Should the Self-Employed have PRL?

22/11/21 

Applying occupational risk prevention is as mandatory as it is necessary. The self-employed with workers in their charge must comply with Law 31/1995 that imposes a series of requirements for them. If they do not comply, the self-employed can put the health of their workers at risk and face penalties of up to 800,000 euros.

The different legislation includes the self-employed who have workers in their charge and those who do not. Y entre estos últimos, aquellos que comparten centro de trabajo con otros empresarios o empresas.

The self-employed worker with workers

In the case of self-employed workers with workers in their charge, it is the responsibility of the employer, with respect to its workers, to comply with all the obligations contained in the regulations on the prevention of occupational risks to guarantee their safety and health.

The self-employed acquires all the obligations in terms of PRL than any other company. The size of the business, the number of workers or the turnover volume are secondary factors to carry out an occupational risk prevention plan like any other. The necessary documentation and actions of PRL are:

  • Creating a PRL plan
  • Risk assessment and preventive programming
  • Test the security of the measures taken
  • Communicate the rules of action and
  • Train workers on the risks of the workplace that may affect the activities carried out by them, as well as preventive and emergency measures.

The self-employed worker without workers

Law 31/1995, of 8 November on the prevention of occupational risks (LPRL), or its implementing regulations, with the exception of those relating to the coordination of business activities, in cases of concurrence of their activity with that of others, does not apply to the self-employed worker without workers in general.

This decision is left to the will of the natural person, who may decide depending on the type of activity carried out (in some cases it is advisable to have it without it being precisely mandatory).

However, article 24 establishes the obligation to coordinate PRL activities when sharing workspace with other companies or entrepreneurs. The obligations lie in the determination of the means of coordination between the parties, the protection and information on the actions of PRL throughout the center.

In conclusion, being self-employed, unless you do not have workers, and you develop your activity in a single work center that other workers do not access and you do not execute your work in a single work center that other workers do not access and you do not execute your work in construction works, you must manage your Occupational Risk Prevention through specialized technicians or an External Prevention Service.

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