Criteria of the Labor Inspection against Coronavirus

On March 18, the Directorate of the State Organization Labor and Social Security Inspection (ITSS) has published the document: “Operational Criterion No. 102/2020 on measures and actions of the Labor and Social Security Inspection related to situations derived from the new Coronavirus (SARS-CoV-2)”.

The document refers to the different risk scenarios in which the workers included in the document may find themselves: “Acting procedure for occupational risk prevention services against exposure to the new coronavirus (SARS-CoV-2)” developed by the Ministry of Health and that due to the exceptional circumstances we are experiencing, it is under permanent review.

Applicable regulations

As for health regulations, it refers to the Organic Law 3/1986, of April 14, on public health measures and the technical documents published by the Ministry of Health and that are under continuous review based on the evaluation and new information that becomes available. For the purposes of this ITSS criterion, the technical documents of the Ministry of Health are mandatory. 

Occupational health and safety standards applicable to occupations with risk of exposure

All applicable general regulations are listed (Occupational Risk Prevention Law and Prevention Services Regulation) and the minimum provisions for protective equipment, places of work, pvds, etc.) and especially highlights the Royal Decree 664/1997 of May 12, on the protection of workers against exposure to biological agents during work.

Company actions

The actions of companies in the current situation are established, distinguishing between:

Jobs in which there is a risk of professional exposure to SARS-CoV-2.

• For these companies, Royal Decree 664/1997, of May 12, on the protection of workers, in addition to the rest of the regulations on safety and health at work, applies. 
• They fundamentally refer to healthcare services (including those carried out in isolation, transfers, cleaning tasks, cooking, waste disposal, sanitary transport, etc.), laboratories and funeral work.
• Companies must evaluate the risk of exposure to the new Coronavirus and follow the recommendations issued by the prevention service on this matter, also following the guidelines and recommendations formulated by the health authorities. 
• However, a literal application of Art. 4.2 of Royal Decree 664/1997 should not be carried out, and it is not necessary to review the evaluation every time an infection or disease occurs. 

Jobs that do not involve risk of professional exposure to SARS-CoV-2.

• HTMLTAG149___The different security measures approved by the Ministry of Health and that may be published from now on, are mandatory. Specifically, it reiterates the reference to the Procedure for action for occupational risk prevention services against exposure to the new Coronavirus already mentioned above.
• Likewise, the measures established by the government regarding teleworking should be applied whenever possible. 
• Review and update of plans for continuity of work activity in the event of emergencies, flexible hours and proposing staggered shifts to reduce concentrations of workers, as well as favoring meetings by videoconference.

Labor inspection actions

Regarding the measures to be adopted by companies, the previous distinction between companies with occupational exposure to Coronavirus and other companies is maintained.

In companies that carry out activities in which infection by biological agents may constitute an occupational risk, the Labor and Social Security Inspection will act in accordance with common criteria.

In the rest of the companies, the following procedure must be followed, in response to complaints or communications that may be presented:

• Checking compliance with the occupational risk prevention regulations listed above, applicable to ordinary occupational risks. 
• Once the verification actions are completed, the following procedure will be followed:
  • If there are non-compliance with the Occupational Risk Prevention regulations, the procedure will be followed in accordance with the common criteria. 
  • If there are non-compliance with the measures established by the health authorities, those responsible for the company will be informed of the measures established by the health authorities and warned of the obligation to apply them.

At Fraternidad-Muprespa we work to reduce the accident rate of our mutual members and disseminate a culture of prevention and to For this reason, we have our web portal dedicated to the prevention of occupational risks and the development of a culture of health Previene where you can find interesting informative material with entertaining and specialized content. Great support to help you in the information and awareness work of your workers with news, brochures and infographics, videos or good practice manuals that we encourage you to consult.