Construction sector and risk prevention in Spain
The legislation on prevention of Occupational Risks as well as the Royal Decrees that are of reference, including those related to the construction sector are well known by those responsible for the sector.
And after the time of its implementation, workplace accidents have increased by 133%.
With respect to the above, employers have not digested the legislation, it is difficult for them to implement the necessary measures derived from the evaluation, and the economic cost resulting from the implementation of the measures is generally always downward.
The penalties if we compare them with those derived from non-compliance with other crimes are low.
Failure to comply with the mandatory requirement to pass the legal audit can be between 250,000 and 500,000 pesetas.
And considering that we are talking about "minimum prevention" requirements, which would be if they raised the bar, in my opinion sanctions must be toughened, both economic, legislative, regulatory, and criminal.
Punish construction companies with a high percentage of accidents derived from poor compliance with the legislation, with one year of inactivity as long as they do not demonstrate with objective evidence, their compliance with regard to Occupational Risk Prevention.
Force companies based on the annual balance of the percentage of occupational accidents in their different degree, mortality, and occupational disease based on the medical history made by a specialist in occupational medicine.
To carry out a general ergonomic study of jobs that includes all the specialties and related and necessary trades in the construction sector.
I want to express my conviction that of the accident situation reached in the construction sector, those who most regret it are the Occupational Risk Prevention professionals who wanted to train at all levels and specialties to ensure compliance with the legislation within the companies, and outside of them 1st for compliance with legislation and for occupational health and safety in all its manifestations.
OPPORTUNITY CONSIDERATIONS FOR IMPROVEMENT
I do not have any footage of the complete process of execution of the construction of a project of a block of flats of the many that are carried out throughout our Spain, from the moment the plot is delimited until the flag is put up as shown. He usually says, it would be interesting to see later frame by frame with a cadence of one second, how all the phases of execution of the work have been carried out, the parties of workers who have intervened how they have enhanced the performance of their functions, each one with their trade, what individual, collective, and personal measures have been arranged at all times, etc., and then be able to compare them ergonomically with both national and international ergonomic valuation models,comparing similar experiences (I do not understand how there has not been published a general ergonomic study of the construction sector in Spain that includes all the positions and trades in relation to the sector "I know why it has not been done I do not know where they published that given the complexity sector was not carried out.
We should reflect on so many standard prevention measures for construction sites and on so many software programs for the design and implementation of standard measures for prevention in construction projects, and begin to use the scientific and professional method of risk assessment from specialists to footprint in the different specialties- safety, hygiene, occupational medicine, ergonomics and psychosociology, and others in the different work procedures and trades to accurately determine the measures to be taken, etc., and leave the computer screen to learn prevention and comply with the legislation.
Surveys of construction workers by worker representatives (prevention delegates) throughout the national territory on occupational risk prevention with a questionnaire, general prevention in the workplace, loads, musculoskeletal risks, fatigue, noise, psychosociology, ergonomics, hygiene, etc., in order to draw conclusions to implement improvement measures in the results of accident statistics in order to increase data for continuous improvement in the study of results of the application of control of costs in prevention both for companies, entities, mutuals, administration, and the accident victims themselves, and of course their relatives, etc.
Construction projects are the result of the translation of customer needs, and we consider quality as a fundamental concept, and it must be applied at all stages of construction, set before an end customer, the buyer customer. We contemplate the costs of prevention, costs of quality, results of work costs, and above all the profitability of the work. Prevention costs often make employers sweat.
There are concerns that construction companies implement ISO 9000: 2000 quality management systems,
Others think that the quality / environment integration system would be adequate and there are those who say that we must walk towards the integrated management system, I have news that a construction company has given a special award in this regard, congratulations, I think that it would be much won if they were achieved progress in this regard.
I also do not know what about the obligation of the sector regarding audits, because in addition to what the legislation imposes as an obligation.
Audits will be carried out when the labor authority deems it necessary, due to death by accident, serious complaint, of the legal representative of the workers and why not to a single work. How many are the assumptions for which a single multiple work would be audited. I do not list them.
