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Hot hazards prevented

Local 20By Mariano Zunino

IT’S not easy working in Tenerife at times. The hot weather can make it hard to concentrate and do your job properly, especially in summertime when the heat can really take it’s toll.

But where do you stand in the workplace when it comes to rights in, say, a hot office?

These type of conditions are regulated in the Law of Prevention of Labour Risks – the discipline that tries  to promote the safety and health of workers by means of the identification, evaluation and control of hazards and risks related to the job environment.

This mainly covers the measures to promote the development of activities to prevent work risks.

In essence, “Labour risks” under Spanish law are the possibilities of a worker suffering an accident, illness or even long-term health problems and death, linked to a job or a workplace.

The Law 31/1995 of Prevention of Labour Risks is the one that “determines the basic body of guarantees and responsibilities needed to establish a standard level of protection of towards workers’ health against the risks coming from the working conditions. This sets out a coherent, co-ordinated and effective prevention of such risks.”

The Royal Decree 1299/2006 frames all professional hazards, such as those caused by psychological, physical, geographical and other factors.

It incorporates the EU recommendation in 2003, which emphasised the need to draft two lists: one enumerating occupational illnesses, and the other containing illnesses that appear to be work-related.

Now the complicated bit.

These are divided into six groups, which cover most eventualities. And some work-related medical situations can fall into more than one category.

In addition, there are some work/labour accident laws, such as the ones covering human error, or the rights when your work involves  travelling.

Each prevention law evaluates the risks of every sector, the work place and type of work. It has guidelines which aims to minimise the accidents and work-place illness.

The Workplace Laws are definitive, but they also are set up to encourage risk-avoidance. When it comes to temperatures, under European and, thus, Spanish Law, there is no minimum or maximum temperature limit.

Unions in different countries have tried to get a law that has a minimum temperature of 13 degrees Celsius, and a maximum of 27 Celsius. But at the moment, it is just an idea.

Mariano Zunino Siri is a registered lawyer at the Tenerife Bar Association since 1991. Email:  marianozuninosiri@gmail.com // www.abogadosmadridtenerife.com

 

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Posted by on Sep 23 2016. Filed under Legal Matters. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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