EN (whose execution gives presumption of conformity with the communitary directive corresponding), or also coming from norms and international normative documents ISO. Still not being of forced execution, they guide the makers, importers, distributors, etc. on the minimum requirements that should fulfil the products or services to guarantee the Safety and the user's health. In AENOR there is the committee 81 on Prevention and Means of Personal and Collective Protection at Work and whose secretary INSHT has. The committee 81comprises 6 subcommittees about the following topics: Collective protection, Safety of the Machines, Risks of Chemical Agents, Ergonomics and Vibrations and Crashes. If you want to consult the norms UNE related with this committee 81 you can make it through the web of AENOR. On the other hand, the INSHT it participates in diverse international organisms as the CEN / CENELEC AND ISO / CEI The execution of the norm contributes the professionals with the prevention information about the level of reliability and quality of the good or service. The certification in Health and SafetyTo certify a product is to verify that their properties and characteristics agree with the applicable norms and technical specifications. The National Agency of Accreditation, (ENAC) it has credited to the National Institute of Safety and Hygiene at Work to certify machinery and Personal Protective Equipment (Available in English) equipment, according to any directive community, and collective protection equipments (Available in English) in their Centres of Vizcaya (National Centre of Verification of Machinery) and of Seville (National Centre for Protective Equipments). Guides, protocols and technical instructionsThe Regulation of the Prevention Services of Prevention, in their article fifth, settles down that when the evaluation demands mensurations, analysis or tests and the normative doesn't indicate or sum up the methods that should be used, they will be been able to use the methods or approaches, if they exist, summarized in: Guidelines of the National Institute of Safety and Hygiene at Work (Available in English) Guidelines and protocols of the Ministry of Health and Consumer Affairs Guidelines of competent Institutions of the Autonomous Communities In absence of the previous ones or of norms UNE or international ones they will be been able to use guides of other accepted entities in the field or other methods or professional approaches that fulfill the section 2 of the previously mentioned article. In this line the National Commission of Health and Safety at Work a Working group has been created to establish the list of Spanish values limit for chemical substances. AccreditationExternal prevention services and auditors (Rules of the Services of Prevention (Available in English) provides in their preamble: "The suitability of the preventive activity that, as a result of the evaluation, the employer must adopt, it is guaranteed through the double mechanism that is regulated in the present disposition: on the one hand, the accreditation by the labour Authority of the external Services of Prevention, as a way for guaranteeing the adaptation of their means to the activities that will develop and, on the other hand, the audit or external evaluation of the system of prevention, when this activity is assumed by the employer with its own means. ") Other external prevention services:
Auditors:
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