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Article 16. Plan of occupational risk prevention, risk assessment and planning of preventive activity.
1. The occupational risk prevention system should be integrated into the overall management of the company, in all its activities and in all hierarchical levels of the latter, through the introduction and implementation of a plan of prevention of occupational risks to referred to in paragraph below.
This plan of occupational risk prevention should include the organizational structure, responsibilities, functions, practices, procedures, processes and resources needed to perform the action to prevent risks in the company, under the terms established by regulation .
2. The essential tools for management and implementation of risk prevention plan, which may be carried out in stages on a scheduled basis, are the occupational risk assessment and planning preventive activity referred to the following paragraphs:
a) The employer shall conduct an initial assessment of risks to safety and health of workers, taking account, in general, the nature of the activity, the characteristics of existing jobs and workers are to be performed . The same will be done in time for the choice of work equipment, substances or chemicals and the arrangement of the workplace. The initial assessment will take account of other acts to be carried out in accordance with the provisions of the legislation on protection of specific risks and particularly dangerous activities. The assessment will be updated as conditions change jobs and, in any case will be submitted to and reviewed, if necessary, when damage to health that have occurred. When the outcome of the assessment makes it necessary, the employer perform periodic inspections of working conditions and activity of workers in providing services to detect potentially dangerous situations.
b) If the results of the assessment under paragraph to reveal situations of risk, the employer will perform those preventive activities to eliminate or reduce and control such risks. These activities will be planned by the employer, including preventive activity for each period to carry out, the designation and the necessary human and material resources for its implementation. The employer must ensure the effective implementation of prevention activities including planning, by conducting continuous monitoring of the same. Prevention activities should be modified if it appears by the employer as a result of the periodic inspection under paragraph A above, their unsuitability for the purpose of protection required.
3. When damage has occurred to the health of workers or where, during the health surveillance under theArticle 22 displayed signs that prevention efforts are insufficient, the employer will conduct an inquiry in order to detect the causes of these events.