The writing or monitoring of the Health and Safety study should not be given by a Technical Architect, physician, or whoever if it is not a Senior Technician in Occupational Risk Prevention-Occupational Safety Specialty and did not have the course of coordinator of Safety and Health in Construction works of 300 hours approved by a university.
But for now we can entertain ourselves and do a survey before authorizing a work that would be this or similar.
With the following questions:
1. ENTREPRENEUR OR PROMOTER
• Royal Decree 1627/97 is applicable to the installation, knows its scope and has the text.
• The work to be carried out has an execution project, with the corresponding visas.
• The work project document includes the appointment of a health and safety coordinator.
• A health and safety coordinator has been appointed for the execution of the work project.
• The execution of the work involves more than one company, a company and self-employed workers, or several self-employed workers.
• A health and safety coordinator has been appointed, accredited and qualified according to the corresponding officially approved course.
• The health and safety coordinator indicated for the work project is the same as the one designated for the execution of said project.
• The employer knows that his responsibility for health and safety cannot be transmitted to the appointed coordinators.
• The entrepreneur / promoter is aware of his obligation to prepare a health and safety study during the drafting of the work project, provided that the values indicated in point 2 of the previous conditions are exceeded.
• If the previous point is negative, the employer / promoter is aware of his obligation to carry out a health and safety study during the drafting phase of the work project, provided that the values indicated in point 2 of the previous conditions are exceeded.
• Both a study or another according to the circumstances of the work, is signed by a qualified technician in the field of occupational risk prevention.
• The safety study contains at least:
- Identification of the risks and their protection and prevention measures.
- Work procedures
- Material means to be used to avoid non-annulled risks.
- Provision of health and common services in the workplace, based on the number of workers who will use them.
- List of legal regulations that apply to it.
- Type of machinery and work tools to be used, as well as their characteristics sheets, for handling and conservation.
- Budget that quantifies the set of expenses foreseen for the application and execution of the health and safety study.
• The health and safety study exists and is part of the work execution project.
• The budget for the application and execution of the health and safety study, quantifies the set of planned expenses, both globally and by unit items.
• The health and safety study considers the forecasts of possible subsequent works.
• If it were a basic health and safety study, it complies with:
- Identify the risks of the work.
- Proposes preventive and protective measures
- Evaluates other possible jobs to be carried out, analyzing their risks and proposing their prevention and protection measures.
- It is prepared by a qualified technician or by a project coordinator Accredited in prevention.
• The employer / promoter is aware of their obligation to require each contractor to draw up a health and safety plan at work that includes:
- Analysis of the forecasts contemplated in the study or basic study of safety and health.
- Organization of its work execution system.
- Identification of the risks of the specific work activity.
- Proposals for prevention and protection measures
- Economic evaluation of the proposed prevention and prevention measures.
• The document prepared by the contracting companies "occupational health and safety plan"
• It has been reviewed and approved before the start of the work.
• It has been approved by the health and safety coordinator, or by the facultative direction (you must have higher training in prevention and a specialty. Be with your registered and accredited title)
• There is supporting documentation of documents with signature and title of the person who approves the health and safety plan.
• The safety plan is on site and is available to all participants, as well as to the labor authority.
• The employer / promoter has made the appointment of the health and safety coordinators, knows their obligations / functions and has a copy of them.
2. COORDINATOR OF SAFETY AND HEALTH AT WORK
• If the minimums set forth in point 2 of the previous conditions are met, one or more health and safety coordinators have been appointed.
• Coordinates the activities of the work to ensure that all participants consistently apply the principles of preventive action indicated in article 15 of the LPRL.
• Approves the safety plan prepared by the contractor and introduces the modifications that it deems appropriate to guarantee the safety and health of the workers.
• There is documentation that certifies the previous point.
• Coordinates the actions and control functions for the correct application of the work methodology.
• Adopt the necessary measures so that only authorized persons can access the work.
• Coordinates compliance with the following requirements:
- Maintenance of the work in good order and cleanliness
- Handling of materials and use of auxiliary means.
- Delimitation of storage areas.
- Establishment of passageways, access and vehicle circulation
- Cooperate and seek cooperation between contractors and freelancers.
