In accordance with article 26.2 of the law 50/1997, of 27 november, the government, we shall now proceed to make the public consultation before the drafting of the draft Royal Decree amending various regulations in the field of industrial safety.

The Royal Decree No. 298/2021, of 27 april, amending various regulations in the field of industrial safety, came to modify the various regulations of industrial safety with the objective of, inter alia, human requirements the homogenization of companies authorized to exercise as a company installer and healing, conservative or in the regulatory Areas.

In this regard, the royal Decree No. 298/2021, of 27 april, stipulates that authorized companies must have an installer, conservative or (as appropriate) and/or to a technical titulad competent, when this is required by the staff regulations, for as long as the company provide services or, if any, on a full-time.

On 23 may 2024, the european commission has issued a reasoned opinion on this amendment, indicating that, in view of the same, changes must be reversed, with a view to adjusting the regulation of industrial safety to the services directive.

It is therefore aims to develop a draft royal decree amending the regulations of industrial safety to include other contractual arrangements permitted in law.

The present draft Royal Decree seeks to align human requirements of enterprises enabled using the interpretation of the commission concerning the implementation of the services directive.

While the changes in the royal Decree No. 298/2021 ensured a homogeneity in relation to human requirements enabled companies should fulfil no matter what the scope of the same, upon receipt of the reasoned opinion of the commission on the royal decree, it is necessary and timely return to modify the regulation of industrial safety for greater harmonization of the same within the european Union.

The draft royal decree proposed seeks to introduce other contractual arrangements permitted in law as valid for businesses in the various areas of industrial safety to meet the requirements established rights regulations.

There is no regulatory alternative.

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Consulta pública previa [PDF] [29.89 KB]