NEW LAW THAT INCREASES PENALTIES IN RISK PREVENTION MATTERS
The new Law 10/2021, of July 9, modified Article 40 of the LISOS to increase the amounts of labor sanctions. Within this category are penalties in the area of occupational risk prevention, which are the actions or omissions of the different responsible actors that breach the legal rules, regulations and normative clauses of collective bargaining agreements in the area of occupational safety and health subject to liability under Articles 11 to 13 of the LISOS.
The amounts of the penalties in matters of occupational risk prevention will be sanctioned:
- The minor ones, with a fine of 45 to 2450 euros (from minimum to maximum).
- Serious penalties, with a fine from 2450 to 49180 euros. These are the most common, and within these, the minimum grade, since they are the ones imposed by labor inspectors on SMEs if a very serious accident has not occurred. Serious infringements range from 2450 to 9830 euros. Recall that these penalties, until this new law, ranged from 2040 euros to 8,000 euros. The increase, therefore, is 20%,
- The very serious ones, with fines from 49180 to 983736 euros.
It should be remembered that these are not the only penalties that can be imposed on companies for lack of safety measures. If there is an accident resulting in a disabling injury, a benefit surcharge is imposed, which will be between 30% and 50% of the amount of the injury (of the amount paid by the mutual accident insurance company as a benefit for such disability). This penalty can amount to hundreds of thousands of euros, in case of total or absolute disability.
Since the penalties are not insurable, this increase in penalties requires a greater degree of attention from companies to avoid accidents and comply with the rules, and avoid the damages that they would entail.In Ergasia we are specialized in the legal protection of our clients to avoid, also, penalties.