The Ministry of Labor has launched for public hearing and information the draft bill with which it intends to update the Law on Prevention of Occupational Risks of 1995 and the Regulation of Prevention Services of 1997. Among the most notable novelties is a review of the catalog of prohibited activities for minors under 18, with the aim of adapting the regulations to occupational risks and scenarios that were not precisely included in the current regulation.
The reform modifies, at this point, a very old regulation that was still based on the Decree of July 26, 1957, on Industries and Works Prohibited to Women and Minors due to being Dangerous or Unhealthy. The change aims to replace that outdated framework with another linked to current occupational risk prevention and the new realities of the labor market.
Specifically, the draft bill establishes that minors may not work in jobs that involve exposure to acts or representations of a pornographic or violent nature. This prohibition is added to other banned activities, such as work in enclosures with ferocious or venomous animals, the industrial slaughter of animals, or those jobs where the pace is set by machines and the salary depends on the result.
The text also prevents minors from performing tasks that objectively exceed their “physical or psychological capacities”. In addition, it prohibits their participation in jobs with certain machinery, including circular saws, wood planers, locomotives, presses, and plastic and rubber molding machines, among others. The logic of the rule is twofold: to avoid both direct physical harm and exposure to contexts that may affect the minor's psychological development.
However, the draft bill foresees specific exceptions. These activities may only be carried out when they are part of training contracts under the Workers' Statute, are essential for acquiring the learning outcomes foreseen in the training plan, are developed under continuous supervision of a worker with basic level preventive training and all preventive measures derived from the risk assessment are applied. That is to say, a general door is not opened, but an exception linked to learning and subject to strict conditions.
To these limitations are added others already existing and that the text updates. Among them are the prohibition of work with exposure to radiation, toxic substances, carcinogenic and biological agents, the handling or use of explosives, mining, diving or maritime-fishing activities, work involving lifting and moving heavy loads, tasks in works with risk of falling from height or burial, activities in the steel industry and in shipbuilding, as well as work with electrical risks in high voltage.
The reform is not limited to child labor. The draft bill also modifies article 4 of the Workers' Statute to expressly include among labor rights that of "physical and moral integrity" and "protection against violence and any type of harassment". With this, Labor seeks to reinforce the preventive approach not only against accidents or dangerous substances, but also against psychosocial risks and situations of violence at work.
Another of the relevant novelties affects occupational health after long absences. The text obliges companies to establish, after prolonged absences due to health reasons, return-to-work procedures and, in certain cases, to update the worker's preventive training. Furthermore, the company must guarantee the monitoring of physical and mental health, through specific health tests and examinations at the beginning of the employment relationship, periodically and after these prolonged absences.
In the sanctioning field, the draft bill proposes changes to the Law on Infractions and Sanctions in the Social Order to better specify infractions regarding equality and non-discrimination and to clarify reductions for early payment. Specifically, it contemplates reductions of 40% of the fine when the sanction is exclusively economic, the responsible party pays before the resolution and waives the right to present actions, allegations or appeals through administrative channels. This reduction will not apply, among other cases, if there are accessory sanctions or if the infraction in risk prevention is causally linked to a work accident or an occupational disease.
The text arises from an agreement signed between Labor, CCOO and UGT, and also reinforces the role of labor representation in prevention. Prevention delegates will be able to count on an increase of 20% in their hourly credit, and union representatives must be consulted in the choice of the work accident mutual insurance company. Furthermore, the figure of the territorial prevention agent is created, designed to reinforce prevention in companies or centers without union representation, with a special impact on SMEs.
In the case of small businesses, the reform includes the bonus for mandatory prevention training for companies with fewer than 10 workers. It also establishes that prevention delegates must have, at a minimum, basic level training, adapted to the corresponding sector. It is a change aimed at further professionalizing the preventive function within workforces.
The draft bill similarly tightens the requirements for companies to internally assume prevention. It reduces to 300 people the general threshold for establishing own prevention services, and to 150 when dealing with dangerous activities. Furthermore, it limits to 10 the maximum number of workers for the employer to personally assume the preventive activity. With this, the Ministry aims to reinforce more solid and less informal preventive structures.
Fundamentally, the reform seeks a broader update of preventive regulations. The text wants to highlight risks whose presence has grown in recent years, such as those linked to psychosocial factors, to climate change, to remote work, and to deficiencies in terms of digital disconnection. It also incorporates the gender perspective, age, and generational diversity in preventive management and reinforces the protection of pregnant or breastfeeding workers.
According to the economic impact report included in the draft bill, Labor argues that this reform will reduce the economic and social costs associated with workplace accidents and will generate indirect positive effects on the productive system. That is, the Government presents the modification not only as an improvement in rights and protection, but also as a measure with a favorable economic impact.
