{"id":34316,"date":"2023-03-14T14:20:15","date_gmt":"2023-03-14T13:20:15","guid":{"rendered":"https:\/\/desarrollo.ypsossafety.com\/ohs-responsibilities-and-penalties-part-1\/"},"modified":"2026-10-29T23:26:54","modified_gmt":"2026-10-29T22:26:54","slug":"ohs-responsibilities-and-penalties-part-1","status":"publish","type":"post","link":"https:\/\/ypsossafety.com\/en\/ohs-responsibilities-and-penalties-part-1\/","title":{"rendered":"OHS Responsibilities and Penalties, Part 1"},"content":{"rendered":"\n

As we all know, OHS regulations set out a series of obligations for both employer and worker.<\/a><\/p>\n\n

Failure to Comply with OHS Obligations<\/strong><\/h2>\n\n

In the case of the employer, failing to meet occupational risk obligations may result in a penalty imposed by the Labor and Social Security Inspectorate, provided it is defined in Royal Legislative Decree 5\/2000 of August 4, approving the consolidated text of the Law on Infringements and Penalties in the Social Order. These obligations include, among others, those arising from the coordination of business activities<\/a> when workers from several companies are present at the same workplace.<\/p>\n\n

If the failure to comply is on the part of the worker, Law 31\/1995 of November 8, on Occupational Risk Prevention<\/a>, establishes in Article 29.3 that “the failure of workers to comply with the risk prevention obligations referred to in the preceding paragraphs shall be considered a breach of employment duties for the purposes of Article 58.1 of the Workers’ Statute”.<\/em><\/p>\n\n

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What Is and Isn’t an OHS Violation?<\/strong><\/h2>\n\n

Today we will focus on the employer’s responsibilities and the possible penalties they are exposed to. The first step is to clarify what constitutes a violation and what does not.<\/p>\n\n

According to Art. 1 of RD 5\/2000, administrative violations in the social order are the acts or omissions of the various responsible parties that are defined and penalized in this Law and in the laws of the social order. It also specifies that violations cannot be penalized unless the corresponding administrative proceedings have been conducted beforehand.<\/p>\n

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\"employer<\/figure>\n<\/div>\n

Types of Violations<\/strong><\/h3>\n\n

Violations may be classified as minor, serious, or very serious.<\/p>\n\n

Minor Violations<\/h4>\n\n