Occupational Risk Prevention for Spanish SMEs: A Practical Guide to Law 31/1995

What occupational risk prevention means

Law 31/1995 on Occupational Risk Prevention (LPRL) obliges every company, regardless of size, to guarantee the safety and health of its workers. It is not optional or a mere formality: it is a continuous duty of protection that falls on the employer.

Basic employer duties

• Assess the risks of each job and plan the preventive activity.
• Inform and train staff on the risks and the measures adopted.
• Provide personal protective equipment when needed.
• Monitor health through medical checks suited to the role.
• Prepare for emergencies with first-aid, fire-fighting and evacuation measures.

Risk assessment step by step

The assessment is the starting point. It involves identifying hazards, evaluating their likelihood and severity, and deciding the corrective measures. It must be reviewed when working conditions change, new equipment is introduced, or an accident occurs. In micro-firms of up to 25 workers without hazardous activities, the employer may personally take on prevention if they hold suitable training.

Without a documented risk assessment, a company cannot prove to the Labour Inspectorate that it has met its duty of protection.

Training: a requirement, not a cost

Article 19 of the LPRL requires theoretical and practical training, sufficient and appropriate, at the time of hiring and whenever duties change. Whenever possible, training should take place within working hours.

Psychosocial risks and their link with working time

Stress, workload and lack of rest are psychosocial risks the company must assess. Here prevention connects directly with the time record under Royal Decree-law 8/2019 and Article 34.9 of the Workers Statute: respecting working-time limits, breaks and the rest between shifts (a minimum of 12 hours) is itself a preventive measure. A reliable time record helps detect excessive hours that create psychosocial risk.

First steps for a small company

1. Decide who takes on prevention: the employer, a worker, or an external prevention service.
2. Carry out the initial risk assessment for each role.
3. Plan the measures and set deadlines and responsibilities.
4. Train and inform staff and keep documentary evidence.
5. Track working time to prevent fatigue and stress.

With RegulaKit you record working time and rest, making it easier to prove that you respect the legal limits that also protect health. To estimate the cost of non-compliance, use our penalty calculator.