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Resolution of 11 April 2006, issued by the Labour and Social Security Inspectorate, concerning the Inspection Visit Register of the Labour and Social Security Inspectorate.
The Ministry of Labour has issued this Resolution requiring all companies to make the new Inspection Visit Register available to inspectors at each workplace before 1 June. Our firm is at your disposal to assist you with the necessary formalities to ensure compliance with this obligation.
Each workplace must maintain an Inspection Visit Register so that both civil servants of the Central State Administration and those of the Autonomous Communities carrying out technical occupational health and safety inspections can record the findings of their visits.
The Act on the Legal Framework of Public Administrations and Common Administrative Procedure provides that Public Administrations shall promote the use of electronic, IT and telematic means in the exercise of their functions. To this end, the Labour and Social Security Inspectorate will make available to users a software application that will allow the conventional visit register to be replaced by an electronic recording system.
Accordingly, warnings, recommendations or formal requirements issued by authorised technical officials in the course of occupational health and safety inspections may be recorded in an electronic Inspection Visit Register.
This regulation applies to all companies, self-employed workers and business premises operators, regardless of the Social Security scheme to which they are subject. Companies operating workplaces that exist for fewer than thirty days and employ six or fewer workers are not required to maintain their own Inspection Visit Register; they may instead use the register held at the premises where the company is registered.
Following each visit by a Labour and Social Security Inspector or an Employment Sub-Inspector to a workplace, a record of their actions must be entered in the register at the visited company.
Where the visit takes place at the workplace itself, the Register remains with the company and the official retains a copy of the record. Where the inspection is carried out at the Inspectorate's own offices, the Inspection Visit Register shall be made available to the official for as long as necessary and subsequently returned to its holder.
Each entry recorded in the Inspection Visit Register must follow this structure:
· The inspector must state their identity and the body to which they belong. Entries made by authorised technicians must include the designation "authorised technician".
· For each visit or inspection, an entry must be made detailing the aspects examined and any incidents that arose.
· The entry must record the circumstances of any involvement by employee representatives during the inspection, where applicable.
If, during an inspector's visit, the inspector issues a requirement to remedy any deficiencies, the entry must set out the information necessary to carry out the remedy and the deadline by which it must be completed.
Should the Social Security Inspector record in the entry a decision to suspend or halt work, the entry must specify the scope and conditions of the suspension, together with the information required for any challenge to that decision.
Completed Inspection Visit Registers must be retained and made available to the Labour and Social Security Inspectorate for a period of five years from the date of the last entry.
In autonomous communities (Spain's regional governments) that have more than one official language, the Inspection Visit Register shall be published in a bilingual edition.
