Domestic workers in Spain acquire a new right from this Friday: their employers will be obliged to assess the occupational risks of their homes, the workplace of these professionals. The Ministry of Labor has activated a free tool to prepare this assessment. Below we explain how it works and other keys to this new regulation.
Where can I carry out the risk assessment?
On the Prevention10.es website. Throughout the afternoon of this Wednesday, errors occurred which prevented the completion of the process. It’s been six months since the website was enabled, but last-minute logins brought the tool down. According to the Ministry of Labor, the failure is due to high demand. We are sorry about the incident and hope to resolve it as soon as possible.
How can I do it?
On the preventcion10.es website, when it works, you can fill out a responsible declaration in which the employer answers a series of questions. Some examples are: whether the furniture is fixed to the walls or not, which chemicals will be used for cleaning, specific characteristics of the worker, if there are animals present, the structure of the house… It is a questionnaire, with questions to be answered Yes OR NO. With this information, a PDF is generated which serves as a document certifying the completion of the risk assessment and which also specifies the preventive measures that must be implemented.
What should I do with that document?
Save it and have it ready in case the Labor and Social Security Inspectorate requests it. It should not be handed over to any specific organization in advance. It is sufficient to have it prepared in case the work authority requires it.
Who should complete this assessment?
Any employer of domestic workers, regardless of this person’s working day. Do five hours a month or 40, the employer must do the self-assessment. It’s the same logic as before Social Security: whether they have more or fewer hours, you need to register these employees. Please note that it is not necessary for the employer to complete it; a family member or friend can do it online.
What other obligations do I have as an employer?
As the Ministry of Labor explains, after completing the process on prenvecion10.es you also obtain “a series of information materials that workers must send”. These documents inform the worker of the assessment, the compensatory measures envisaged and specify his rights.
Can I outsource this process?
YES. Instead of a free self-assessment like the one proposed by the Ministry of Labour, this can be carried out through a third-party prevention service, through a specialized private company.
What do non-compliant employers face?
Employers who do not respect this new deadline risk sanctions regulated by the Law on infringements and sanctions in the social order regarding the prevention of professional risks. According to the Ministry, failure to carry out self-assessment or to inform domestic workers about the preventive measures taken can be classified as a serious infringement. The highest penalty foreseen by the legislation in this regard is 49,180 euros at its maximum level. Díaz’s department emphasizes that these types of sanctions will only be applied in the presence of aggravating circumstances. Without them, in most cases, non-compliance would be considered minor and the fine would be a maximum of 2,450 euros.
