On 8 September, the Labour and Social Security Inspectorate published Technical Criteria no. 103/2020 on the actions to be carried out by this body in relation to prevention and hygiene measures to deal with the health crisis caused by Covid-19 in workplaces.
The Labour and Social Security Inspectorate has recently published a technical criterion indicating the actions to be carried out to control that companies adopt prevention and hygiene measures to deal with the health crisis caused by COVID-19.
In summary, based on the measures provided for in article 7.1 of Royal Decree-Law 21/2020, this body will monitor compliance and the correct and sufficient adoption of preventive measures in companies and workplaces, focusing on the following sections:
Article 7.1.a): ‘Adopt ventilation, cleaning and disinfection measures appropriate to the characteristics and intensity of use of workplaces, in accordance with the protocols established in each case’.
Article 7.1.b): “Make soap and water, or hydroalcoholic gels or disinfectants with virucidal activity, authorised and registered by the Ministry of Health, available to workers for hand cleaning”
Article 7.1.c): “Adapt working conditions, including the arrangement of workstations and the organisation of shifts, as well as the use of common areas in such a way as to ensure that a minimum interpersonal safety distance of 1.5 metres is maintained between workers. Where this is not possible, workers shall be provided with protective equipment appropriate to the level of risk”
Article 7.1.d): “Adopt measures to avoid the mass coincidence of people, both workers and clients or users, in workplaces during the time slots with the greatest foreseeable influx of people”.
In the exercise of this special authorisation, the officials involved shall carry out their activities in the ordinary way, giving priority to verification actions to be carried out preferably by means of visits to work places and accommodation, given the need for personal and direct verification by the officials involved of the adoption and implementation of these measures. Furthermore, given the nature of the action to be carried out, and the convenience of having as much information as possible, the acting officials shall request the presence of the workers’ representatives during the verification.
With regard to possible non-compliance in this area, Criterion no. 103/2020 establishes that a warning may be issued initially instead of initiating the sanctioning procedure, when the circumstances of the case make this advisable, and provided that no direct harm is caused to the workers.
In the event of an extension of the infringement report for serious non-compliance or failure to comply with the required requirements, Article 31.5 of Royal Decree-Law 21/2020 establishes that the infringement involving non-compliance by the employer with the obligations referred to in section 1 of the same article “shall be punishable under the terms, by the bodies and with the procedure established for serious infringements in matters of occupational risk prevention by the revised text of the Law on infringements and penalties in the social order, approved by Royal Legislative Decree 5/2000 of 4 August”.
For these purposes, and in relation to the establishment of the graduation of the sanction, taking into account that the infringement is assimilated to serious infringements in matters of occupational risk prevention, the following amounts would be established:
In its minimum degree, from 2,046 to 8,195 euros; in its medium degree, from 8,196 to 20,490 euros; and in its maximum degree, from 20,491 to 40,985 euros.
The AddVANTE Labour Management Department remains at your disposal for further information or to resolve any queries that may arise in relation to this article.