Prevention in the new remote work law

On July 10, the Law 10/2021 of July 9, on remote work, which defines this model as the form of organizing work or carrying out work activity in accordance with which it is provided at the worker's home or in the place chosen by him, during all or part of his day, on a regular basis.

Teleworking is also considered as remote work that is carried out through the exclusive or prevalent use of computer, telematics and telecommunications means and systems. 

Regarding to occupational health and safety, article 15 must be observed, which deals with the application of preventive regulations in remote work, stating that people who work remotely have the right to adequate protection in terms of safety and health at work, in accordance with the provisions of Law 31/1995 of 8 November, occupational risk prevention, and its implementing regulations.

For its part, article 16 deals with therisk assessment and planning of preventive activity and details the following:

• The risk assessment and planning of the preventive activity of remote work must take into account the characteristic risks of this type of work, paying special attention to the psychosocial, ergonomic and organizational factors and accessibility of the effective work environment.
• In particular, the distribution of the day, availability times and the guarantee of breaks and disconnections during the day must be taken into account. The risk assessment must only cover the area authorized for the provision of services, not extending to the rest of the areas of the home or the place chosen for the development of remote work.
• The company must obtain all the information about the risks to which the person working remotely is exposed through a methodology that offers confidence regarding its results, and provide the protection measures that are most appropriate in each case. 
• When obtaining said information requires a visit by someone with powers in preventive matters to the place where, in accordance with the agreement referred to in article 7, remote work is carried out, a written report must be issued that justifies this point and will be delivered to the worker and the prevention delegates. The aforementioned visit will require, in any case, the permission of the worker, whether it is his or her home or that of a third natural person.

HTMLTAG35___Fraternidad-Muprespa has prepared a specific section dedicated to Coronavirus on its web portal Previene with all the information of interest related to the prevention of occupational risks and health care in the context of the pandemic that we are experiencing and specifically we have a specific section with information related to teleworking that we encourage you to consult here.