Under Law 31/1995, amended by Law 54/2003, on the Prevention of Occupational Risks and its implementing legislation, employers must ensure the health and safety of their employees, which does not only mean complying with the legislation and remedying situations of risk, but also planning preventive action from the outset of their business activities and planning an ongoing action to perfect the existing protection levels. This includes the obligation to perform risk assessments, adopt measures in emergency cases, provide protective equipment and to ensure the health of employees, which includes ensuring that pregnant or breastfeeding women do not perform tasks which may put them or their unborn children/babies at risk.

All employers must have a prevention service to provide advice and assistance in prevention tasks, for which the employer should nominate one or more workers. In companies with fewer than six workers, this service may be provided directly by the employer, provided that it customarily performs its business at the workplace and has the necessary capacity for the purpose. It is also possible for a prevention service to be organized externally or outsourced. Prevention services are fully governed by Royal Decree 392/1997, implementing Law 31/1995.

The Prevention Delegates, as employee representatives with specific risk prevention duties, supervise, monitor and advise on any measure in this area. Furthermore, at companies with more than 50 employees, a Health and Safety Committee must be established and employers must consult this Committee regularly on employee health and safety procedures.

A failure to comply with these obligations may give rise to liability at administrative, labor, criminal and civil law. The Ministry of Labor and Social Affairs may impose substantial fines in the case of very serious infringements.

Apart from Law 54/2003, which amends Law 31/1995 and the Labor Infringements and Penalties Law and reforms the legislative framework for the prevention of occupational risks, bringing Spanish law into line with EU regulations on health and safety at work, the entry into force of Royal Decree 171/2004 in April 2004 should also be highlighted. The Royal Decree implements Article 24 of Law 31/1995 on the Prevention of Occupational Risks with regard to the coordination of business activities and also Royal Decree 2177/2004, which amends Royal Decree 1215/1997 establishing the minimum health and safety requirements for the use of work equipment by workers in temporary work at a height.

Increasingly stringent regulations on the prevention of occupational risks are being implemented in Spain and the EU to afford greater protection to workers.