Introducción

AS TO SATISFY The NORMATIVE OBLIGATIONS IN THE MATTER OF PREVENTION WITH LABOR RISKS OF EFFECTIVE FORM And ECONOMICA

Law 31/1995 of Prevention of Labor Risks and the Regulations of Prevention establish the obligatory nature of which the company develops a SYSTEM OF PREVENTION OF LABOR RISKS .

An only valid system of organization of the prevention does not exist, since it will depend on how it is organized the company and the culture that in her exists. The most effective model in each case is that that totally integrates the own productive organization, obtaining that directors, technicians, controls and workers, assume the responsibilities that they have in the matter. In any case and whichever it is the modality of preventive organization chosen according to the effective legislation based on the group and the activity (own industralist, designated worker, or service of own, joint or other people's prevention), is necessary to always have in all center work of people involved in coordination tasks, pursuit and control of the management of the prevention of labor risks. Although he is permissible legally that a company can arrange all the preventive activity with an Other people's Service of Prevention, is absolutely recommendable that somebody competent one of the same one and counting on the support of the Direction, it acts of bond with such Service and lends necessary the logistical support for the correct development and implantation of the system.

The Direction is the one who must define and present the organizational chart general the company in which the functions are determined to develop by each one of their members. Within that organizational chart it would be necessary to define the functions of prevention of labor risks, in coherence with the own policy of prevention that the company wants to develop, and also, of his general organization. The definition of the preventive functions of the members of an organization and velar by its fulfillment is not only something necessary in writing, but in addition, essential means to obtain the automatic control and commitment degree that needs to develop an enterprise culture based on the people and an effective development of the adopted preventive system.

Therefore, one is not to develop a parallel or superposed structure to or existing without any or the few connections among them, but all the opposite, is to even adapt the preventive organization to the global organization of the company, taking advantage of, if there will be them, developed organizativas structures for compatible battle areas, like quality or medioambiente.

As one has already commented previously, the organization of the necessary resources for the development of the preventive activities will be made by the direction in accordance with some of the modalities gathered in chapter III of the RD 39/199 7 , which is developed next.

Next the different modalities from preventive organization are described, according to the effective regulation, considering that each company will choose the one that adapts to its characteristics, respecting in any case the minimums that RD 39/1997 prescribes, as it is indicated in the picture, where outlines the modality of preventive organization based on the number of workers.

Preventive organization based on the number of workers

NUMBER OF WORKERS	PREVENTION DELEGATES	COMMITTEE OF SECURITY And HEALTH ⁽¹⁾	SERVICE OF PREVENTION
1-5	-	NO	Empresario/Trabaj./S. Other people's P.
6-30	1 (Personal Del.)	NO	Other people's Trabaj./S.P.
31-49	1	NO	Other people's Trabaj./S.P.
50-100	2	YES	Trabaj/S. other people's P.
101-250	3	YES	Trabaj/S. other people's P.
251-500	3	YES	Other people's ^{Trabaj./S.P.propio}(2)/S.P.
501-1000	4	YES	Other people's S.P. propio/S.P.
1001-2000	5	YES	Other people's S.P. propio/S.P.
2001-3000	6	YES	Other people's S.P. propio/S.P.
3001-4000	7	YES	Other people's S.P. propio/S.P.
> 4000	8	YES	Other people's S.P. propio/S.P.

¹⁾the companies that count on several centers of work equipped with Committee of Security and Health will be able to decide with their workers the creation a Intercentros Committee.^{(2) For companies that belong to ANNEXED the 1 of the Regulations of
Prevention (R. D. 39/97)}

(abstracted of NTP 565: System of preventive management: organization and definition of preventive functions, the National Institute of Security and Hygiene in the Work).

Summarizing, the organization of the Prevention in the company has one double slope:

Operative slope, whose objective is to undertake the preventive tasks directly. This facet can be covered basically by means of three modalities:

Assuming totally the prevention

Subcontratando totally the Prevention

Combining the two first

Social slope, with the objective to assure a channel communication between workers and industralists: Delegates of Prevention and in its case Committee of Security and Health

In any case, he is as it is the adopted solution, at any moment he must gather of clear form and he needs the Functions and Responsibilities in the different levels from the company.

Next we presented/displayed the recommendation of Prevencion-laboral.com, as far as the Modality of Preventive Organization to adopt by the company, so that it is fulfilled the legal obligations of effective and economic form.

RECOMMENDATION OF Prevencion-laboral.com