3. CONTRACTORS AND SUBCONTRACTORS
• They apply the principles of preventive action indicated in article 15 of the LPRL.
• They have a health and safety plan on site.
• They comply with and make their personnel comply with what is specified in said security plan.
• They comply with the provisions of the LPRL. And in particular with its article 24.
• They have, inform and provide adequate instructions to self-employed workers on the prevention and protection measures to be applied in each work activity.
• They follow the instructions and comply with the instructions of the coordinator in matters of health and safety.
• There is any document that evidences and certifies compliance with the four previous points.
4. SELF-EMPLOYED WORKERS
• In the work there are self-employed workers, as independent or integrated in the contractor companies.
• If the previous point is met, they comply, know and apply the principles of preventive action set out in article 15 of the LPRL.
- They comply with the provisions of the LPRL. And in particular with article 29, paragraph 1 and 2.
- They adjust their performance on site as indicated by the health and safety coordinator or by the facultative management, - They use adequate work equipment and conform to what is indicated in the Royal Decree. 1215/97.
- They have and use the mandatory individual protection equipment for the risks identified in the work.
- They attend to the indications and comply with the instructions of the coordinator in terms of health and safety during the execution of the work, or by the facultative direction.
- They know and comply with what is specified in the security plan of the contractor to which it belongs.
5. ALL PARTICIPANTS IN THE WORK- EMPLOYER / CONTRACTORS / WORKERS.
• There is an incident book in the workplace.
• All participants are aware of its existence.
• The incident book is in the possession of the health and safety coordinator or the medical department, where appropriate.
• Access to this incident book is free for all participants.
• All participants can make notes regarding health and safety.
• There is currently some annotation
• If there is an annotation, the health and safety coordinator or the medical department knows its content.
• If so, the health and safety coordinator or the medical department have sent a copy to the Labor and Social Security Inspectorate within 24 hours.
• If so, a copy has been sent to the contractor or self-employed worker and. To the representatives of the workers in the case of contractor.
• There is some documentation that certifies other communications from the employer / promoter to contractors or self-employed workers.
• The health and safety coordinator or the faculty management has paralyzed some work due to non-compliance with the study, basic study or safety plan.
• The incidents observed have been resolved within a reasonable period of time.
6. WORKERS
• All the workers surveyed have received information on the existing risks and on the prevention and protection measures to be applied based on the risks identified.
• In order to identify the existing risks, the proposals for preventive and protection measures, the workers or their representatives, have been consulted and their criteria have been reflected in the documents related to safety and health at work.
• Workers or their representatives have a copy or free access to the safety plan, for the purposes of their knowledge and monitoring.
7. EMPLOYER / PROMOTER RELATIONS WITH THE LABOR AUTHORITY
• There is a construction project.
• The work project includes the study or basic study of safety and health.
• The construction project has been endorsed by the professional association to which the technical designer belongs.
• The promoter employer has notified the competent labor authority of the start of the work.
• If so, the format used is that indicated in Annex III of the Royal Decree. 1627/97 and, it is exposed in the work in a visible way for the participants.
• All contractors have notified the labor authority of the opening of the work center.
• If so, a Health and Safety Plan exists and has been submitted.
• It is known if the Health and Safety Plan is in the possession of the Labor and Social Security Inspectorate or is within its reach.
CHECKS TO BE CARRIED OUT ON THE SITE
1. Stability and solidity
- The stability of the materials and equipment is generally observed at all sites.
2. Power supply and distribution facilities
- These facilities are reflected in the security plans and do not pose risks for potential users.
- Its location does not pose a risk of fire or explosion.
- Its construction is suitable to avoid direct contacts
- or indirect.
3. Emergency routes and exits.
- There are these types of emergency routes and exits and they are free of obstacles.
- Their number is related to the number of workers who could use them.
- They are properly signposted
- All participants in the play know of its existence.
- In case of absence of lighting due to breakdown, these routes and exits are equipped with security lighting and of sufficient light intensity.
4. FIRE DETECTION AND FIGHTING
- There are fire defense systems such as detectors, alarms and external agents.
- If so, some kind of verification and maintenance is carried out on them and appropriate tests and exercises are carried out.
- Non-automated fire defense systems are easy to access and manipulate.
