Can I refuse to wear personal protective equipment?
Workers have the right under Article 40.2 of the Spanish Constitution, which entrusts public authorities with the task of ensuring health and safety at work.
In addition to their rights, they also have a series of obligations regarding the prevention of risks at work. Among these, article 19.2 of the Workers' Statute states that workers are obliged to observe legal and regulatory measures on health and safety at work.
Article 29 of Law 31/1995 on the Prevention of Risks at Work specifically sets out the obligations of workers in the area of prevention, establishing in the first place the obligation of each worker to ensure their own safety and health at work and that of those other persons who may be affected by their professional activity as a result of their acts and omissions at work, in accordance with their training and the instructions of the employer.
Among the particular obligations, the following stand out:
To use properly the machines, tools, dangerous substances, transport equipment and any other means with which they carry out their activity.
Correctly use the means and protective equipment provided by the employer.
Correctly use existing safety devices.
Immediately inform your direct superior and the Prevention Service of any situation that involves a risk to the safety and health of workers.
Contribute to the fulfilment of the obligations established by the competent authority.
Cooperate with the employer so that he can guarantee working conditions.
In accordance with their training and following the instructions of the employer, they must correctly use and care for the protective equipment.
For this reason, current legislation regulates that a worker's failure to comply with his obligations regarding the use of PPE may lead to disciplinary measures being taken by the employer. It should be remembered that "non-compliance by workers with these occupational safety and health obligations may be regarded as non-compliance and trigger appropriate action to be taken".
If you need to resolve any doubts, do so here.
Contact us, and our lawyers specializing in labour law will study your specific case.
At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.
In addition to their rights, they also have a series of obligations regarding the prevention of risks at work. Among these, article 19.2 of the Workers' Statute states that workers are obliged to observe legal and regulatory measures on health and safety at work.
Article 29 of Law 31/1995 on the Prevention of Risks at Work specifically sets out the obligations of workers in the area of prevention, establishing in the first place the obligation of each worker to ensure their own safety and health at work and that of those other persons who may be affected by their professional activity as a result of their acts and omissions at work, in accordance with their training and the instructions of the employer.
Among the particular obligations, the following stand out:
To use properly the machines, tools, dangerous substances, transport equipment and any other means with which they carry out their activity.
Correctly use the means and protective equipment provided by the employer.
Correctly use existing safety devices.
Immediately inform your direct superior and the Prevention Service of any situation that involves a risk to the safety and health of workers.
Contribute to the fulfilment of the obligations established by the competent authority.
Cooperate with the employer so that he can guarantee working conditions.
In accordance with their training and following the instructions of the employer, they must correctly use and care for the protective equipment.
For this reason, current legislation regulates that a worker's failure to comply with his obligations regarding the use of PPE may lead to disciplinary measures being taken by the employer. It should be remembered that "non-compliance by workers with these occupational safety and health obligations may be regarded as non-compliance and trigger appropriate action to be taken".
If you need to resolve any doubts, do so here.
Contact us, and our lawyers specializing in labour law will study your specific case.
At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.