Fifth block of the common part: legal framework, organisation of prevention and participation, information, consultation and proposals (annex XII, section 2.II.A.5).
Your rights (Law 31/1995)
- Effective protection (article 14): the employer must guarantee your safety and health in everything related to work. That right includes information, consultation and participation, training, stopping work in the face of a serious and imminent risk and health monitoring.
- Information (article 18): about the risks of the company and of your job, the protection measures and the emergency measures; you are informed directly of the specific risks of your job. On site, the information must be understandable to the worker concerned (Royal Decree 1627/1997, article 15).
- Training (article 19): theoretical and practical, sufficient and adequate, when you are hired and when your duties or your equipment change; within working hours whenever possible and at no cost to you. The construction agreement says its training is the training of article 19 and that, in the vast majority of cases, it is the training sufficient for and suited to the job (article 137.1); every site worker must have at least the initial training (article 137.3).
- Consultation and participation (article 18.2; Royal Decree 1627/1997, article 16): the contractor hands a copy of the health and safety plan and its amendments to the workers' representatives.
- Stopping (article 21.2): you may stop your activity and leave the workplace when you consider that it involves a serious and imminent risk to your life or health. And you cannot be required to resume while the danger persists (article 21.1.b).
Your duties (Law 31/1995, article 29)
- Look after, as far as you can, your own safety and that of those affected by your work.
- Use machines, tools, substances and transport equipment correctly.
- Use the PPE provided properly.
- Do not disable safety devices.
- Report immediately to your superior and to those in charge of prevention any risk situation.
- Cooperate with the employer.
Breach of these duties counts as a breach of employment duties for the purposes of the Workers' Statute (article 29.3).
Source: VI Convenio colectivo general del sector de la construcción (BOE-A-2017-10951; construction sector general collective agreement, consolidated text, in Spanish), article 137 and annex XII, section 2.II.A.5 · Ley 31/1995, de Prevención de Riesgos Laborales (Occupational Risk Prevention Act, consolidated text, in Spanish), articles 14, 18, 19, 21 and 29 · Real Decreto 1627/1997, disposiciones mínimas de seguridad y salud en las obras de construcción (construction sites, consolidated text, in Spanish), articles 15 and 16