- Fire defense systems are properly marked.
5. VENTILATION
- If due to environmental conditions or concentration of pollutants, means are available to keep the air clean.
- If so, these means are used.
6. EXPOSURE TO PARTICULAR RISKS
- Workers are not exposed to risks from physical or chemical agents.
- If not, the employer or promoter has carried out evaluations of the values of said agents.
- The presence of a worker has been authorized in places with high risk of these physical or chemical agents.
- If so, the workers or their representatives have notified such a situation using the incident book.
- The lighting that prevails is natural.
- If artificial light is used, it is installed in such a way that it does not cause added risks.
- If the artificial light used is through laptops, transformers or other devices are used to supply 24 V, or safety voltages (Low Voltage Electrotechnical Regulations).
7. DOORS AND GATES
- There are doors or gates that are not swinging.
- If so, they have safety mechanisms that prevent untimely movements or falls.
- The doors or gates on the exit or other or emergency routes are conveniently marked.
- The doors and gates located at the entrances to traffic routes are suitably marked.
8. CIRCULATION ROUTES AND DANGEROUS AREAS
- They can be used without risks added to normal use (areas close to vehicle traffic, entrances or exits on elevated platforms, others).
- Its dimensions are adequate for the use it is intended for (pedestrians plus vehicles)
- There is signage
- There are limited or prohibited accesses properly signposted.
9. SPRINGS AND LOADING RAMPS
- If this element is available on site, they are of sufficient size for handling loads.
10. WORK SPACES
- Workers have enough space to carry out the movements that their work activity implies, taking into account both the necessary materials and the equipment used.
11. FIRST AID MEASURES
- One or more premises are available exclusively for medical care of workers injured or affected by a sudden illness.
- Personnel who can apply first aid have sufficient training to do so.
- Sufficient measures are in place to guarantee the evacuation of injured personnel.
- Premises intended for medical care have easy access, are signposted and have sufficient first aid material.
12. HYGIENIC SERVICES
- The work center has enough changing rooms for the number of workers who have to use them.
- The changing rooms are easily accessible and have enough seats and lockers for the number of workers.
- The changing rooms have showers with hot and cold water.
- If not, observe the type of work in case the use of showers is not necessary but hot and cold water sinks.
- Workers have close to their work, rest rooms, changing rooms, showers or toilets and rooms with toilets and sinks.
- The premises indicated in the previous point will be separated from those for men and women.
13. REST OR ACCOMMODATION PREMISES
- If they exist, these premises, smoking and non-smoking areas are differentiated.
14. PREGNANT WOMEN AND NURSING MOTHERS
- If they exist, they have no chance to rest lying down
15. HANDICAPPED WORKERS
- If they exist, they do not have architectural difficulties of passageways and access or use of sinks, toilets, etc.
16. MISCELLANEOUS PROVISIONS
- The entrances and perimeter are clearly and adequately signposted.
- Workers have sufficient drinking water or another similar drink (non-alcoholic), both in the premises they occupy and near the jobs.
- Facilities are available to eat or prepare meals in safety and health conditions.
JOBS IN THE INTERIOR WORKS OF PREMISES
1.1 1.1 Stability and robustness
- The premises are stable and no solidity deficiencies are observed.
1.2 1.2 Emergency doors
- The doors open to the outside, they are not closed, they are easily accessible and do not have materials to obstruct them.
- No emergency door is of the sliding or rotating type.
1.3 1.3 Ventilation
- If air conditioning or ventilation installations are used, workers are not subjected to drafts.
- There are no pollutant concentrations that harm the safety and health of workers.
1.4 1.4 Temperature
-The rest rooms, toilets, dining rooms, first aid, have a suitable temperature for their destination.
1.5 1.5 Floors and walls, ceilings of premises
- The floors, walls and ceilings are clean and can be cleaned without difficulty.
1.6 1.6 Windows and overhead lighting openings
- They can be opened and closed without difficulty
- They can be cleaned without difficulty
- They do not involve risks.
1.7 1.7 Doors and gates
- Transparent doors, if any, are marked at eye level.
- Self-closing doors and gates are transparent or have transparent panels.
