Draft Law for the modification of the Law on Prevention of Occupational Risks

Recently the Ministry of Labor and Social Economy has opened the public consultation process prior to the preparation of the Draft Law for the modification of the Law and Regulation of Prevention Services, approved by Royal Decree 39/1997, of January 17, with the public consultation period open until January 23, 2026.

In the technical document attached to The consultation presented by the Ministry indicates some of the reasons that the new norm is intended to solve given that s although the Occupational Risk Prevention Law gave rise to important advances in the Spanish preventive culture, the experience obtained since its approval more than 30 years ago has revealed certain application problems that need to be addressed. The above, together with the changes that are occurring in the economy, demographics, work patterns and society in general, require the intervention of public powers, promoting effective measures to combat workplace accidents and to anticipate, to the extent possible, emerging risks that could lead to the lack of protection of workers. 

The Spanish Occupational Health and Safety Strategy 2023-2027 points to new economic and social trends and the digital and climate transition, as generators of new or emerging risks that affect the safety and health of workers. Technological advances, in addition to creating new opportunities and solutions that contribute to the health and well-being of workers and companies, also pose important challenges due to the increase in irregularity in terms of where and how work is performed; as well as the risks related to new tools and machinery and the digitalization of organizations.

Regulatory standards must respond to the new health and safety conditions that exist in organizations and those that may appear, guaranteeing regulatory adaptation to respond effectively to the transformation of work environments.