- Transparent doors or gates have protection against breakage.
1.8 1.8 Traffic routes
- They are marked or signposted for their use
1.9 1.9 Escalators and treadmills
- They have easily identifiable emergency stop devices.
1.10 1.10 Dimensions and air volume of the premises
- They have sufficient surface and height
JOBS IN THE WORKS ABOVE THE PREMISES
2.1 Stability and robustness
- Mobile or fixed workstations located above or below ground level are stable and solid, including supports and other elements used.
2.2 2.2 Falling objects
- There are specific areas of passage and access.
- There is signage that prevents access through areas where materials may fall.
- Container equipment for both used and waste materials will be used.
2.3 2.3 Falls from height
- All work observed at heights greater than two meters from the ground or fixed platform is carried out on scaffolding, walkways or platforms that have handrails and other collective protection systems.
- In all work observed at heights greater than two meters above the ground, workers wear and use seat belts.
- The stability and solidity of the elements used for work at height are adequate.
2.4 2.4 Atmospheric factors
- All workers who perform work abroad have protection against inclement weather.
2.5 2.5 SCAFFOLDING AND STAIRS
- They are of sufficient stability solidity.
- Its construction has protections that prevent the fall of workers who have to use them, or of the materials that are used.
- Before use, they are inspected by managers, competent technicians or by the health and safety coordinator.
- If so, there are documents that certify compliance.
- Likewise, if its structure is modified, it is also inspected by the aforementioned persons.
- The observed ladders have all their elements in correct condition and are approved by a competent body.
2.6 2.6 Lifting devices
- They have accreditation that guarantees their regular maintenance.
- They are installed in the correct places.
- They are managed by personnel who are sufficiently informed and trained in the risks inherent in these teams.
- They are not used for purposes other than those foreseen.
2.7 2.7 Vehicles and machinery for earth moving and material handling.
- They have the corresponding ITV.
- They have maintenance and conservation programs
- The personnel who handle them have been informed and properly trained on the risks inherent to this equipment.
- The transport of personnel in non-specific machinery is not observed.
- The driver's cab is sufficiently protected against being crushed, both by tipping over and by falling objects.
2.8 2.8 Installations, machines and equipment.
- They have maintenance and conservation programs.
- They have operating instructions manuals in legible and intelligible language.
- They are used for the specific work for which they were built or designed.
2.9 2.9 Earthworks, excavations, wells, underground works and tunnels.
- Due precautions are taken to locate underground electrical cables.
- In the excavations of wells, underground works or tunnels, elements that avoid burial are studied and used.
- In the excavations of wells, tunnels, or underground works, adequate ventilation is guaranteed and there are no polluting concentrations that damage the safety and health of workers.
- If so. There are safe ways to enter and exit and are enhanced in an emergency.
2.10 2.10 Power distribution facilities
- Proper conservation checks and maintenance are carried out.
- Verifications and maintenance are carried out by specialized personnel
- All electrical installations are located and signposted.
- If there are overhead power lines, height markings are available for vehicles and machinery, as well as for workers who perform tasks near them.
2.11 2.11 Metal or concrete structures, formwork and heavy precast parts.
- These elements are assembled and disassembled under the supervision, control and direction of a person in charge, technician or competent person and, with sufficient information and specific training on the risks involved.
- There are assembly procedures for formwork, temporary supports and shoring.
- All workers who carry out work activities near or next to these elements have been properly informed and trained on the dangers derived from their fragility or instability.
2.12 2.12 Other specific works.
- Workers have been properly informed and trained on those tasks that they perform near or next to:
• Demolition or demolition
• Roofs or roofs
• Explosives
• Compressed air drawers
• Assembly, transformation or dismantling of cofferdams.
Possibly we would have to include some more questions in this checklist about Royal Decree 1627/97, but I think that if the works were fully complied with what was argued in this list, perhaps the issue would be amended.
A good friend and university professor in the specialty of prevention, quality and environment audits said in the classroom of the Department of Occupational Health of Suffolk University-Madrid-Campus, that we should understand quality as the natural way of doing things, Let's pay attention and give quality to workers in the construction sector in its preventive sense.
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